Case: Estate of Rice ex rel. Garber v. City and County of Denver

1:07-cv-01571 | U.S. District Court for the District of Colorado

Filed Date: July 25, 2007

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On July 25, 2007, the parents of a young woman arrested for driving while under the influence of alcohol filed a lawsuit in the U.S. District Court for the County and City of Denver against the City and County of Denver, Colorado, Denver Department of Health and Hospitals. The plaintiff, represented by private counsel asked the court for declaratory relief, economic losses. compensatory and consequential damages, and punitive damages claiming under Title 42 U.S.C. § 1983, the defendants failed …

On July 25, 2007, the parents of a young woman arrested for driving while under the influence of alcohol filed a lawsuit in the U.S. District Court for the County and City of Denver against the City and County of Denver, Colorado, Denver Department of Health and Hospitals. The plaintiff, represented by private counsel asked the court for declaratory relief, economic losses. compensatory and consequential damages, and punitive damages claiming under Title 42 U.S.C. § 1983, the defendants failed to provide medical care and treatments as well as failure to properly train and supervise.

On the morning of February 18, 2006, Emily Rice was involved in a non-fatal car collision in which her car was destroyed and she suffered life-threatening injuries. After being transported by paramedics to the local hospital Denver Health, operated by the Defendant, she complained of shoulder and abdomen pain. She was booked at the Denver Health as a detainee. The only test performed on Rice was a breathalyzer to determine her blood alcohol which was determined to be .12. Rice was given ibuprofen and then released to the Denver Sheriffs for detention at the Denver County Jail. She was placed in an isolation cell for several hours. Rice continued to complain and was briefly seen by a nurse who told Rice to sleep the pain off. Rice fainted during the intake process. She was not treated by the jail nurse. The Denver Jail staff pulled Rice to her feet and continued the intake process. Rice began to complain of numbness in her feet which had turned cold and grey. The jail doctor was informed of Rice's condition and diagnosed her with drunkenness for which she needed to get sleep. Throughout the night Rice and other inmates yelled for help for which there was no reply from the guards. Eventually Rice complained of numbness is her legs and that was unable to move them. The on-staff nurse was informed of Rice's condition; she never visited to Rice to treat her. Approximately 24-hours after Rice's car collision, she died in her jail cell. The official medical report stated that the cause of death was a ruptured spleen.

On December 2, 2008, settlement was reached for a non-disclosed amount. Media reports stated the amount was approximately $4 million. On December 17, 2008, Judge Marcia Krieger dismissed the case in light of the settlement.

Summary Authors

Kya Henley (3/17/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4836612/parties/estate-of-emily-rice-v-denver-city-and-county-of/


Judge(s)

Boland, Boyd N. (Colorado)

Attorney for Plaintiff

Corchado, Luis Alberto (Colorado)

Attorney for Defendant

Cipoletti, Terry (Colorado)

Colin, Marc F. (Colorado)

Crum, Catherine O'Brien (Colorado)

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Documents in the Clearinghouse

Document

1:07-cv-01571

Docket [PACER]

Estate of Emily Rice v. Denver

Dec. 17, 2008

Dec. 17, 2008

Docket
1

1:07-cv-01571

Complaint for Damages, Certificate of Review and Jury Demand

Estate of Emily Rice v. Denver

July 25, 2007

July 25, 2007

Complaint
75

1:07-cv-01571

Defendant Mary Cleary, R.N.'s Motion to Dismiss Plaintiff's Federal Claims and State Law Claims

Estate of Emily Rice v. Denver, City and County

Oct. 8, 2007

Oct. 8, 2007

Pleading / Motion / Brief
258

1:07-cv-01571

Amended Complaint and Jury Demand (Corrected)

Estate of Emily Rice v. Denver

March 25, 2008

March 25, 2008

Complaint
327

1:07-cv-01571

Order [Denying Motion for Protective Order]

Estate of Emily Rice v. Denver

May 27, 2008

May 27, 2008

Order/Opinion

2008 WL 2228702

342

1:07-cv-01571

Order re: Plaintiffs’ Motion for Dismissal of Plaintiffs’ Claims Against the Medical Defendants Only with Prejudice

Estate of Emily Rice v. Denver

June 9, 2008

June 9, 2008

Order/Opinion
363

1:07-cv-01571

Order Affirming Magistrate Judge's Order, and Denying Motion to Stay, as Moot

Estate of Emily Rice v. Denver

July 16, 2008

July 16, 2008

Order/Opinion

2008 WL 2781083

392

1:07-cv-01571

Notice of Settlement

Estate of Emily Rice v. Denver

Dec. 2, 2008

Dec. 2, 2008

Pleading / Motion / Brief
397

1:07-cv-01571

Order Granting Motion for Dismissal

Estate of Emily Rice v. Denver

Dec. 17, 2008

Dec. 17, 2008

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4836612/estate-of-emily-rice-v-denver-city-and-county-of/

Last updated Oct. 14, 2025, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from Denver District Court, Case Number 2007CV006149. ( Filing fee $ 350 Receipt Number COX003002), filed by Denver, City and County of. (Attachments: # 1 Complaint# 2 Delay Reduction Order# 3 Entry of Appearance# 4 State Court Notice# 5 List of Pleadings# 6 Civil Cover Sheet # 7 Supplemental Civil Cover Sheet # 8 Receipt)(llr, ) (Entered: 07/26/2007)

