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ABEYTA v. CORTESE

Civil Action No. 10-cv-01864-PAB-KLM.

ALBERT ABEYTA, Plaintiff, v. OFFICER MICHAEL CORTESE, Department of Corrections, LIEUTENANT GREGORY HEIDENTHAL, Department of Corrections, and TOM CLEMENTS, Executive Director of the Colorado Department of Corrections, Defendants.

United States District Court, D. Colorado.

July 24, 2012.

Attorney(s) appearing for the Case

Albert Abeyta, Plaintiff, represented by Alison Lee Ruttenberg, Alison L. Ruttenberg, Attorney at Law.

Tom Clements, Executive Director of the Colorado Department of Corrections, Defendant, represented by Patrick L. Sayas, Colorado Attorney General's Office-Tort Litigation.

ORDER

PHILIP A. BRIMMER, District Judge.

This matter is before the Court on defendants' motion for summary judgment [Docket No. 44]. The motion is fully briefed and ripe for disposition.

I. BACKGROUND

Unless otherwise indicated, the following facts are not in dispute. Plaintiff Albert Abeyta is an inmate at the Fremont Correctional Facility ("Fremont") of the Colorado Department of Corrections ("CDOC"). In 2009, plaintiff was incarcerated...

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