Case: American Friends Serv. Comm. v. City and County of Denver

1:02-cv-00740 | U.S. District Court for the District of Colorado

Filed Date: March 28, 2002

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On March 28, 2002, the plaintiffs, the American Friends Service Committee, along with the ACLU and other activist organizations, filed a class action lawsuit under 42 U.S.C. § 1983, and under federal regulations in the United States Court for the District of Colorado, Denver Division against the City and County of Denver. The plaintiff, represented by the ACLU and private counsel, asked the court for injunctive and declaratory relief, claiming that their First and Fourteenth Amendment rights h…

On March 28, 2002, the plaintiffs, the American Friends Service Committee, along with the ACLU and other activist organizations, filed a class action lawsuit under 42 U.S.C. § 1983, and under federal regulations in the United States Court for the District of Colorado, Denver Division against the City and County of Denver. The plaintiff, represented by the ACLU and private counsel, asked the court for injunctive and declaratory relief, claiming that their First and Fourteenth Amendment rights had been violated, as well as violations of federal regulations and the state constitution. Specifically, the plaintiffs claimed that the maintenance of "Spy Files" on leftist groups in Colorado for lawful, peaceful, non-criminal activities and falsely labeling the groups "criminal extremist" was a violation of the constitutional rights of its members to petition the government for redress of grievances, the freedom of association, and a misappropriation of federal funds in electronically storing this information.

On March 11, 2002, the ACLU published the partial contents of leaked "Spy Files" that the Denver police had been maintaining on several organizations and individuals. The ACLU petitioned the Mayor of Denver to investigate take four specific actions to stem the dissemination and expunge the Spy Files. The Mayor held a news conference in which he claimed that the Spy Files resulted from an overly broad interpretation of the City's policy on the maintenance of criminal intelligence.

The city's policy mirrored a federal regulation (28 C.F.R § 23.20) that prohibited the police from maintaining criminal intelligence electronic records that would violate citizens' constitutional rights, absent (1) a direct relationship to criminal conduct, and (2) a reasonable suspicion that the individual is involved in criminal activity.

The disclosed records detailed the protest activities of individuals not only in Colorado, but lists of protest and political beliefs of persons from outside the state. The Spy Files also labeled several organizations as criminal extremists (notably including the American Friends Service Committee, which was awarded the Nobel Peace Prize in 1947). The plaintiffs alleged that this information was false, that the organizations were not criminally extremist, and that there were statements of the political beliefs of the members that the City had misconstrued were defamatory. Most importantly, the plaintiffs claimed that criminal intelligence files were being maintained on them for lawful activity that was not connected to criminal conduct.

Defendantes moved and were permitted to remove the case to the United State District Court for the District of Coloradoon April 16, 2002. Thereafter, the defendants filed a motion to dismiss for lack of jurisdiction, which was denied by the Court (Magistrate Judge Craig Shaffer) on October 17, 2002.

On April 17, 2003, the case was settled without class certification being determined. In the settlement agreement, the City of Denver agreed to adopt a more specific and detailed policy (included in the Clearinghouse collection as Appendix to Settlement Agreement), and to review and purge all criminal intelligence files in violation of the new policy. The city also agreed to furnish copies to all individuals and organizations on which the city maintained criminal intelligence files. Lastly, the city agreed to contact entities to which it had distributed copies of the criminal intelligence files and notify them of the purge. Compliance of the agreement was subject to an audit for a two-year period.

On August 05, 2004, the Court (Judge Edward Nottingham) ordered that the City pay the plaintiffs attorney's fees in the amount of $469,018.63. The case was dismissed with prejudice thereafter.

Summary Authors

Blase Kearney (7/9/2012)

People


Judge(s)

Nottingham, Edward Willis Jr. (Colorado)

Shaffer, Craig B. (Colorado)

Attorneys(s) for Plaintiff

Lipinsky de Orlov, Lino S. (Colorado)

Silverstein, Mark (Colorado)

Attorneys(s) for Defendant

Matise, Brian Keith (Colorado)

Rice, Thomas Sullivan (Colorado)

Sharoff, Stan M (Colorado)

Judge(s)

Nottingham, Edward Willis Jr. (Colorado)

Shaffer, Craig B. (Colorado)

Attorneys(s) for Plaintiff

Lipinsky de Orlov, Lino S. (Colorado)

