Legal Opinion

Rivera-Bottzeck v. Ortiz

Colorado Court of Appeals

Decided February 23, 2006No. 04CA1628PublishedCited by 10 opinions

1Opinion of the CourtHawthorne, J.

In this civil action seeking an inmate’s referral to a community corrections program, plaintiff, Otto F. Rivera-Bottzeck, appeals the judgment dismissing, pursuant to C.R.C.P. 12(b)(5), his complaint against defendants, Joseph Ortiz, Executive Director of the Colorado Department of Corrections (DOC), and other DOC personnel. We affirm.

While he was incarcerated, Rivera-Bott-zeck filed a complaint against DOC personnel, alleging that they abused their discretion and exceeded their authority by failing to refer him for placement in a community corrections program and by enacting administrative…

2Cases cited15 opinions

  1. Meachum v. FanoSupreme Court of the United States · 1976
  2. Moody v. DaggettSupreme Court of the United States · 1976
  3. United States v. MauroSupreme Court of the United States · 1978
  4. Bertrand v. Board of County Commissioners of Park CountySupreme Court of Colorado · 1994
  5. People v. MoodySupreme Court of Colorado · 1984

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3Cited by10 opinions

  1. Brodak v. ViscontiColorado Court of Appeals · 2007
  2. Sierra Club v. BillingsleyColorado Court of Appeals · 2007
  3. People in the Interest of J.O.Colorado Court of Appeals · 2015
  4. Reeves v. Colorado Department of CorrectionsColorado Court of Appeals · 2007
  5. Shupe v. BOULDER COUNTYColorado Court of Appeals · 2010

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