Free Response to Motion - District Court of Colorado - Colorado

Case 1:01-cv-02299-PSF-BNB

Document 223

Filed 08/10/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 01-cv-2299-PSF-BNB F. DAVID SLUSHER, Plaintiff, v. JOHN W. SUTHERS, et al., Defendants.

DEFENDANTS' RESPONSE TO PLAINTIFF'S [MOTION] REGARDING ALLEGED MAIL INTERFERENCE

Defendants Joseph McGarry, Judy Bullard, Delayne Tornowski, Richard Howard, Trevor Williams, Don Lawson, Phillis Griswould, Jim Day, Tamara Williams, Teddy Laurence, Edd C. Gillespie, John W. Suthers, Al Estep, Shane Johnson, Tom O'Brien, and John Reilly, the State Defendants, by and through their attorney Edward T. Farry, Jr., of FARRY and RECTOR, L.L.P., hereby respond to Plaintiff's [Motion] Regarding Alleged Mail Interference. On July 22, 2005, Plaintiff filed a notice to the court that "defendants, by and through their friends and associates in the Colorado Department of Corrections, are continuing to interfere with Plaintiff's ability to file pleadings in this matter; and further, have recently increased the degree of interference." [Doc 219] But, none of the state defendants have interfered with, or have the power to interfere with plaintiff's mail. On May 13, 2005, the undersigned filed a status report to the court regarding plaintiff's 1

Case 1:01-cv-02299-PSF-BNB

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Filed 08/10/2005

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complaint of mailing problems from Fremont Correctional Facility. Plaintiff claimed that he was not being permitted to classify mail to the undersigned as "legal mail," and therefore he was not benefitting from the special classification that would allow him to purchase postage at a deficit. In the status report, the undersigned clarified the difference between a legal mail classification and regular mail, and made assurances that mail to the undersigned is designated as legal mail because the undersigned is a special appointee of the attorney general's office. Upon information and belief, Fremont Correctional Facility (FCF) had not rejected any mail to the undersigned as "legal mail" even prior to the status report of May 15, 2005. Plaintiff complains that he has increased restrictions on his mailing ability. Although no State Defendant had knowledge of any mailing restriction, the undersigned investigated plaintiff's claims and determined the following: 1. Mr. Slusher was given a memorandum on June 2, 2005, from FCF Administrative

Officer Sandy Logsdon referencing a account limitation of negative ten dollars for postage. (See Attachment A) 2. On July 21, 2005, plaintiff represented to the court that he attempted to serve the

undersigned with his filings, and that they were rejected by the FCF mail room. [Doc 220] 3. After a review of the legal mail logs for the months of June and July, no mail to

the undersigned has been rejected for insufficient funds or any other reason. (See Attachment B) 4. On August 3, 2005, FCF Administrative Officer Logsdon and Officer Sean Moore

met with plaintiff to discuss the confusion from the June 2, 2005 memorandum. At that time and believing he had met his ten dollar negative balance limit, plaintiff admitted that he had not

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attempted to send legal mail to the undersigned. Plaintiff was told that legal mail would not be rejected by the mail room due to Administrative Regulation 850-14 that defines a $300.00 maximum arrearage amount. 5. On August 3, 2005, Administrative Officer Logsdon followed up the discussion

with a memorandum reiterating that no additional mailing restrictions were placed on the plaintiff. (See Attachment C) WHEREFORE, State Defendants respectfully request that this Court deny plaintiff's motion as no relief is needed, no relief should be granted. Respectfully submitted on August 10, 2005. FARRY and RECTOR, L.L.P. s/ Edward T. Farry Edward T. Farry, Jr. #8273 Attorney for State Defendants 131 South Weber Street Colorado Springs, CO 80903 Phone Number (719) 578-2000 Facsimile Number (719) 578-1794 Original copy signed by Edward T. Farry is on file with Farry and Rector, L.L.P.

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Case 1:01-cv-02299-PSF-BNB

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CERTIFICATE OF SERVICE I hereby certify that on August 10, 2005, a copy of the foregoing RESPONSE TO NOTICE TO COURT REGARDING INTERFERENCE BY DEFENDANTS WHICH CONTINUES AND HAS BEEN INCREASED was electronically filed with the Clerk of Court using CM/ECF system, which will send notification to the following, and served on each of the following at the indicated address by first class U.S. mail, postage prepaid: F. David Slusher DOC #44260 Fremont Correctional Facility P.O. Box 999 Canon City, CO 81215 Kelly R. Moss Original Copy signed by Kelly R. Moss is on file with Farry and Rector, L.L.P.

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