Marshall v. Wyoming Department of Corrections, 112514 FED10, 14-8033

Docket Nº:14-8033
Opinion Judge:STEPHEN H. ANDERSON CIRCUIT JUDGE
Party Name:ROBERT OWEN MARSHALL, III, Plaintiff - Appellant, v. WYOMING DEPARTMENT OF CORRECTIONS; PRISON HEALTH SERVICES, INC./CORIZON HEALTH; ROBERT O. LAMPERT; STEVE LINDLEY; BRIAN FARMER; DAN SHANNON; JOHN ORDIWAY; SAM BORBELY; DEBBIE LEONARD; EDDIE WILSON; TODD MARTIN; MICHAEL J. MURPHY; RUBY ZIEGLER; JANELL THAYER; KYA GALLO; MELODY NORRIS; SHAWNA RETTI
Judge Panel:Before KELLY, ANDERSON, and TYMKOVICH, Circuit Judges.
Case Date:November 25, 2014
Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit
 
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ROBERT OWEN MARSHALL, III, Plaintiff - Appellant,

v.

WYOMING DEPARTMENT OF CORRECTIONS; PRISON HEALTH SERVICES, INC./CORIZON HEALTH; ROBERT O. LAMPERT; STEVE LINDLEY; BRIAN FARMER; DAN SHANNON; JOHN ORDIWAY; SAM BORBELY; DEBBIE LEONARD; EDDIE WILSON; TODD MARTIN; MICHAEL J. MURPHY; RUBY ZIEGLER; JANELL THAYER; KYA GALLO; MELODY NORRIS; SHAWNA RETTINGHOUSE; KATHY LONG; CARRIE CARUTHERS; BURT PRINDLE; JASON WADSWORTH; JAMES VALLIERE; JASON MAY; JAY OWREN; DENNIS JONES; KRISTY BROOKS; PAM NICHOLS; VICKI SMITH; DAN PILLON; STEVE HARGETT; MICHAEL DAVID; RICHARD LORENZ; JOHN MARTIN; ROBERT CUSTARD; ROB BRANHAM; SHAWN SITZMAN; CURTIS MOFFAT; AMBER DAVISON; BARBARA TUTTLE; HEATHER BERGLUND; MARLENA MILLER; NEICOLE MOLDEN; KONNE RIFE; JOHN COYLE, M.D.; ANNE CYBULSKI-SANDLIAN; SAMUEL KURT JOHNSON, M.D.; JEFF SHAHAN; SHIRLEY HALEY; LESLIE BRIGGS, RN; ROBERT BYRD, DDS; JACQUIE PROBST, RN; DANIEL M.FETSCO; MELVIN HAMILTON; WYOMING BOARD OF PAROLE; JAMES F. WIESBECK; PATRICK ANDERSON; RICHARD HALLWORTH; ANTONIO ESCAMILLA; CONSOLIDATED DEFENDANTS PRISON HEALTH SERVICES/CORIZON HEALTH EMPLOYEES, in their individual and official capacities; CONSOLIDATED DEFENDANTS WYOMING DEPARTMENT OF CORRECTIONS EMPLOYEES, in their individual and official capacities, Defendants-Appellees.

No. 14-8033

United States Court of Appeals, Tenth Circuit

November 25, 2014

D.C. No. 1:12-CV-00175-SWS D. Wyo.

Before KELLY, ANDERSON, and TYMKOVICH, Circuit Judges.

ORDER AND JUDGMENT [*]

STEPHEN H. ANDERSON CIRCUIT JUDGE

Robert Owen Marshall, III, proceeding pro se, appeals from the district court's judgment for defendants in his prisoner civil rights suit. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm the disposition of most of the claims, but we vacate the judgment in favor of certain defendants on the First Amendment portions of claims 1 and 2 and remand for further proceedings.

Background & Discussion

Between 2008 and 2012, Mr. Marshall was imprisoned in various Wyoming correctional institutions where Corizon Health, Inc. was contracted to provide medical services. He brought claims against numerous defendants under 42 U.S.C. §§ 1983 and 1985; the Religious Land Use and Institutionalized Persons Act (RLUIPA); the Americans with Disabilities Act (ADA); and the Rehabilitation Act of 1973 (RA). Because he had been released from prison before filing his complaint, he sought only money damages.

In thorough and detailed orders, the district court granted judgment on the pleadings under Fed.R.Civ.P. 12(c) to the prison system and its officials (the State Defendants) and summary judgment to Corizon and its employees (the Medical Defendants). We review both decisions de novo. Barber ex rel. Barber v. Colo. Dep't of Revenue, 562 F.3d 1222, 1227 (10th Cir. 2009) (summary judgment); Ctr. for Legal Advocacy v. Hammons, 323 F.3d 1262, 1265 (10th Cir. 2003) (judgment on the pleadings). We have considered only those claims addressed in the opening brief, 1 as any issue not raised or not briefed adequately in an appellant's opening brief is waived. See Toevs v. Reid, 685 F.3d 903, 911 (10th Cir. 2012).

1. Generally Applicable Arguments

Mr. Marshall initially makes two general arguments. He first asserts that in light...

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