1 Complaint

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2 Delay Reduction Order

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3 Entry of Appearance

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4 State Court Notice

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5 List of Pleadings

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6 Civil Cover Sheet

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7 Supplemental Civil Cover Sheet

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8 Receipt

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July 25, 2007

July 25, 2007

PACER
2

State Court COMPLAINT for Damages, Certificate of Review and Jury Demand against Denver, City and County of, Denver Department of Health and Hospitals, Jason (I) Haukoos, Jason Haukoos, Lisa (I) Cheng, Lisa Cheng, Robert (I) Kelly Costin, Robert Kelly Costin, Maria (I) Bouzaine, Maria Bouzaine, Mary (I) Cleary, Mary Cleary, Yvette (I) DuBois, Yvette DuBois, Maria (I) Yvette Gaston, Maria Yvette Gaston, Nancy (I) Zimmer, Nancy Zimmer, Jacob (I) Kopylov, Jacob Kopylov, John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Rastede, Hans Rastede, Richard (I) Robinson, Richard Robinson, Karolina (I) Sich, Karolina Sich, Anthony (I) Sullivan, Anthony Sullivan, Kerry (I) Adcock, Kerry Adcock, Julianna (I) Barron, Julianna Barron, Sarah (I) Bright, Sarah Bright, (I) Celeni, Celeni, Lakisha (I) Forrest, Lakisha Forrest, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Julie (I) Kirkbride, Julie Kirkbride, Troy (I) Motley, Troy Motley, Michelle (I) Padilla, Michelle Padilla, Jessica (I) Wanrow, Jessica Wanrow, filed by Roy Rice, Estate of Emily Rice, Susan Garber. Text only entry - no document attached.(llr, ) (Entered: 07/26/2007)

July 25, 2007

July 25, 2007

PACER
3

NOTICE of Entry of Appearance by Cecelia Alyson Fleischner on behalf of Denver Department of Health and Hospitals (Fleischner, Cecelia) (Entered: 07/31/2007)

July 31, 2007

July 31, 2007

PACER
4

NOTICE of Entry of Appearance by Linda L. Siderius on behalf of Denver Department of Health and Hospitals (Siderius, Linda) (Entered: 07/31/2007)

July 31, 2007

July 31, 2007

PACER
5

NOTICE of Entry of Appearance by Laura Lee Revercomb on behalf of Denver Department of Health and Hospitals (Revercomb, Laura) (Entered: 07/31/2007)

July 31, 2007

July 31, 2007

PACER
6

NOTICE re 1 Notice of Removal, Consent of Removal by Defendant Denver Department of Health and Hospitals (Fleischner, Cecelia) (Entered: 07/31/2007)

July 31, 2007

July 31, 2007

PACER
7

ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS. Any exhibits and depositions to be used during this case, counsel for the parties shall obtain such exhibits and depositions from the Court within 30 days after any judgment is entered or closure o f the case. Counsel shall retain same for 60 days beyondthe later of the time to appeal or conclusion of any appellate proceedings. Failure to retrieve exhibits and depositions in conformance with this Order may result in their destruction. Signed by Judge Marcia S. Krieger on 7/31/07. (dln, )

July 31, 2007

July 31, 2007

RECAP
8

STATEMENT re 6 Notice (Other) of Clarification by Defendant Denver Department of Health and Hospitals. (Fleischner, Cecelia) (Entered: 08/01/2007)

Aug. 1, 2007

Aug. 1, 2007

PACER
9

NOTICE Consent to Removal by Defendants Lisa (I) Cheng, Lisa Cheng (Shea, Kathleen) (Entered: 08/01/2007)

Aug. 1, 2007

Aug. 1, 2007

PACER
10

MOTION to Consent to Removal by Defendant Maria Yvette Gaston. (Yun, David) (Entered: 08/02/2007)

Aug. 2, 2007

Aug. 2, 2007

PACER
11

Docket Annotation: Motions terminated: 10 MOTION to Consent to Removal by Defendant. [Document is not a motion - to be refiled by Counsel]. Text only entry - no document attached. (dln, ) (Entered: 08/03/2007)

Aug. 3, 2007

Aug. 3, 2007

PACER
12

NOTICE Consent to Removal by Defendant Maria Yvette Gaston (Yun, David) (Entered: 08/03/2007)

Aug. 3, 2007

Aug. 3, 2007

PACER
13

NOTICE of Entry of Appearance by Felice Sharon Haas on behalf of Jason Haukoos (Haas, Felice) (Entered: 08/03/2007)

Aug. 3, 2007

Aug. 3, 2007

PACER
14

NOTICE of Entry of Appearance by Scott Sherman Nixon on behalf of Jason Haukoos (Nixon, Scott) (Entered: 08/03/2007)

Aug. 3, 2007

Aug. 3, 2007

PACER
15

NOTICE of Consent to Removal by Defendant Jason Haukoos (Nixon, Scott) (Entered: 08/03/2007)

Aug. 3, 2007

Aug. 3, 2007

PACER
16

NOTICE of Consent to Removal by Defendants Jacob (I) Kopylov, Jacob Kopylov, John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Rastede, Hans Rastede, Karolina (I) Sich, Karolina Sich, Anthony (I) Sullivan, Anthony Sullivan (Corchado, Luis) (Entered: 08/06/2007)