Silverstein, Mark (Colorado)

Attorneys(s) for Defendant

Matise, Brian Keith (Colorado)

Rice, Thomas Sullivan (Colorado)

Sharoff, Stan M (Colorado)

Documents in the Clearinghouse

Document

1:02-cv-00740

Docket [PACER]

Nov. 5, 2004

Nov. 5, 2004

Docket

02-cv-02993

Class Action Complaint

March 28, 2002

March 28, 2002

Complaint

1:02-cv-00740

Appendix to Settlement Agreement

April 17, 2003

April 17, 2003

Settlement Agreement

1:02-cv-00740

Settlement Agreement

April 17, 2003

April 17, 2003

Settlement Agreement

Resources

Docket

Last updated Aug. 7, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from Denver Cty Dist Ct Case Number: 02CV2993 (bpm) (Entered: 04/17/2002)

April 16, 2002

April 16, 2002

COMPLAINT (bpm) (Entered: 04/17/2002)

April 16, 2002

April 16, 2002

3

ORDER R16,stat,stlmt,pt,pto Case referred to Magistrate Judge Craig B. Shaffer &General Case Management Order by Judge Edward W. Nottingham; disp motions ddl 12/16/02 (cc: to counsel) (pap) (Entered: 04/18/2002)

April 18, 2002

April 18, 2002

4

ATTORNEY APPEARANCE for plaintiffs by Mark Silverstein (pap) (Entered: 04/29/2002)

April 29, 2002

April 29, 2002

5

MOTION by defendant City &Cnty of Denvr to dismiss for lack of jurisdiction (pap) (Entered: 05/08/2002)

May 7, 2002

May 7, 2002

6

ORDER FOR RULE 16 CONFERENCE by Magistrate Judge Craig B. Shaffer ; Rule 16 conference set for 10:30 7/8/02; proposed scheduling order and confidential settlement statements are due on or before 7/1/02 (cc: all counsel) (pap) (Entered: 05/09/2002)

May 9, 2002

May 9, 2002

7

ATTORNEY APPEARANCE for defendant City &Cnty of Denvr by Stanley M. Sharoff (pap) (Entered: 05/10/2002)

May 9, 2002

May 9, 2002

8

Unopposed MOTION by plaintiffs for extension of time to respond to dft's motion to dismiss (pap) (Entered: 05/23/2002)

May 22, 2002

May 22, 2002

9

NOTICE of related case by plaintiffs (pap) (Entered: 06/05/2002)

June 4, 2002

June 4, 2002

10

RESPONSE by defendant to notice of related case [9−1] (pap) (Entered: 06/10/2002)

June 7, 2002

June 7, 2002

11

RESPONSE by plaintiffs to motion to dismiss for lack of jurisdiction [5−1] (pap) (Entered: 06/12/2002)

June 11, 2002

June 11, 2002

12

REPLY by plaintiffs to response [10−1] to notice of related case (pap) (Entered: 06/18/2002)

June 17, 2002

June 17, 2002

13

REPLY Brief by defendant City &Cnty of Denvr in support of motion to dismiss for lack of jurisdiction [5−1] (pap) (Entered: 07/01/2002)

June 28, 2002

June 28, 2002

14

COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer ; rule 16 conf held on 7/8/02 ; discovery ddl set 11/14/02 ; settlement conf set for 9:30 9/10/02 ; preliminary pretrial/status conf set for 9:30 9/30/02 ; confidential settlement statements due on or before 9/4/02; estimated 10 day court trial ; entry date : 7/9/02 Court Reporter: CBS Civil Tape 2002−126 (pap) (Entered: 07/09/2002)

July 8, 2002

July 8, 2002

15

SCHEDULING ORDER Magistrate Judge Craig B. Shaffer; confidential settlement statements due on or before 9/4/02 (cc: all counsel) (pap) (Entered: 07/10/2002)

July 9, 2002

July 9, 2002

16

ORDER by Magistrate Judge Craig B. Shaffer entering Stipulation and Protective Order submitted 7/8/02 (cc: all counsel) ; entry date : 7/15/02 (pap) (Entered: 07/15/2002)

July 12, 2002

July 12, 2002

17

Stipulation and PROTECTIVE ORDER by Magistrate Judge Craig B. Shaffer : concerning the treatment of confidential information (cc: all counsel) (pap) (Entered: 07/15/2002)

