Opinion
No. 3-00-CV-0900-BD
October 28, 2002
ORDER
Defendants Steven P. Bowers, Mary Boyd, Larry Christman, Darryl Sellars, Sheriff Jim Bowles, and Dallas County, Texas have filed a motion for summary judgment in this prisoner civil rights action brought under 42 U.S.C. § 1983 and Title II of the Americans With Disabilities Act ("ADA"), 42 U.S.C. § 12132. As grounds for their motion, defendants contend that there is no evidence plaintiff was denied adequate medical care while incarcerated in the Dallas County Jail or that his rights under the ADA or the Rehabilitation Act were violated. Alternatively, the individual defendants seek summary judgment on their qualified immunity defense.
Plaintiff shall file a written response to the motion by December 2, 2002. The response must be accompanied by a brief not to exceed 30 pages in length. See LR 56.5(b) (as modified). Any affidavits, depositions, written discovery materials, or other summary judgment evidence must be included in a separate appendix. The appendix shall be numbered sequentially from the first page through the last, and include an index of all documents contained therein. An envelope that contains a non-documentary or oversized exhibit must be numbered as if it were a single page. See LR 56.6(b). Defendants may file a reply brief, but no additional evidence, by December 17: 2002. The reply shall not exceed 15 pages in length. See LR 56.5(b) (as modified). No supplemental pleadings, briefs, or summary judgment evidence will be allowed without leave of court. See LR56.7.
The summary judgment motion will be decided without oral argument on the written submissions of the parties.