Aug. 6, 2007

Aug. 6, 2007

PACER
17

NOTICE of Entry of Appearance by Gillian Marie Fahlsing on behalf of Kerry (I) Adcock, Kerry Adcock, Julianna (I) Barron, Julianna Barron, Lakisha (I) Forrest, Lakisha Forrest, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Troy (I) Motley, Troy Motley, Michelle (I) Padilla, Michelle Padilla, Jessica (I) Wanrow, Jessica Wanrow (Fahlsing, Gillian) (Entered: 08/06/2007)

Aug. 6, 2007

Aug. 6, 2007

PACER
18

NOTICE of Entry of Appearance by Thomas Sullivan Rice on behalf of Kerry (I) Adcock, Kerry Adcock, Julianna (I) Barron, Julianna Barron, Lakisha (I) Forrest, Lakisha Forrest, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Troy (I) Motley, Troy Motley, Michelle (I) Padilla, Michelle Padilla, Jessica (I) Wanrow, Jessica Wanrow (Rice, Thomas) (Entered: 08/06/2007)

Aug. 6, 2007

Aug. 6, 2007

PACER
19

STIPULATION for Extension of Time to Respond to Complaint, Certificate of Review and Jury Demand by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber, Defendants Denver, City and County of, Jacob (I) Kopylov, Jacob Kopylov, John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Rastede, Hans Rastede, Karolina (I) Sich, Karolina Sich, Anthony (I) Sullivan, Anthony Sullivan, Kerry (I) Adcock, Kerry Adcock, Julianna (I) Barron, Julianna Barron, Lakisha (I) Forrest, Lakisha Forrest, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Troy (I) Motley, Troy Motley, Michelle (I) Padilla, Michelle Padilla, Jessica (I) Wanrow, Jessica Wanrow. (Fahlsing, Gillian) (Entered: 08/06/2007)

Aug. 6, 2007

Aug. 6, 2007

PACER
20

Utility Setting/Resetting Deadlines/Hearings: Denver, City and County of answer due 8/27/2007; Jacob (I) Kopylov answer due 8/27/2007; Jacob Kopylov answer due 8/27/2007; John (I) Riordon answer due 8/27/2007; John Riordon answer due 8/27/2007; Loren (I) Collier answer due 8/27/2007; Loren Collier answer due 8/27/2007; Hans (I) Rastede answer due 8/27/2007; Hans Rastede answer due 8/27/2007; Karolina (I) Sich answer due 8/27/2007; Karolina Sich answer due 8/27/2007; Anthony (I) Sullivan answer due 8/27/2007; Anthony Sullivan answer due 8/27/2007; Kerry (I) Adcock answer due 8/27/2007; Kerry Adcock answer due 8/27/2007; Julianna (I) Barron answer due 8/27/2007; Julianna Barron answer due 8/27/2007; Lakisha (I) Forrest answer due 8/27/2007; Lakisha Forrest answer due 8/27/2007; Faun (I) Gomez answer due 8/27/2007; Faun Gomez answer due 8/27/2007; Shermaine (I) Guzman answer due 8/27/2007; Shermaine Guzman answer due 8/27/2007; Amanda (I) Line answer due 8/27/2007; Amanda Line answer due 8/27/2007; Troy (I) Motley answer due 8/27/2007; Troy Motley answer due 8/27/2007; Michelle (I) Padilla answer due 8/27/2007; Michelle Padilla answer due 8/27/2007; Jessica (I) Wanrow answer due 8/27/2007; Jessica Wanrow answer due 8/27/2007. [Text only entry - no document attached]. (dln, ) (Entered: 08/06/2007)

Aug. 6, 2007

Aug. 6, 2007

PACER
21

NOTICE of Defendant Zimmer's Consent to Removal by Defendants Nancy (I) Zimmer, Nancy Zimmer (Crum, Catherine) (Entered: 08/06/2007)

Aug. 6, 2007

Aug. 6, 2007

PACER
22

NOTICE of Entry of Appearance by Terry Cipoletti on behalf of Nancy (I) Zimmer, Nancy Zimmer (Cipoletti, Terry) (Entered: 08/07/2007)

Aug. 7, 2007

Aug. 7, 2007

PACER
23

NOTICE of Consent to Removal by Defendants Kerry (I) Adcock, Kerry Adcock, Julianna (I) Barron, Julianna Barron, Lakisha (I) Forrest, Lakisha Forrest, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Troy (I) Motley, Troy Motley, Michelle (I) Padilla, Michelle Padilla, Jessica (I) Wanrow, Jessica Wanrow (Rice, Thomas) (Entered: 08/07/2007)

Aug. 7, 2007

Aug. 7, 2007

PACER
24

NOTICE Consent to Removal by Defendant Maria Bouzaine (Lewis, Wendy) (Entered: 08/08/2007)

Aug. 8, 2007

Aug. 8, 2007

PACER
25

NOTICE of Entry of Appearance of Stephen J. Hensen and C. Todd Drake by C. Todd Drake on behalf of Robert Kelly Costin (Drake, C.) (Entered: 08/09/2007)

