Montez, et al v. Romer, et al

Filing 5365

ORDER of Special Master as to Matthew Mounts, #03-211, by Special Master Richard M. Borchers on 2/28/13. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 92-N-870-CMA
JESSE MONTEZ, et al.
Plaintiffs,
-vs.JOHN HICKENLOOPER, et al.
Defendants.
______________________________________________________________________________
Claim Number 03-211
Category III
Claimant: Matthew Mounts, #66276
Address of Claimant: SCF, P.O. Box 6000, Sterling, CO 80751
______________________________________________________________________________
ORDER OF SPECIAL MASTER
______________________________________________________________________________
THIS MATTER comes before the Special Master on Claimant’s letter of February 24, 2013.
In his letter, Claimant alleges that he has been the victim of discrimination prohibited by the ADA.
If the allegations in the letter are true, then a violation of the ADA has occurred.
Claimant requests help in rectifying what he perceives as discrimination. He acknowledges
that the case is in the monitoring phase. He requests help through this case and specifically the claim
process established by Article XXXII of the Remedial Plan.
The Special Master has no jurisdiction over systemic issues. The case is in the monitoring
period. As to systemic issues, the Special Master may only refer matters to class counsel pursuant
to McNeil v. Guthrie, 945 F.2d 1163 (10th Cir. 1991).
Claimant did file a claim and partially prevailed. In May 2007, Claimant was awarded $200
in damages. Nothing has been presented over the intervening years that this amount was not paid to
Claimant. No other relief was granted to Claimant.
In his order of January 19, 2011, Judge Kane ruled, in part, as follows:
1. I begin by reiterating the gist of the March 23, 2010 order, which is that the
time for receiving and considering new, amended, or otherwise revised pro se claims

for relief under § XXXII of the Montez Remedial Plan is over. Class members
alleging new instances of disability discrimination or deliberate indifference to
serious medical needs must proceed, as any other inmate whose disability-related
claims arose after August 2003, in a separate and independent pro se action in
accordance with McNeil v. Guthrie, 945 F.2d 1163 (10th Cir 1991).
Judge Kane went on to say:
2. However, given that category of individual Montez Class claims that the
Special Master identifies as having been the subject of Final Orders favorable to an
inmate but with which the inmate contends Defendants have not fully complied, I
clarify/modify the March 23, 2010 Order to affirm that the Special Master retains
jurisdiction to receive and consider motions seeking the enforcement of those Final
Orders. This jurisdiction is extremely limited. It exists solely to the extent necessary
for the Special Master, on his own motion, to recommend that Defendants be ordered
to comply in some specific way with an existing Final Order of the Special Master
or to recommend the imposition of sanctions for failure to comply. (Emphasis in
original).
The Special Master has jurisdiction only to determine if Defendants have complied with a final
order. Since Claimant received money, the only jurisdiction for the Special Master is to determine
if Claimant was paid.
There is no jurisdiction for the Special Master to do anything on the new allegations.
Claimant’s remedy is to file his own separate lawsuit.
IT IS HEREBY ORDERED that the letter of Claimant is referred to class counsel for such
action as is deemed appropriate; and
IT IS FURTHER ORDERED that Claimant’s letter, being treated as a motion for relief, is
denied for lack of jurisdiction; 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 April 22, 2013.
SIGNED this 28th day of February, 2013.

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BY THE COURT:
/s/ Richard M. Borchers
________________________________________
Richard M. Borchers
Special Master

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