July 12, 2002

July 12, 2002

18

Stipulated (MOTION) by plaintiffs and defendant for extension of time to respond to first set of discovery until on or before 8/12/02 (pap) (Entered: 07/30/2002)

July 29, 2002

July 29, 2002

19

MOTION by plaintiffs to modify (amend) scheduling order [15−1] and for status conf (pap) (Entered: 08/15/2002)

Aug. 14, 2002

Aug. 14, 2002

20

MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Craig B. Shaffer the motion to modify (amend) scheduling order [15−1] and for status conf [19−1] (pap) (Entered: 08/16/2002)

Aug. 15, 2002

Aug. 15, 2002

21

MINUTE ORDER : by Magistrate Judge Craig B. Shaffer setting hearing on motion to modify (amend) scheduling order [15−1] and for status conf [19−1] 4:00 8/28/02 (cc: all counsel) ; entry date : 8/19/02 (pap) (Entered: 08/19/2002)

Aug. 16, 2002

Aug. 16, 2002

23

COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer telephone status conf held 8/27/02 ; Court will review the 22 files in camera; parties shall file a written stipulation outlining the agreement re: the 22 files in question entry date : 8/27/02 Court Reporter: Tape No 2002−155 (pap) (Entered: 08/27/2002)

Aug. 27, 2002

Aug. 27, 2002

24

COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer ; granting motion to modify (amend) scheduling order [15−1] and for status conf [19−1] ; discovery ddl reset 11/27/02 ; telephone conf set for 8/29/02 11:30; entry date : 8/30/02 Court Reporter: CBS Civil Tape 2002−157 &158 (pap) (Entered: 08/30/2002)

Aug. 27, 2002

Aug. 27, 2002

25

MINUTE ORDER : by Magistrate Judge Craig B. Shaffer ; telephonic status /mag conference set for 8:30 9/6/02 (cc: all counsel) ; entry date : 9/5/02 (pap) (Entered: 09/05/2002)

Sept. 4, 2002

Sept. 4, 2002

26

ORDER by Magistrate Judge Craig B. Shaffer regarding [0−1] complaint; the materials submitted for in camera review shall remain under seal pending disposition of this case (cc: all counsel) ; entry date : 9/5/02 (pap) (Entered: 09/05/2002)

Sept. 4, 2002

Sept. 4, 2002

27

COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer ; telephonic status/discovery conference held 9/6/02 ; preliminary pretrial/status conf vacated and reset for 9:30 10/23/02 ; entry date : 9/9/02 Court Reporter: Tape CBS CV 2002−164 (pap) (Entered: 09/09/2002)

Sept. 6, 2002

Sept. 6, 2002

28

MINUTE ORDER : by Magistrate Judge Craig B. Shaffer pretrial conf vacated and reset for 9:30 10/23/02; settlement conf set for 9/10/02 9:30 (cc: all counsel) ; entry date : 9/11/02 (pap) (Entered: 09/11/2002)

Sept. 10, 2002

Sept. 10, 2002

29

MINUTE ORDER : by Magistrate Judge Craig B. Shaffer; parties' updated confidential settlement statements are due on or before 9/20/02 (cc: all counsel) ; entry date : 9/11/02 (pap) (Entered: 09/11/2002)

Sept. 11, 2002

Sept. 11, 2002

30

Unopposed MOTION by plaintiffs for 45 day enlargement of time for pre−trial deadlines (pap) (Entered: 09/20/2002)

Sept. 19, 2002

Sept. 19, 2002

31

MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Craig B. Shaffer the motion for 45 day enlargement of time for pre−trial deadlines [30−1] (lam) (Entered: 09/23/2002)

Sept. 20, 2002

Sept. 20, 2002

32

RESPONSE by defendant City &Cnty of Denver to Pla's Unopposed motion for 45 day enlargement of time for pre−trial deadlines [30−1] (erv) (Entered: 09/30/2002)

Sept. 27, 2002

Sept. 27, 2002

33

NOTICE of Change of address of firm of McKenna Long &Aldridge by plaintiffs (gms) (Entered: 10/07/2002)