Aug. 9, 2007

Aug. 9, 2007

PACER
26

NOTICE of Consent to Removal by Defendant Robert Kelly Costin (Hensen, Stephen) (Entered: 08/09/2007)

Aug. 9, 2007

Aug. 9, 2007

PACER
27

WAIVER OF SERVICE Returned Executed by Jason Haukoos. Jason Haukoos waiver sent on 8/10/2007, answer due 10/9/2007. (Nixon, Scott) (Entered: 08/10/2007)

Aug. 10, 2007

Aug. 10, 2007

PACER
28

NOTICE OF ENTRY OF APPEARANCE by Defendant Mary (I) Cleary (Kresl, Thomas) (Entered: 08/10/2007)

Aug. 10, 2007

Aug. 10, 2007

PACER
29

NOTICE OF ENTRY OF APPEARANCE by Defendant Mary Cleary (Robinson, Bradley) (Entered: 08/10/2007)

Aug. 10, 2007

Aug. 10, 2007

PACER
30

NOTICE OF CONSENT TO REMOVAL by Defendant Mary Cleary (Kresl, Thomas) (Entered: 08/10/2007)

Aug. 10, 2007

Aug. 10, 2007

PACER
31

WAIVER OF SERVICE Returned Executed by Maria (I) Bouzaine, Maria Bouzaine. Maria (I) Bouzaine waiver sent on 8/13/2007, answer due 10/12/2007; Maria Bouzaine waiver sent on 8/13/2007, answer due 10/12/2007. (Faraci, Paul) (Entered: 08/13/2007)

Aug. 13, 2007

Aug. 13, 2007

PACER
32

Utility Setting/Resetting Deadlines/Hearings: Answer for Defendant Maria (I) Bouzaine and Maria Bouzaine due 10/12/2007. [Text only entry - no document attached]. (dln, ) (Entered: 08/13/2007)

Aug. 13, 2007

Aug. 13, 2007

PACER
33

NOTICE of Entry of Appearance by Cathy Havener Greer on behalf of Julie (I) Kirkbride, Julie Kirkbride (Greer, Cathy) (Entered: 08/14/2007)

Aug. 14, 2007

Aug. 14, 2007

PACER
34

NOTICE re 1 Notice of Removal, Consent to Removal by Defendants Julie (I) Kirkbride, Julie Kirkbride (Greer, Cathy) (Entered: 08/14/2007)

Aug. 14, 2007

Aug. 14, 2007

PACER
35

NOTICE of Entry of Appearance by William Thomas O'Connell, III on behalf of Julie (I) Kirkbride, Julie Kirkbride (O'Connell, William) (Entered: 08/14/2007)

Aug. 14, 2007

Aug. 14, 2007

PACER
36

MOTION to Withdraw as Attorney by Defendants Mary (I) Cleary, Mary Cleary. (Attachments: # 1 Proposed Order (PDF Only))(Jurs, Andrew) (Entered: 08/15/2007)

1 Proposed Order (PDF Only)

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Aug. 15, 2007

Aug. 15, 2007

PACER
37

ORDER granting 36 Motion to Withdraw as Attorney. Attorney Andrew Wallace Jurs terminated as counsel for defendant Cleary. Signed by Judge Marcia S. Krieger on 8/15/07.(gmssl, ) (Entered: 08/15/2007)

Aug. 15, 2007

Aug. 15, 2007

PACER
38

NOTICE of Entry of Appearance by Marc F. Colin on behalf of John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Richard (I) Robinson, Richard Robinson, Kerry (I) Adcock, Kerry Adcock, Faun (I) Gomez, Faun Gomez (Colin, Marc) (Entered: 08/17/2007)

Aug. 17, 2007

Aug. 17, 2007

PACER
39

Unopposed MOTION for Extension of Time to File Answer or Other Responsive Pleading to Plaintiffs' Complaint by Defendants Julie (I) Kirkbride, Julie Kirkbride. (Attachments: # 1 Proposed Order (PDF Only))(Greer, Cathy) (Entered: 08/20/2007)

1 Proposed Order (PDF Only)

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Aug. 20, 2007

Aug. 20, 2007

PACER
40

Unopposed MOTION for Extension of Time to File Answer or Other Responsive Pleading by Defendants Robert (I) Kelly Costin, Robert Kelly Costin. (Drake, C.) (Entered: 08/24/2007)

Aug. 24, 2007

Aug. 24, 2007

PACER
41

MOTION for Extension of Time to File Answer or Other Responsive Pleading by Defendants Mary (I) Cleary, Mary Cleary. (Kresl, Thomas) (Entered: 08/26/2007)

Aug. 26, 2007

Aug. 26, 2007

PACER
42

ANSWER to Complaint with Jury Demand by Kerry (I) Adcock, Kerry Adcock, Julianna (I) Barron, Julianna Barron, Lakisha (I) Forrest, Lakisha Forrest, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Troy (I) Motley, Troy Motley, Michelle (I) Padilla, Michelle Padilla, Jessica (I) Wanrow, Jessica Wanrow.(Fahlsing, Gillian) (Entered: 08/27/2007)

Aug. 27, 2007

Aug. 27, 2007

PACER
43

ANSWER to Complaint with Jury Demand by Denver, City and County of, Jacob (I) Kopylov, Jacob Kopylov, John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Rastede, Hans Rastede, Karolina (I) Sich, Karolina Sich, Anthony (I) Sullivan, Anthony Sullivan.(Corchado, Luis) (Entered: 08/27/2007)

