Clark Collis
March 25, 2010 AT 12:41 PM EDT

Dennis Hopper’s attorney is alleging that the actor is too ill to be questioned by his wife Victoria’s attorneys in a deposition. The Apocalypse Now star, who has prostate cancer, moved to legally end his marriage in January. AP is reporting that on Wednesday, Hopper’s lawyer filed a declaration that the actor’s grave condition meant he would be unable to participate in a deposition.

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