United States District Court, N.D. California
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY
JUDGMENT DKT. NO. 43
WILLIAM H. ORRICK UNITED STATES DISTRICT JUDGE
Rudolph Moralez, a pro se state prisoner, claims in this
federal civil rights action that in 2014 Ron Davis, warden of
San Quentin State Prison, excluded him from the prison's
academic programs, thereby violating his rights under the
Americans With Disabilities Act (“ADA”) and the
Rehabilitation Act of 1973. (Dkt. No. 40.) Defendant moves
for summary judgment (Dkt. No. 43). Because Moralez has not
shown evidence that he is or was being excluded from any
prison academic program, or that Davis is responsible for
such an exclusion, or that Davis had discriminatory intent,
defendant's motion is GRANTED.
alleges defendant denied his 2014 request for a one-on-one
tutor because of his disability of dyslexia. (Third Am. Compl.
at 3.) This denial, he alleges, prevented him from passing an
entrance exam to take courses at Coastline
College. (Id. at 3-4.) This is what
plaintiff means by being excluded from the prison's
following factual allegations are undisputed unless noted
otherwise. Moralez was transferred to San Quentin in 2007.
(MSJ at 3.) Prior to this transfer, he earned a high school
diploma and an associate's degree, and had enrolled in a
distance-learning program at Coastline Community College, in
which he was still enrolled after he arrived at the prison.
2013, Coastline placed Moralez on academic probation owing to
his poor grades. (Pl.'s Opp. (“Opp.”), Dkt.
No. 62 at 64; Dkt. No. 63 at 15; MSJ, Noble Decl., Ex. A,
Dkt. No. 44-1 at 33.) This prevented him from enrolling in
Coastline for the 2013-2014 academic year.
August 2013, Moralez told San Quentin's education
department that he had a learning disability. (MSJ at 4.) His
requests for more time to take exams and complete assignments
and for one-on-one assistance were granted. (Id.)
2015, Moralez filed the instant federal civil rights action.
Five days later, he re-enrolled at Coastline. (Id.)
September 2015, Coastline asked San Quentin to allow Moralez
to have extra time to take exams, a request the prison
granted. (Id. at 3-4.)
December 2015, Moralez filed a grievance in which he
requested tutoring, even though he had been eligible to
receive tutoring through the prison's Voluntary Education
Program (“VEP”) since 2008. (Id. at 4.)
Quentin does not itself provide college courses.
(Id. at 5.) Rather, the institution provides access
and facilities to inmates who seek to take college courses.
(Id.) For instance, any general-population inmate
who has a high school diploma (or GED equivalent), such as
Moralez, may apply to and enroll in any
“distance-learning” college. (Id. at 4.)
Also, such general-population inmates may request tutoring or
use the VEP classrooms at any time for study. (Id.)
has been continuously enrolled with VEP since he joined the
program in 2012. (Id. at 4.) He also took courses at
Coastline Community College in the falls of 2007, 2010, 2012,
and 2015, in the springs of 2011, 2012, 2013, and the summer
of 2016. (Id. at 5.) He tried to enroll in the fall
of 2014 and the spring of 2015, but the classes he wanted to
take were full. (Id.)
alleges that he asked for an accommodation in 2014. It
appears, however, that he did not file his first grievance
regarding the alleged denial of his request until the end of
the next year, on December 23, 2015. (Third. Am. Compl. at
1.) His second grievance was not submitted until February 4,
2016. (Id.) He alleges that he filed
“numerous grievances” before these, but they were
“blocked, cancelled, or rejected.” (Id.
at 2.) He cites his “Appendix” as support for
this. However, the “Appendix” is actually a
memorandum of points and authorities in support of his
complaint, which I have been citing as the operative
complaint. There is an exhibit appended to the operative
complaint, but it is of no help to Moralez. It consists of a
photocopy of a few pages ...