Aug. 27, 2007

Aug. 27, 2007

PACER
44

NOTICE of Entry of Appearance by Robert E. Goodwin on behalf of Julie Kirkbride (Goodwin, Robert) (Entered: 09/07/2007)

Sept. 7, 2007

Sept. 7, 2007

PACER
45

ORDER OF REFERENCE TO MAGISTRATE JUDGE AND LETTER TO COUNSEL. CASE referred to Magistrate Judge Boyd N. Boland by Judge Krieger. (dln, ) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

PACER
46

NOTICE of Entry of Appearance by Matthew Morgan Linton on behalf of Nancy Zimmer (Linton, Matthew) (Entered: 09/11/2007)

Sept. 11, 2007

Sept. 11, 2007

PACER
47

Unopposed MOTION For Extension of Time to File Answer or Other Responsive Pleading by Defendant Nancy Zimmer. (Linton, Matthew) (Modified on 9/12/2007 to correct entry) (dln, ). (Entered: 09/11/2007)

Sept. 11, 2007

Sept. 11, 2007

PACER
48

MEMORANDUM regarding 47 Unopposed MOTION For Extension of Time to File Answer or Other Responsive Pleading by Defendant. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 9/12/07. (Text Only Entry - No Document Attached)(dln, ) (Entered: 09/12/2007)

Sept. 12, 2007

Sept. 12, 2007

PACER
49

Minute ORDER granting to 10/20/2007 47 Unopposed MOTION For Extension of Time to File Answer or Other Responsive Pleading by Defendant by Magistrate Judge Boyd N. Boland on 9/12/07.(dln, ) (Entered: 09/12/2007)

Sept. 12, 2007

Sept. 12, 2007

PACER
50

Minute ORDER granting to 09/14/2007 39 Unopposed MOTION for Extension of Time to File Answer or Other Responsive Pleading to Plaintiffs' Complaint by Defendant Kirkbride by Magistrate Judge Boyd N. Boland on 9/12/07.(dln, ) (Entered: 09/12/2007)

Sept. 12, 2007

Sept. 12, 2007

PACER
51

Minute ORDER granting to 10/01/2007 40 Unopposed MOTION for Extension of Time to File Answer or Other Responsive Pleading by Defendants Robert (I) Kelly Costin, Robert Kelly Costin by Magistrate Judge Boyd N. Boland on 9/12/07.(dln, ) (Entered: 09/12/2007)

Sept. 12, 2007

Sept. 12, 2007

PACER
52

Minute ORDER granting to 10/08/2007 41 MOTION for Extension of Time to File Answer or Other Responsive Pleading by Defendants Mary (I) Cleary, Mary Cleary by Magistrate Judge Boyd N. Boland on 9/12/07.(dln, ) (Entered: 09/12/2007)

Sept. 12, 2007

Sept. 12, 2007

PACER
53

Unopposed MOTION For Extension of Time to Designate Non-Parties by Defendants Denver, City and County of, Jacob (I) Kopylov, Jacob Kopylov, John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Rastede, Hans Rastede, Richard (I) Robinson, Richard Robinson, Karolina (I) Sich, Karolina Sich, Anthony (I) Sullivan, Anthony Sullivan, Kerry (I) Adcock, Kerry Adcock, Julianna (I) Barron, Julianna Barron, Lakisha (I) Forrest, Lakisha Forrest, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Julie (I) Kirkbride, Julie Kirkbride, Troy (I) Motley, Troy Motley, Michelle (I) Padilla, Michelle Padilla, Jessica (I) Wanrow, Jessica Wanrow. (Attachments: # 1 Proposed Order (PDF Only))(Fahlsing, Gillian) (Entered: 09/12/2007)

1 Proposed Order (PDF Only)

View on PACER

Sept. 12, 2007

Sept. 12, 2007

PACER
54

MEMORANDUM regarding 53 Unopposed MOTION For Extension of Time to Designate Non-Parties by Defendants. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 9/13/07. (Text Only Entry - No Document Attached)(dln, ) (Entered: 09/13/2007)

Sept. 13, 2007

Sept. 13, 2007

PACER
55

Minute ORDER granting 53 Unopposed MOTION For Extension of Time to Designate Non-Parties by Defendants by Magistrate Judge Boyd N. Boland on 9/13/07.(dln, ) (Entered: 09/14/2007)

Sept. 14, 2007

Sept. 14, 2007

PACER
56

ANSWER to Complaint with Jury Demand by Denver Department of Health and Hospitals.(Siderius, Linda) (Entered: 09/14/2007)

Sept. 14, 2007

Sept. 14, 2007

PACER
57

MOTION to Dismiss for Lack of Jurisdiction, Motion for Summary Judgment on Plaintiffs' Federal Claims and Motion to Dismiss Plaintiffs' Federal Claims by Defendant Denver Department of Health and Hospitals. (Attachments: # 1 Pages Title Page to Exhibit 1# 2 Exhibit 1-A, Pt 1# 3 Exhibit 1-A, Pt 2# 4 Exhibit 1-B, Pt 1# 5 Exhibit 1-B, Pt 2# 6 Exhibit 1-C, Pt 1# 7 Exhibit 1-C, Pt 2# 8 Exhibit 1-D# 9 Exhibit 1-E# 10 Exhibit 1-F, Pt 1# 11 Exhibit 1-F, Pt 2# 12 Exhibit 1-G# 13 Exhibit 1-H, Pt 1# 14 Exhibit 1-H, Pt 2)(Siderius, Linda) (Entered: 09/14/2007)

