The Americans with Disabilities Act (“ADA”) clearly covers any entity that is a contractor with the state. In this case, the Colorado Department of Corrections and the Colorado Division of Criminal Justice contract with a private company known as Intervention Community Corrections Services (“Intervention”). The plaintiff, Nancy Marks, an individual with a disability, was incarcerated but approved for placement in a community corrections facility, a lower-security program designed to help inmates transition to life after prison. After sustaining a further injury to her disabling condition, she was returned back to prison and not allowed to return to the community corrections facility solely based on her disability. The United States District Court ruled that the state was not responsible for the program run by Intervention even though Intervention contracts with the state of Colorado to provide these services. The organizations joined as amici (“friends of the court”) for the purpose of demonstrating our agreement with Ms. Marks that the state must be held responsible for the acts and decisions of its contractors that violate the ADA. The United States District Court decision is attached as well as the Brief of Amici Curiae. Amy Robertson Of the Civil Rights Education and Enforcement Center authored the brief.
2019-07-03 Marks Order Granting Summary Judgment (Acrobat access check) v Colorado Department of Corrections Brief of Amici Curiae –
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