Vreeland v. Raemisch ( 2019 )

FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT September 18, 2019
_________________________________
Elisabeth A. Shumaker
Clerk of Court
DELMART VREELAND; DUSTIN
MCDANIEL; REID VOLLERT; JUSTIN
LOCKE; JOHNNY FRANCO,
Plaintiffs - Appellants,
v. No. 19-1105
(D.C. No. 1:18-CV-02685-LTB)
RICHARD RAEMISCH, Executive (D. Colo.)
Director of CDOC; MARY CARLSON,
CDOC Time Computation Manager;
DIRECTOR OF CDC SEX OFFENDER
TREATMENT AND MONITORING
PROGRAM, (SOTMP); ROBIN
GARRELTS, CDOC/AVCF SOTMP
Program Director; STATE OF
COLORADO SEX OFFENDER
MANAGEMENT BOARD, All Members;
COLORADO STATE PAROLE BOARD,
All Members; DIRECTOR
BEHAVIORAL HEALTH SERVICES,
CDOC; JARED POLIS, Governor State of
Colorado,
Defendants - Appellees.
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before McHUGH, KELLY, and MORITZ, Circuit Judges.**
*
This order and judgment is not binding precedent, except under the doctrines
of law of the case, res judicata, and collateral estoppel. It may be cited, however, for
its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
**
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist in the determination of
_________________________________
Plaintiff-Appellant Delmart Vreeland appeals from an order of the district
court dismissing claims brought pro se pursuant to 42 U.S.C. § 1983.1 Vreeland v.
Raemisch, No. 18-CV-02685-LTB, Order of Dismissal (ECF No. 29) (D. Colo.
Mar. 15, 2019); Aplt. App. 35–54. The district court dismissed Mr. Vreeland’s pro
se second amended complaint pursuant to its screening function and prior to service
on any defendant. 28 U.S.C. §§ 1915A(a), 1915A(b)(1).
Mr. Vreeland asserted several constitutional claims, all related to statutorily
mandated sex offender treatment programs in Colorado detention facilities. Aplt.
App. 14–25; see COLO. REV. STAT. §§ 18-1.3-1001 – 18-1.3-1012. Mr. Vreeland is
an inmate at the Arkansas Valley Correctional Facility in Ordway, Colorado. He
contends that the Defendants’ failure to properly manage treatment programs has,
among other things, resulted in incorrect sentence and parole eligibility date
calculations and prevented prisoners from achieving eligibility for transfer to lower
level facilities.
The district court carefully examined each of Mr. Vreeland’s twelve claims
and dismissed them all as legally frivolous. The court also noted that Mr. Vreeland
repeatedly failed to allege facts showing that defendants personally participated in
asserted constitutional violations, as required by Henry v. Storey, 658 F.3d 1235this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore
ordered submitted without oral argument.
1
Mr. Vreeland initially proceeded pro se. He is now represented by counsel
and the appellate filing fee has been paid.
2
(10th Cir. 2011), despite being advised to do so in an earlier order directing him to
file an amended complaint. See Vreeland, No. 18-CV-02685-LTB, Order Directing
Plaintiff to File Second Amended Complaint (ECF No. 25) (D. Colo. Jan. 23, 2019).
Mr. Vreeland’s brief on appeal is of little assistance in this regard and does not
address the other infirmities the district court observed in his complaint.
We therefore AFFIRM for substantially the reasons given by the district court
in its orders.
Entered for the Court
Paul J. Kelly, Jr.
Circuit Judge
3