1 Pages Title Page to Exhibit 1

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2 Exhibit 1-A, Pt 1

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3 Exhibit 1-A, Pt 2

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4 Exhibit 1-B, Pt 1

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5 Exhibit 1-B, Pt 2

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6 Exhibit 1-C, Pt 1

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7 Exhibit 1-C, Pt 2

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8 Exhibit 1-D

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9 Exhibit 1-E

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10 Exhibit 1-F, Pt 1

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11 Exhibit 1-F, Pt 2

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12 Exhibit 1-G

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13 Exhibit 1-H, Pt 1

View on PACER

14 Exhibit 1-H, Pt 2

View on PACER

Sept. 14, 2007

Sept. 14, 2007

PACER
58

ANSWER to Complaint with Jury Demand by Julie (I) Kirkbride, Julie Kirkbride.(Greer, Cathy) (Entered: 09/14/2007)

Sept. 14, 2007

Sept. 14, 2007

PACER
59

NOTICE of Voluntary Dismissal of Party Yvette Gaston, R.N. without prejudice by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber (Rich, Sara) (Entered: 09/17/2007)

Sept. 17, 2007

Sept. 17, 2007

PACER
60

NOTICE of Voluntary Dismissal of Party Troy Motely, with prejudice by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber (Rich, Sara) (Entered: 09/17/2007)

Sept. 17, 2007

Sept. 17, 2007

PACER
61

Docket Annotation: Party Troy Motley; Troy (I) Motley; Maria Yvette Gaston and Maria (I) Yvette Gaston terminated pursuant to filing re: 59 NOTICE of Voluntary Dismissal of Party Yvette Gaston, R.N. without prejudice by Plaintiffs and 60 NOTICE of Voluntary Dismissal of Party Troy Motely, with prejudice by Plaintiffs. [Text only entry - no document attached]. (dln, ) (Entered: 09/18/2007)

Sept. 18, 2007

Sept. 18, 2007

PACER
62

JOINDER re 53 Unopposed MOTION For Extension of Time to Designate Non-Parties by Defendants Denver Department of Health and Hospitals, Jason (I) Haukoos, Jason Haukoos, Lisa (I) Cheng, Lisa Cheng, Robert (I) Kelly Costin, Robert Kelly Costin, Maria (I) Bouzaine, Maria Bouzaine, Mary (I) Cleary, Mary Cleary, Nancy (I) Zimmer, Nancy Zimmer. (Siderius, Linda) (Entered: 09/19/2007)

Sept. 19, 2007

Sept. 19, 2007

PACER
63

NOTICE of Entry of Appearance by Sarah Elizabeth McCutcheon on behalf of John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Kerry (I) Adcock, Kerry Adcock, Faun (I) Gomez, Faun Gomez (McCutcheon, Sarah) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

PACER
64

Unopposed MOTION to Amend/Correct/Modify 2 Complaint,,,, Caption of Complaint by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Exhibit 1)(Rich, Sara) (Entered: 09/24/2007)

1 Exhibit 1

View on PACER

Sept. 24, 2007

Sept. 24, 2007

PACER
65

MEMORANDUM regarding 64 Unopposed MOTION to Amend/Correct/Modify 2 Complaint,,,, Caption of Complaint by Plaintiff. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 9/25/07. (Text Only Entry - No Document Attached)(dln, ) (Entered: 09/25/2007)

Sept. 25, 2007

Sept. 25, 2007

PACER
66

ORDER setting Rule 16(b) Scheduling Conference and Rule 26(f) Planning Meeting set for 11/1/2007 10:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Signed by Magistrate Judge Boyd N. Boland on 9/25/07. (dln, )

Sept. 25, 2007

Sept. 25, 2007

RECAP
67

NOTICE of Change of Address by Kathleen M. Shea (Shea, Kathleen) (Entered: 09/25/2007)

Sept. 25, 2007

Sept. 25, 2007

PACER
68

Minute ORDER granting 64 Unopposed MOTION to Amend/Correct/Modify 2 Complaint Caption of Complaint by Plaintiffs by Magistrate Judge Boyd N. Boland on 9/26/07.(dln, )

Sept. 26, 2007

Sept. 26, 2007

RECAP
69

Unopposed MOTION for Extension of Time to File Answer or Other Responsive Pleading by Defendants Robert (I) Kelly Costin, Robert Kelly Costin. (Drake, C.) (Entered: 09/28/2007)

Sept. 28, 2007

Sept. 28, 2007

PACER
70

MEMORANDUM regarding 69 Unopposed MOTION for Extension of Time to File Answer or Other Responsive Pleading filed by Robert Kelly Costin, Robert (I) Kelly Costin. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 10/1/07. (Text Only Entry - No Document Attached)(dln, ) (Entered: 10/01/2007)

