Marks v. Colorado Department of Corrections et al

Filing 39

ORDER granting 14 defendant Intervention Community Correction Services (ICCS) filed a Rule 12(b)(6) motion to dismiss the Third Claim for Relief of the complaint alleging a violation of Title III of the American with Disabilities Act (ADA), 42 U .S.C. § 122181-12189. The plaintiff has filed a First Amended Complaint pursuant to this Courts order of January 7, 2015, making the same claim. It is now ORDERED that the Third Claim for Relief in the Complaint and First Amended Complaint is dismissed, by Judge Richard P. Matsch on 1/8/2015.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 14-cv-01577-RPM
NANCY MARKS,
Plaintiff,
v.
COLORADO DEPARTMENT OF CORRECTIONS;
JEFFERSON COUNTY BOARD OF COMMISSIONERS;
INTERVENTION, INC.;
SUSAN KELLER, Community Parole Officer, Colorado Department of Correction,
in her individual and official capacities;
KRISTIN HEATH, Program Director, Intervention Community Corrections Services,
in her individual and official capacities; and
RICK RAEMISCH, Executive Director Colorado Department of Corrections,
in his individual and official capacities,
Defendants.
_____________________________________________________________________
ORDER DISMISSING THIRD CLAIM FOR RELIEF
_____________________________________________________________________
On August 11, 2014, defendant Intervention Community Correction Services
(ICCS) filed a Rule 12(b)(6) motion to dismiss the Third Claim for Relief of the complaint
alleging a violation of Title III of the American with Disabilities Act (ADA), 42 U.S.C. §
122181-12189. (Doc. 14). The motion has been fully briefed. Upon the finding and
conclusion that ICCS does not operate a place of public accommodation and is not
therefore subject to the ADA, the motion is granted. The plaintiff has filed a First
Amended Complaint pursuant to this Court’s order of January 7, 2015, making the same
claim. It is now
ORDERED that the Third Claim for Relief in the Complaint and First Amended
Complaint is dismissed.

DATED: January 8th, 2015
BY THE COURT:
s/Richard P. Matsch
________________________________
Richard P. Matsch, Senior District Judge

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