Shores v. Williams

── Shores v. Williams ── Court: Court of Appeals for the Tenth Circuit Date: April 29, 2026 Category: General Appellate Case: 24-1345 Document: 17 Date Filed: 04/29/2026 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit April 29, 2026 FOR THE TENTH CIRCUIT Christopher M. Wolpert _________________________________ Clerk of Court DONALD RAY SHORES, Plaintiff - Appellant, v. No. 24-1345 (D.C. No. 1:23-CV-02540-LTB-SBP) DEAN WILLIAMS, CDOC Exec. (D. Colo.) Director; CORE CIVICS AMERICA, (CCA); JOHN DOE, Exec. Director of CCA; BENT COUNTY CORRECTIONAL FACILITY MEDICAL CONTRACTOR; SUSAN LNU, Medical Admin, BCCF; JERRY MCCREAVEY, P.A. Care Provider, BCCF; A. MCCREAVEY, P.A. Care Provider, BCCF; JOHN OR JANE DOE, Medical, BCCF; C.O. HARMONN, C.O., BCCF; JENNIFER HANSEN, Warden, CTCF; JOHN DOE, CTCF Medical Admin; NATHAN BENNION, P.A. Care Provider, CTCF; AMY, Nurse, CTCF; SIOBHAN BURTLOW, Warden, Fremont Correctional Facility; CHRISTINE GENNETTA, Health Services Administrator, FCF, and/or FCF Grievance Coordinator; NEIL BOURJAILY, P.A. Care Provider, CTCF; JANE DOES, FCF Medical Dept. Nurses; WARNER, Major, FCF; LUNDONBERG, Capt., FCF; SMITH, Capt., FCF; ARCHULETA, FCF Lt; KATHRYN REED, FCF Grievance Coordinator; PAMELA DANG, FCF Grievance Responder; MICHELLE AGUILAR, FCF Grievance Coordinator; ANTHONY DECESARO,  Appellate Case: 24-1345 Document: 17 Date Filed: 04/29/2026 Page: 2 FCF Grievance Coordinator; KARYN LOVERN, FCF Law Library Clerk; DUANE LEROUX, Medical Staff, BCCF, Defendants - Appellees. _________________________________ ORDER AND JUDGMENT * _________________________________ Before BACHARACH, CARSON, and ROSSMAN, Circuit Judges. _________________________________ Donald Ray Shores is an inmate in the custody of the Colorado Department of Corrections (CDOC). He filed a pro se complaint in federal district court bringing claims under 42 U.S.C. § 1983 against prison officials and medical providers. After once ordering Mr. Shores to amend his complaint, which he did, the court then dismissed all claims alleged in his amended complaint without allowing further amendment. Mr. Shores, still proceeding pro se, timely appealed. We have jurisdiction under 28 U.S.C. § 1291 and reverse the dismissal of Mr. Shores’s claims, except against two entity defendants. As we explain below, the district court erred by not * After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. 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. 2  Appellate Case: 24-1345 Document: 17 Date Filed: 04/29/2026 Page: 3 addressing whether it would be futile to allow Mr. Shores another opportunity to amend his complaint. I. Background A. Factual Allegations 1 On February 5, 2021, while incarcerated at Bent County Correctional Facility (BCCF), Mr. Shores fell on his head, knocking hims