Oct. 1, 2007

Oct. 1, 2007

PACER
71

Minute ORDER granting to 10/8/2007 69 Unopposed MOTION for Extension of Time to File Answer or Other Responsive Pleading by Defendants Robert (I) Kelly Costin, Robert Kelly Costin by Magistrate Judge Boyd N. Boland on 10/1/07.(dln, ) (Entered: 10/01/2007)

Oct. 1, 2007

Oct. 1, 2007

PACER
72

Unopposed MOTION for Extension of Time to File Response/Reply as to 57 MOTION to Dismiss for Lack of Jurisdiction, Motion for Summary Judgment on Plaintiffs' Federal Claims and Motion to Dismiss Plaintiffs' Federal Claims by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Proposed Order (PDF Only))(Rich, Sara) (Entered: 10/04/2007)

1 Proposed Order (PDF Only)

View on PACER

Oct. 4, 2007

Oct. 4, 2007

PACER
73

ORDER granting to 10/15/2007 72 Unopposed MOTION for Extension of Time to File Response/Reply as to 57 MOTION to Dismiss for Lack of Jurisdiction, Motion for Summary Judgment on Plaintiffs' Federal Claims and Motion to Dismiss Plaintiffs' Federal Claims by Plaintiffs. Signed by Judge Marcia S. Krieger on 10/4/07.(dln, ) (Entered: 10/04/2007)

Oct. 4, 2007

Oct. 4, 2007

PACER
74

ANSWER to Complaint and Affirmative Defenses by Robert (I) Kelly Costin, Robert Kelly Costin.(Drake, C.) (Entered: 10/08/2007)

Oct. 8, 2007

Oct. 8, 2007

PACER
75

MOTION to Dismiss for Lack of Jurisdiction by Defendants Mary (I) Cleary, Mary Cleary. (Attachments: # 1 Exhibit A)(Kresl, Thomas) (Entered: 10/08/2007)

1 Exhibit A

View on PACER

Oct. 8, 2007

Oct. 8, 2007

PACER
76

ANSWER to Complaint with Jury Demand by Mary (I) Cleary, Mary Cleary.(Kresl, Thomas) (Entered: 10/08/2007)

Oct. 8, 2007

Oct. 8, 2007

PACER
77

MOTION to Dismiss by Defendant Jason (I) Haukoos. (Nixon, Scott) (Entered: 10/09/2007)

Oct. 9, 2007

Oct. 9, 2007

PACER
78

BRIEF in Support re 77 MOTION to Dismiss filed by Defendant Jason (I) Haukoos. (Attachments: # 1 Copies of cases referenced in Brief)(Nixon, Scott) (Entered: 10/09/2007)

1 Copies of cases referenced in Brief

View on PACER

Oct. 9, 2007

Oct. 9, 2007

PACER
79

MOTION to Dismiss by Defendants Lisa (I) Cheng, Lisa Cheng. (Shea, Kathleen) (Entered: 10/09/2007)

Oct. 9, 2007

Oct. 9, 2007

PACER
80

BRIEF in Support re 79 MOTION to Dismiss filed by Defendants Lisa (I) Cheng, Lisa Cheng. (Shea, Kathleen) (Entered: 10/09/2007)

Oct. 9, 2007

Oct. 9, 2007

PACER
81

CERTIFICATE of Review by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Newman, Mari) (Entered: 10/12/2007)

Oct. 12, 2007

Oct. 12, 2007

PACER
82

Maria Bouziane, R.N.'s ANSWER to Complaint by Maria (I) Bouziane, Maria Bouziane.(Faraci, Paul) (Entered: 10/12/2007)

Oct. 12, 2007

Oct. 12, 2007

PACER
83

Unopposed MOTION for Extension of Time to File Response/Reply as to 57 MOTION to Dismiss for Lack of Jurisdiction, Motion for Summary Judgment on Plaintiffs' Federal Claims and Motion to Dismiss Plaintiffs' Federal Claims by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Proposed Order (PDF Only))(Newman, Mari) (Entered: 10/15/2007)

1 Proposed Order (PDF Only)

View on PACER

Oct. 15, 2007

Oct. 15, 2007

PACER
84

ORDER granting to 10/19/2007 83 Unopposed MOTION for Extension of Time to File Response/Reply as to 57 MOTION to Dismiss for Lack of Jurisdiction, Motion for Summary Judgment on Plaintiffs' Federal Claims and Motion to Dismiss Plaintiffs' Federal Claims by Plaintiffs. Signed by Judge Marcia S. Krieger on 10/16/07.(dln, ) (Entered: 10/16/2007)

Oct. 16, 2007

Oct. 16, 2007

PACER
85

MINUTE ORDER : Scheduling Conference reset for 11/8/2007 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland by Magistrate Judge Boyd N. Boland on 10/16/07. (dln, ) (Entered: 10/16/2007)

Oct. 16, 2007

Oct. 16, 2007

PACER
86

RESPONSE to Motion re 57 MOTION to Dismiss for Lack of Jurisdiction, Motion for Summary Judgment on Plaintiffs' Federal Claims and Motion to Dismiss Plaintiffs' Federal Claims filed by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Newman, Mari) (Entered: 10/19/2007)

