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 attrorneys, see: https://www.courtlistener.com/docket/4836612/parties/estate-of-emily-rice-v-denver-city-and-county-of/


Judge(s)

Boland, Boyd N. (Colorado)

Krieger, Marcia S. (Colorado)

Attorneys(s) for Plaintiff

Corchado, Luis Alberto (Colorado)

Killmer, Darold W. (Colorado)

Licht, Althea (Colorado)

Newman, Mari Anne (Colorado)

Rich, Sara J. (Colorado)

Attorneys(s) for Defendant

Cipoletti, Terry (Colorado)

Colin, Marc F. (Colorado)

Crum, Catherine O'Brien (Colorado)

Judge(s)

Boland, Boyd N. (Colorado)

Krieger, Marcia S. (Colorado)

Attorneys(s) for Plaintiff

Corchado, Luis Alberto (Colorado)

Killmer, Darold W. (Colorado)

Licht, Althea (Colorado)

Newman, Mari Anne (Colorado)

Rich, Sara J. (Colorado)

Attorneys(s) for Defendant

Cipoletti, Terry (Colorado)

Colin, Marc F. (Colorado)

Crum, Catherine O'Brien (Colorado)

Drake, C. Todd (Colorado)

Fahlsing, Gillian Marie (Colorado)

Faraci, Paul Andrew (Colorado)

Fleischner, Cecilia Alyson (Colorado)

Foster, Daniel Seth (Colorado)

Geraghty, Jerome R. (Colorado)

Goodwin, Robert E. (Colorado)

Greer, Cathy Havener (Colorado)

Haas, Felice Sharon (Colorado)

Henson, Stephen Jerome (Colorado)

Jandon, Joseph Cabell (Colorado)

Jurs, Andrew Wallace (North Carolina)

Kresl, Thomas Jerome (Colorado)

Lind, Christian M. (Colorado)

Linton, Matthew Morgan (Colorado)

Martin, John Oliver (Colorado)

McCutcheon, Sarah Elizabeth (Colorado)

Mitchell, Sarah Jane (Colorado)

Nixon, Scott Sherman (Colorado)

O'Connell, William Thomas III (Colorado)

Rackham, Troy Robert (Colorado)

Revercomb, Laura Lee (Colorado)

Rice, Thomas Sullivan (Colorado)

Ringel, Andrew David (Colorado)

Robinson, Bradley Gillette (Colorado)

Siderius, Linda L. (Colorado)

Yun, David H. (Colorado)

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

2008 WL 2228702

May 27, 2008

May 27, 2008

Order/Opinion
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

2008 WL 2781083

July 16, 2008

July 16, 2008

Order/Opinion
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

Resources

Docket

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

Last updated July 22, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
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
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
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
108

Stipulation and PROTECTIVE ORDER re: 105 MOTION for Protective Order by Defendants. Signed by Magistrate Judge Boyd N. Boland on 11/9/07. (dln, )

Nov. 9, 2007

Nov. 9, 2007

RECAP
109

ORDER granting 87 Unopposed MOTION to Permit Further Discovery Pursuant to Federal Rule of Civil Procedure 56(f) by Plaintiff. Signed by Magistrate Judge Boyd N. Boland on 11/9/07.(dln, )

Nov. 9, 2007

Nov. 9, 2007

RECAP
117

TRIAL PREPARATION ORDER - CIVIL. Final Pretrial Conference set for 4/8/2009 03:00 PM in Courtroom A 901 before Judge Marcia S. Krieger. Signed by Judge Marcia S. Krieger on 11/19/07. (dln, )

Nov. 19, 2007

Nov. 19, 2007

RECAP
132

ORDER denying as premature Plaintiffs' 125 Motion to Modify Scheduling Order with Respect to Deadline for Joinder of Parties and Amendment of Pleadings. Signed by Magistrate Judge Boyd N. Boland on 12/6/07.(gms, )