Oct. 4, 2002

Oct. 4, 2002

34

MINUTE ORDER : by Magistrate Judge Craig B. Shaffer ; settlement conf reset for 3:30 10/17/02 ; confidential settlement statements are due on or before 10/14/02 (cc: all counsel) ; entry date : 10/10/02 (pap) (Entered: 10/10/2002)

Oct. 9, 2002

Oct. 9, 2002

35

MOTION by defendant for protective order (pap) (Entered: 10/18/2002)

Oct. 16, 2002

Oct. 16, 2002

36

ORDER by Judge Edward W. Nottingham granting motion for 45 day enlargement of time for pre−trial deadlines [30−1]; all pre−trial ddls are extended 45 days ; discovery ddl set 1/13/03 ; disp mtn ddl set 1/30/02 (cc: all counsel) ; entry date : 10/18/02 (pap) (Entered: 10/18/2002)

Oct. 16, 2002

Oct. 16, 2002

37

MOTION by plaintiff for protective order (pap) (Entered: 10/18/2002)

Oct. 16, 2002

Oct. 16, 2002

38

MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Craig B. Shaffer the motion for protective order [37−1], referring to Magistrate Judge Craig B. Shaffer the motion for protective order [35−1] (pap) (Entered: 10/22/2002)

Oct. 17, 2002

Oct. 17, 2002

39

MINUTE ORDER : by Magistrate Judge Craig B. Shaffer all briefings are STAYED regarding [37−1] motion for protective order, regarding [35−1] motion for protective order (cc: all counsel) ; entry date : 10/22/02 (pap) (Entered: 10/22/2002)

Oct. 18, 2002

Oct. 18, 2002

41

ORDER by Judge Edward W. Nottingham granting motion for 45 day enlargement of time for pre−trial deadlines [30−1] ; disp mtn ddl reset 2/1/03 (cc: all counsel) ; entry date : 10/22/02 (pap) (Entered: 10/22/2002)

Oct. 21, 2002

Oct. 21, 2002

42

MOTION by plaintiffs for enlargement of time to respond to discovery requests up to and 12/2/02 (pap) (Entered: 11/01/2002)

Nov. 1, 2002

Nov. 1, 2002

43

ANSWER by defendant to complaint [0−1]; jury demand (pap) (Entered: 11/01/2002)

Nov. 1, 2002

Nov. 1, 2002

44

MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Craig B. Shaffer the motion for enlargement of time to respond to discovery requests up to and 12/2/02 [42−1] (pap) (Entered: 11/05/2002)

Nov. 4, 2002

Nov. 4, 2002

45

RESPONSE by defendant City &Cnty of Denvr to plas' motion for enlargement of time to respond to discovery requests up to and 12/2/02 [42−1] (pap) (Entered: 11/08/2002)

Nov. 7, 2002

Nov. 7, 2002

46

COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer ; Telephonic Hearing; Discovery Dispute continued until 11/15/02 3:00 entry date : 11/13/02 Court Reporter: Tape CBS CIV 2002−206 (pap) (Entered: 11/13/2002)

Nov. 12, 2002

Nov. 12, 2002

47

Amended COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer ; discovery dispute hrg/mag conference continued until 3:00 11/15/02 ; entry date : 11/14/02 Court Reporter: Tape CBS Civ #2002−206 (pap) (Entered: 11/14/2002)

Nov. 12, 2002

Nov. 12, 2002

48

REPLY by plaintiffs to dft's response to motion for enlargement of time to respond to discovery requests up to and 12/2/02 [42−1] (pap) (Entered: 11/14/2002)

Nov. 13, 2002

Nov. 13, 2002

49

MOTION by plaintiffs for enlargement of time (45 days) for joinder of parties and amendment of pleadings, for designation of plas' expert witnesses, and for other pretrial ddls (pap) (Entered: 11/15/2002)

Nov. 14, 2002

Nov. 14, 2002

50

MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Craig B. Shaffer the motion for enlargement of time (45 days) for joinder of parties and amendment of pleadings, for designation of plas' expert witnesses, and for other pretrial ddls [49−1] (pap) (Entered: 11/18/2002)

Nov. 15, 2002

Nov. 15, 2002

51

COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer denying w/o prejudice motion for enlargement of time to respond to discovery requests up to and 12/2/02 [42−1], granting motion for protective order [35−1], [37−1] motion for protective order is held, dft shall provide answers to non−objectionable interrogatories and requests of production by 11/22/02, any response brief is due on 11/27/02; entry date : 11/19/02 Court Reporter: Tape 02−202B−02−203B (pap) (Entered: 11/19/2002)