Oct. 19, 2007

Oct. 19, 2007

PACER
87

Unopposed MOTION to Permit Further Discovery Pursuant to Federal Rule of Civil Procedure 56(f) by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Exhibit 1 (Affidavit of Mari Newman)# 2 Proposed Order (PDF Only))(Newman, Mari) (Entered: 10/19/2007)

1 Exhibit 1 (Affidavit of Mari Newman)

View on PACER

2 Proposed Order (PDF Only)

View on PACER

Oct. 19, 2007

Oct. 19, 2007

PACER
88

MEMORANDUM regarding 87 Unopposed MOTION to Permit Further Discovery Pursuant to Federal Rule of Civil Procedure 56(f) by Plaintiffs. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 10/22/07. (Text Only Entry - No Document Attached)(dln, ) (Entered: 10/22/2007)

Oct. 22, 2007

Oct. 22, 2007

PACER
89

ANSWER to 2 Complaint,,,, by Richard (I) Roberson, Richard Roberson.(Corchado, Luis) (Entered: 10/22/2007)

Oct. 22, 2007

Oct. 22, 2007

PACER
90

MOTION to Dismiss by Defendant Nancye Zimmer. (Linton, Matthew) (Entered: 10/22/2007)

Oct. 22, 2007

Oct. 22, 2007

PACER
91

MOTION For Extension of Time to Serve Summons and Complaint on Defendant Deputy Sarah Bright by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Proposed Order (PDF Only))(Rich, Sara) (Entered: 10/23/2007)

1 Proposed Order (PDF Only)

View on PACER

Oct. 23, 2007

Oct. 23, 2007

PACER
92

MEMORANDUM regarding 91 MOTION For Extension of Time to Serve Summons and Complaint on Defendant Deputy Sarah Bright by Plaintiffs. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 10/23/07. (Text Only Entry - No Document Attached)(dln, ) (Entered: 10/24/2007)

Oct. 24, 2007

Oct. 24, 2007

PACER
93

Minute ORDER granting to 12/28/2007 91 MOTION For Extension of Time to Serve Summons and Complaint on Defendant Deputy Sarah Bright by Plaintiffs by Magistrate Judge Boyd N. Boland on 10/24/07.(dln, ) (Entered: 10/24/2007)

Oct. 24, 2007

Oct. 24, 2007

PACER
94

Unopposed MOTION for Extension of Time to File Response/Reply as to 86 Response to Motion, To Dismiss Plaintiffs' Federal Claims, Motion for Summary Judgment on Plaintiffs' Federal Claims and Motion to Dismiss Plaintiffs' State Law Claims for Lack of Jurisdiction by Defendant Denver Department of Health and Hospitals. (Attachments: # 1 Proposed Order (PDF Only) Order)(Siderius, Linda) (Entered: 10/25/2007)

1 Proposed Order (PDF Only) Order

View on PACER

Oct. 25, 2007

Oct. 25, 2007

PACER
95

ORDER granting to 11/19/2007 94 Unopposed MOTION for Extension of Time to File Response/Reply as to To Dismiss Plaintiffs' Federal Claims, Motion for Summary Judgment on Plaintiffs' Federal Claims and Motion to Dismiss Plaintiffs' State Law Claims for Lack of Jurisdiction by Defendant. No further extensions will be granted. Signed by Judge Marcia S. Krieger on 10/29/07.(dln, ) (Entered: 10/29/2007)

Oct. 29, 2007

Oct. 29, 2007

PACER
96

Unopposed MOTION for Extension of Time to File Response/Reply as to 79 MOTION to Dismiss by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Proposed Order (PDF Only))(Killmer, Darold) (Entered: 10/29/2007)

1 Proposed Order (PDF Only)

View on PACER

Oct. 29, 2007

Oct. 29, 2007

PACER
97

Unopposed MOTION for Extension of Time to File Response/Reply as to 75 MOTION to Dismiss for Lack of Jurisdiction by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Proposed Order (PDF Only))(Killmer, Darold) (Entered: 10/29/2007)

1 Proposed Order (PDF Only)

View on PACER

Oct. 29, 2007

Oct. 29, 2007

PACER
98

Unopposed MOTION for Extension of Time to File Response/Reply as to 77 MOTION to Dismiss by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Proposed Order (PDF Only))(Killmer, Darold) (Entered: 10/29/2007)

1 Proposed Order (PDF Only)

View on PACER

Oct. 29, 2007

Oct. 29, 2007

PACER
100

ORDER granting to 11/05/2007 97 Unopposed MOTION for Extension of Time to File Response/Reply as to 75 MOTION to Dismiss for Lack of Jurisdiction by Plaintiffs. No further extensions will be granted. Signed by Judge Marcia S. Krieger on 10/30/07.(dln, ) (Entered: 10/30/2007)

Oct. 30, 2007

Oct. 30, 2007

PACER
101

ORDER granting to 11/19/2007 98 Unopposed MOTION for Extension of Time to File Response/Reply as to 77 MOTION to Dismiss by Plaintiffs. Signed by Judge Marcia S. Krieger on 10/30/07.(dln, ) (Entered: 10/30/2007)

Oct. 30, 2007

Oct. 30, 2007

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Jail Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 25, 2007

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

parents of Emily Rice

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City and County of Denver (Denver, Denver), City

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General/Misc.:

Failure to discipline

Failure to train

Medical/Mental Health Care:

Medical care, general