Montez, et al v. Romer, et al

Filing 5212

ORDER OF SPECIAL MASTER Re: Claimant Michael K. Tivis (Claim No. 03-276). Claimant's letter, being treated as a motion for accommodations, is denied for lack of jurisdiction. A copy of Claimant's letter will be provided to class counsel fo r such action as may be deemed appropriate. Claimant, Defendants and class counsel are advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53(g)(2) on or before 01/23/2012, by Special Master Richard M. Borchers on 11/16/2011. (wjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 92-CV-870-JLK
JESSE MONTEZ, et al.
Plaintiffs,
-vs.JOHN HICKENLOOPER, et al.
Defendants.
______________________________________________________________________________
Claim Number 03-276
Category III
Claimant: Michael K. Tivis, #52378
Address of Claimant: SCF, P.O. Box 6000, Sterling, CO 80751
______________________________________________________________________________
ORDER OF SPECIAL MASTER
______________________________________________________________________________
THIS MATTER COMES before the Court on Claimant’s letter which is undated. Doc. 5210.
In the letter, Claimant details medical problems that he has experienced over the last two years,
including a bone infection. Claimant indicates further that medical care has been delayed. He has
alleged that his civil rights are being violated.
Claimant previously filed a motion requesting additional accommodations. That motion was
dismissed as Judge Kane had ruled that no additional pro se motions would be accepted. The sole
exception was for claimants who had received an order from the Court providing continuing items
such as medical shoes. Claimant received a favorable ruling on his claim and was awarded money,
which has been paid to him. Thus, there is no continuing jurisdiction over the claim.
More importantly, the United States Court of Appeals for the Tenth Circuit ruled that the
ADA and Rehabilitation Act are not available for claims of substandard medical treatment.
Fitzgerald v. Corrections Corporation of America, 403 F.3d 1134, 1143 (10th Cir. 2005). The Montez
case deals with the ADA and Rehabilitation Act, not Eighth Amendment violations. Claimant is
entitled to file his own separate lawsuit concerning the medical care he has received. Claimant
cannot pursue his own civil rights claim concerning medical care in this case.
IT IS HEREBY ORDERED that Claimant’s letter, being treated as a motion for
accommodations, is denied for lack of jurisdiction.

IT IS FURTHER ORDERED that a copy of Claimant’s letter will be provided to class
counsel for such action as may be deemed appropriate; and
IT IS FURTHER ORDERED that Claimant, Defendants and class counsel are advised that
they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53(g)(2), but
said objection must be filed with the Clerk of the United States District Court, 901 19th Street,
Denver, CO 80294 on or before January 23, 2012.
SIGNED this 16th of November, 2011.
BY THE COURT:
/s/ Richard M. Borchers
________________________________________
Richard M. Borchers
Special Master