Nov. 15, 2002

Nov. 15, 2002

52

MINUTE ORDER : by Magistrate Judge Craig B. Shaffer granting motion for enlargement of time (45 days) for joinder of parties and amendment of pleadings, for designation of plas' expert witnesses, and for other pretrial ddls [49−1], granting motion for protective order , dft response is due on or before 11/22/02, pla may reply on or before 11/27/02; as to request not subject to Protective Order pla shall respond on or before 11/22/02 [37−1] denying motion for enlargement of time to respond to discovery requests up to and 12/2/02 [42−1] ; discovery ddl set 3/3/03 ; mag conference held 11/15/02 (cc: all counsel) ; entry date : 11/20/02 (pap) (Entered: 11/20/2002)

Nov. 19, 2002

Nov. 19, 2002

56

MOTION by Luis Velez, Chief of the Colorado Springs Police Department to quash subpoena duces tecum (pap) (Entered: 11/25/2002)

Nov. 21, 2002

Nov. 21, 2002

57

MOTION by Jefferson Cty SO to quash subpoena duces tecum , and for protective order , and for extension of time to complete the review process until 12/13/02 (pap) (Entered: 11/25/2002)

Nov. 21, 2002

Nov. 21, 2002

53

RESPONSE by defendant City &Cnty of Denvr to plas' motion for protective order [37−1] (pap) (Entered: 11/25/2002)

Nov. 22, 2002

Nov. 22, 2002

55

MOTION by Golden Police Dept to quash subpoena duces tecum (pap) (Entered: 11/25/2002)

Nov. 22, 2002

Nov. 22, 2002

58

MOTION by Arvada, City of to quash subpoena to produce issued to the Arvada Police Department and certification of compliance with LR 7.1(A) (pap) (Entered: 11/26/2002)

Nov. 22, 2002

Nov. 22, 2002

60

MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Craig B. Shaffer the motion to quash subpoena duces tecum [54−1] (pap) (Entered: 11/26/2002)

Nov. 22, 2002

Nov. 22, 2002

62

MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Craig B. Shaffer the motion to quash subpoena duces tecum [57−1] (pap) (Entered: 11/27/2002)

Nov. 22, 2002

Nov. 22, 2002

59

RESPONSE by defendant City &Cnty of Denvr to plas' motion for enlargement of time (45 days) for joinder of parties and amendment of pleadings, for designation of plas' expert witnesses, and for other pretrial ddls [49−1] (pap) (Entered: 11/26/2002)

Nov. 25, 2002

Nov. 25, 2002

61

MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Craig B. Shaffer the motion to quash subpoena to produce issued to the Arvada Police Department [58−1], referring to Magistrate Judge Craig B. Shaffer the motion to quash subpoena duces tecum [55−1] (pap) (Entered: 11/27/2002)

Nov. 25, 2002

Nov. 25, 2002

63

REPLY by plaintiffs in support of their motion for protective order [37−1] (pap) (Entered: 12/02/2002)

Nov. 27, 2002

Nov. 27, 2002

64

EXHIBIT E and F by plaintiff American Friends Svc, plaintiff Antonia Anthony, plaintiff End Pol Cruelty, plaintiff Chiapas Coalition, plaintiff Stephen Nash, plaintiff Vicki Nash to motion reply [63−1] (Filed under seal and stored with sealed documents) (pap) Modified on 05/27/2003 (Entered: 12/02/2002)

Nov. 27, 2002

Nov. 27, 2002

65

Unopposed MOTION by plaintiff for extension of time to file response to motions to quash up to and including 12/16/02 (pap) (Entered: 12/11/2002)

Dec. 10, 2002

Dec. 10, 2002

66

COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer ; Motions Hearing, Plas' answer to interrogatories and request for production on or before 12/24/02 entry date : 12/12/02 Court Reporter: CBS Civil Tape 2002−217 &218 (pap) (Entered: 12/12/2002)

Dec. 10, 2002

Dec. 10, 2002

67

MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Craig B. Shaffer the motion for extension of time to file response to motions to quash up to and including 12/16/02 [65−1] (pap) (Entered: 12/12/2002)

