Bullock

ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

Defendants’ motion for summary judgment came on regularly for hearing on May 6, 1996. Having carefully considered the papers submitted and oral argument of counsel, the Court hereby DENIES defendants’ motion for summary judgment.

II.PROCEDURAL BACKGROUND

On October 4, 1995, plaintiffs Grady and Sherry Bullock filed the instant complaint alleging that Mr. Bullock has been denied the right to participate in the California Department of Corrections’ (“CDC”) family visiting program with his wife due to his medical condition in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12132 , and Section 504 of the Rehabilitation Act of 1973 (“Rehabilitation Act”), 29 U.S.C. § 794 . Plaintiffs seek declaratory and injunctive relief under 28 U.S.C. §§ 1343 , 2201, and 2202, 29 U.S.C. § 794 (a), and 42 U.S.C. § 12117 (a). The Court has jurisdiction under 28 U.S.C. §§ 1331 and 1343.

Currently before the Court is defendants’ motion for summary judgment. Defendants base their motion on the grounds that: (1) plaintiffs have failed to state a cause of action pursuant to 42 U.S.C. § 1983 (Defs.’ Conclusions…