Havens v. CDOC, No. 16-1436 (10th Cir. 2018)Annotate this Case
Darrell Havens, a former Colorado state prisoner, appealed the district court’s grant of summary judgment against his claims of discrimination on the basis of his disability. Havens claimed certain decisions and policies of the Colorado Department of Corrections (“CDOC”) caused him to be excluded from access to the facilities and services available to able-bodied inmates of the Colorado prison system, in violation of the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act. After review, the Tenth Circuit concluded: (1) Havens’s Title II claim was barred by Eleventh Amendment sovereign immunity; and (2) Havens failed to make the requisite showing of intentional discrimination under section 504 of the Rehabilitation Act. Therefore, the Tenth Circuit affirmed the district court in full.