Dec. 11, 2002

Dec. 11, 2002

68

MOTION by plaintiffs for protective order re: identities of nonparties (pap) (Entered: 12/16/2002)

Dec. 13, 2002

Dec. 13, 2002

69

MINUTE ORDER : by Magistrate Judge Craig B. Shaffer granting motion for extension of time to file response to motions to quash up to and including 12/16/02 [65−1], setting hearing on motion to quash subpoena duces tecum [57−1] 1:30 12/19/02, setting hearing on motion for protective order [57−2] 1:30 12/19/02, setting hearing on motion for extension of time to complete the review process until 12/13/02 [57−3] 1:30 12/19/02, setting hearing on motion to quash subpoena duces tecum [56−1] 1:30 12/19/02, setting hearing on motion to quash subpoena duces tecum [54−1] 1:30 12/19/02, setting hearing on motion to quash subpoena to produce issued to the Arvada Police Department [58−1] 1:30 12/19/02, setting hearing on motion to quash subpoena duces tecum [55−1] 1:30 12/19/02 (cc: all counsel) ; entry date : 12/16/02 (pap) (Entered: 12/16/2002)

Dec. 13, 2002

Dec. 13, 2002

70

BRIEF by plaintiff in opposition to motion to quash subpoena duces tecum [56−1], motion to quash subpoena to produce issued to the Arvada Police Department [58−1], motion to quash subpoena duces tecum [55−1], motion to quash subpoena duces tecum [54−1], motion to quash subpoena duces tecum [57−1] (Filed under seal and stored with sealed documents) (pap) (Entered: 12/17/2002)

Dec. 16, 2002

Dec. 16, 2002

72

MOTION by plaintiffs for 60 day enlargement of time for pretrial deadlines (filed under seal and stored with sealed documents) (pap) Modified on 12/18/2002 (Entered: 12/18/2002)

Dec. 17, 2002

Dec. 17, 2002

73

MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Craig B. Shaffer the motion for 60 day enlargement of time for pretrial deadlines [72−1] (pap) (Entered: 12/18/2002)

Dec. 17, 2002

Dec. 17, 2002

74

REPLY brief by defendant City &Cnty of Denvr to plas' brief in opposition to motion to quash subpoena duces tecum [56−1], motion to subpoena duces tecum [57−1], motion to quash subpoena duces tecum [54−1], motion to quash subpoena duces tecum [55−1], motion to quash subpoena to produce issued to the Arvada Police Department [58−1] (pap) (Entered: 12/19/2002)

Dec. 19, 2002

Dec. 19, 2002

75

COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer taking under advisement on the motion to quash subpoena duces tecum [54−1], taking under advisement on the motion to quash subpoena duces tecum [55−1], taking under advisement on the motion to quash subpoena duces tecum [56−1], taking under advisement on the motion to quash subpoena duces tecum [57−1], motion for protective order [57−2] ; motion hearing held at 1:30 12/19/02, motion for extension of time to complete the review process until 12/13/02 [57−3] ; motion hearing held at 1:30 12/19/02, taking under advisement on the motion to quash subpoena to produce issued to the Arvada Police Department [58−1]; non parties shall file reply briefs on or before 1/3/03; plas and dft shall file any responses on or before 1/10/03 ; entry date : 12/26/02 Court Reporter: CBS Civil Tape 2002−221−222−223 (pap) (Entered: 12/26/2002)

Dec. 19, 2002

Dec. 19, 2002

77

TRANSCRIPT of Motions Hearing on 12/10/02 before Magistrate Judge Shaffer ( pages: 1−58) Prepared By: Shirley J. Woods (certified copy) (pap) (Entered: 12/30/2002)

Dec. 23, 2002

Dec. 23, 2002

76

MOTION by Denver Post Corp The to intervene for the limited purpose of challenging dft's designation of certain discovery materials as "Confidential Information" (pap) (Entered: 12/27/2002)

Dec. 26, 2002

Dec. 26, 2002

78

MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Craig B. Shaffer the motion to intervene for the limited purpose of challenging dft's designation of certain discovery materials as "Confidential Information" [76−1] (pap) (Entered: 12/30/2002)

Dec. 27, 2002

Dec. 27, 2002

79

ORDER by Judge Edward W. Nottingham regarding [72−1] motion for 60 day enlargement of time for pretrial deadlines ; disp mtn ddl 2/1/03 vacated; joint status report ddl set for 4/30/03 referring to Magistrate Judge Craig B. Shaffer all other aspects of motion for 60 day enlargement of time for pretrial deadlines [72−1] (cc: all counsel) ; entry date : 1/6/03 (pap) (Entered: 01/06/2003)

Jan. 3, 2003

Jan. 3, 2003

83

COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer ; discovery ddl 3/7/03 vacated; status conf set for 10:30 1/10/03 ; All depositions must be completed by 4/11/03 and all written discovery to be completed by 3/7/03 ; entry date : 1/10/03 Court Reporter: Tape CBS CV 2003−2 &3 (pap) (Entered: 01/10/2003)

Jan. 3, 2003

Jan. 3, 2003

80

RESPONSE by defendant City &Cnty of Denvr to plas' motion for protective order re: identities of nonparties [68−1] (pap) (Entered: 01/07/2003)

Jan. 6, 2003

Jan. 6, 2003

81

EXHIBIT C by defendant City &Cnty of Denvr to dft's response to pla's motion for protective order re: identities of Non parties (response [80−1]) (filed under seal and stored with sealed documents) (pap) (Entered: 01/07/2003)

Jan. 6, 2003

Jan. 6, 2003

82

MINUTE ORDER : by Magistrate Judge Craig B. Shaffer ; discovery ddl reset 3/7/03 ; status conf set for 11:30 1/10/03 ; responses are due on or before 1/15/03 regarding [76−1] motion to intervene for the limited purpose of challenging dft's designation of certain discovery materials as "Confidential Information" (cc: all counsel) ; entry date : 1/9/03 (pap) (Entered: 01/09/2003)

Jan. 8, 2003

Jan. 8, 2003

85

COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer ; status conf held 1/10/03 ; further status conf set for 11:00 1/23/03 , parties' letters on any outstanding dispute are due on or before 1/21/03; granting motion to stay briefing on motion to intervene [84−1], granting motion for protective order re: identities of nonparties [68−1], proposed protected order due on or before 1/15/03; entry date : 1/13/03 Court Reporter: Tape CBS Civ 2003−06 (pap) (Entered: 01/13/2003)

Jan. 10, 2003

Jan. 10, 2003

86

ORDER by Magistrate Judge Craig B. Shaffer granting unopposed motion to stay briefing on motion to intervene [84−1] responses to motion are due on or before 2/14/03 (cc: all counsel) ; entry date : 1/15/03 (pap) (Entered: 01/15/2003)

Jan. 13, 2003

Jan. 13, 2003

87

NOTICE of filing of Stipulation and Protective Order regarding Identities of Certain Nonparties by plaintiffs (pap) (Entered: 01/16/2003)

Jan. 15, 2003

Jan. 15, 2003

88

MINUTE ORDER : by Magistrate Judge Craig B. Shaffer regarding [85−2] minutes granting motion for protective order re: identities of nonparties [68−1], denying as moot motion for 60 day enlargement of time for pretrial deadlines [72−1] Further status conf set 1/23/03 11:00 (cc: all counsel) ; entry date : 1/16/03 (pap) (Entered: 01/16/2003)

Jan. 15, 2003

Jan. 15, 2003

89

First Sealed MOTION by defendant City &Cnty of Denvr for order to confirm confidential designation (filed under seal and stored with sealed documents) (pap) Modified on 01/22/2003 (Entered: 01/22/2003)

Jan. 21, 2003

Jan. 21, 2003

90

MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Craig B. Shaffer the motion for order to confirm confidential designation [89−1] (pap) (Entered: 01/24/2003)

Jan. 22, 2003

Jan. 22, 2003

91

COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer ; status conf held 1/23/03 ; status conf set for 12:30 2/3/03 ; dft shall respond to plas' written requests or provide a privilege log on or before 1/29/03; entry date : 1/24/03 Court Reporter: Tape CBS Civ #2003−11 &12 (pap) (Entered: 01/24/2003)

Jan. 23, 2003

Jan. 23, 2003

92

MINUTE ORDER : by Magistrate Judge Craig B. Shaffer; granting parties request for next status conf ; status conf set for 12:30 2/3/03 ; dft shall respond to pla's written requests or provide a privilege log on or before 1/29/03 (cc: all counsel) ; entry date : 1/28/03 (pap) (Entered: 01/28/2003)

Jan. 27, 2003

Jan. 27, 2003

93

Second Sealed MOTION by defendant (for order) to confirm confidential designations (filed under seal and stored with sealed documents) (pap) Modified on 01/29/2003 (Entered: 01/29/2003)

Jan. 28, 2003

Jan. 28, 2003

95

MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Craig B. Shaffer the motion (for order) to confirm confidential designations [93−1] (pap) (Entered: 01/30/2003)

Jan. 28, 2003

Jan. 28, 2003

94

Second Supplemental Privilege Log (STATEMENT) by defendant City &Cnty of Denvr re: minute order [92−2] (pap) (Entered: 01/30/2003)

Jan. 29, 2003

Jan. 29, 2003

96

NOTICE of Change of address of Charles H. Richardson and Teresa L. Kinney counsel for the defendant (pap) (Entered: 02/03/2003)

Jan. 31, 2003

Jan. 31, 2003

103

COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer Status conf held 2/3/03; further status conf set 2/18/03 ; granting pla's oral motion to designate 4th expert witness ; Denying plas' motion to extend time; parties stip and protective order regarding on witness 3rd parties due on or before 2/7/03; entry date : 2/10/03 Court Reporter: Tape CBS CIV 2003−18−19−20 (pap) (Entered: 02/10/2003)

Feb. 3, 2003

Feb. 3, 2003

97

MINUTE ORDER : by Magistrate Judge Craig B. Shaffer ; status conf held 2/3/03 ; status conf set for 1:00 2/18/03 Fourth expert witness disclosure is due on or before 2/28/03; dft shall respond to outstanding discovery on or before 2/7/03; all remaining disputes as to written discovery is due on or before 2/13/03; anticipated despositions identified by 3/7/03; Stipulation and protective order re: non witness third parties due on or before 2/7/03; (cc: all counsel) ; entry date : 2/6/03 (pap) (Entered: 02/06/2003)

Feb. 4, 2003

Feb. 4, 2003

99

MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Craig B. Shaffer the motion for protective order preserving as confidential the identities of certain nonparties [98−1] (pap) (Entered: 02/07/2003)

Feb. 6, 2003

Feb. 6, 2003

100

Sealed MOTION by defendant for protective order (filed under seal and stored with sealed documents) (pap) (Entered: 02/10/2003)

Feb. 7, 2003

Feb. 7, 2003

101

ORDER by Magistrate Judge Craig B. Shaffer granting motion for protective order preserving as confidential the identities of certain nonparties [98−1] (cc: all counsel) ; entry date : 2/10/03 (pap) (Entered: 02/10/2003)

Feb. 7, 2003

Feb. 7, 2003

102

STIPULATION and PROTECTIVE ORDER perserving as confidential the identities of certain nonparties by Magistrate Judge Craig B. Shaffer : regarding [101−1] order (cc: all counsel) (pap) (Entered: 02/10/2003)

Feb. 7, 2003

Feb. 7, 2003

104

Unopposed MOTION by plaintiffs for two−day enlargement of time for response to first sealed motion (current ddl is 2/10/02) (pap) (Entered: 02/11/2003)

Feb. 10, 2003

Feb. 10, 2003

105

MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Craig B. Shaffer the motion for two−day enlargement of time for response to first sealed motion (current ddl is 2/10/02) [104−1], referring to Magistrate Judge Craig B. Shaffer the motion for protective order [100−1] (pap) (Entered: 02/12/2003)

Feb. 11, 2003

Feb. 11, 2003

106

RESPONSE by plaintiffs to first motion for order to confirm confidential designation [89−1] and second motion (for order) to confirm confidential designations [93−1] (filed under seal and stored with sealed documents) (pap) Modified on 02/13/2003 (Entered: 02/13/2003)

Feb. 12, 2003

Feb. 12, 2003

Case Details

State / Territory: Colorado

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 28, 2002

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Organizations and Individuals on which the Denver Police maintained criminal intelligence files

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

City of Denver (Denver, Denver), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Right to travel

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 469000

Order Duration: 2003 - 2005

Content of Injunction:

Auditing

Goals (e.g., for hiring, admissions)

Issues

General:

Failure to train

Record-keeping

Records Disclosure