Dec. 6, 2007

Dec. 6, 2007

RECAP
234

Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. ORDERED:Plaintiffs motion to file amended complaint filed February 15, 2008; Doc 187 is granted as stated on the record.ORDERED:Ruling on Plaintiffs motion pursuant to Rule 4 (d)(2) for award of fees and costs in connection with service of process of defendant Sarah Bright filed February 18, 2008; Doc 188 is deferred. ORDERED:Defendants motion for clarification regarding stipulated protective order filed March 10, 2008; Doc 193 is granted as stated on the record. Defendants shall look through documents and make a redesignation of confidential or not, on or before March 26, 2008. Motion Hearing held on 3/12/2008. (Court Reporter FTR-G.Mattei.) (bnbcd, )

March 12, 2008

March 12, 2008

RECAP
242

ORDER denying as moot 57 Motion to Dismiss for Lack of Jurisdiction; denying as moot 75 Motion to Dismiss for Lack of Jurisdiction; denying as moot 77 Motion to Dismiss; denying as moot 79 Motion to Dismiss; denying as moot 90 Motion to Dismiss; denying as moot 202 Motion to Dismiss. Signed by Judge Marcia S. Krieger on 3/13/08.(jmp, )

March 13, 2008

March 13, 2008

RECAP
243

ORDER granting 187 Plaintiffs' Motion to File Amended Complaint. The Clerk of the Court is directed to accept the Amended Complaint and Jury Demand [187-2] for filing; deferring Plaintiffs Motion Pursuant to Rule 4(d)(2) for Award of Fees and Costs In Connection With Service of Process on Defendant Sarah Bright, pending a determination of Defendant Sarah Brights Motion to Dismiss; granting Motion for Clarification Regarding Stipulated Protective Order. Signed by Magistrate Judge Boyd N. Boland on 3/14/08. (jmp, )

March 14, 2008

March 14, 2008

RECAP
257

MINUTE ORDER granting 253 Plaintiff's Unopposed Motion to Correct Amended Complaint. The Clerk of the Court is directed to accept for filing the attached Amended Complaint and Jury Demand (Corrected) for filing, by Magistrate Judge Boyd N. Boland on 3/26/08.(jmp, )

March 26, 2008

March 26, 2008

RECAP
269

ORDER: Investigators and agents engaged by the parties shall not lie or make misrepresentations to, threaten, or intimidate potential witnesses in this case. Signed by Magistrate Judge Boyd N. Boland on 3/27/08. (jmp, )

March 27, 2008

March 27, 2008

RECAP
270

MINUTE ORDER denying as moot 204 Plaintiffs Motion for Protective Order to Prohibit Further Abusive Investigative Tactics By Defense Investigators, by Magistrate Judge Boyd N. Boland on 3/27/08.(jmp, )

March 27, 2008

March 27, 2008

RECAP
277

MINUTE ORDER granting 265 Unopposed Motion of Defendant Nurse Zimmer for Confirmation of Response Date or in the Alternative for an Extension of Time to Respond to the Corrected Amended Complaint. Defendant Nancye Zimmer, R.N. shall answer or respond to the plaintiffs Corrected Amended Complaint on or before March 31, 2008, by Magistrate Judge Boyd N. Boland on 3/28/08.(jmp, )

March 28, 2008

March 28, 2008

RECAP
300

ORDER declaring as moot 284 Defendant Sarah Bright's Motion to Dismiss and agrees to submit to the jurisdiction of this court. Defendant Sarah Bright has up to and including 4/22/08 to file an Answer to the Plaintiff's Amended Complaint and Defendant City and County of Denver will pay $2,500 pursuant to Rule 4(d)(2) towards the costs and fees incurred to serve Sarah Bright. Plaintiff's reserve the right to seek the additional $3,116 sought in its Motion for fees at the conclusion of this matter and to the extent permitted by law. Signed by Magistrate Judge Boyd N. Boland on 4/08/08.(jmp, )

April 8, 2008

April 8, 2008

RECAP
303

Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. ORDERED:Law Enforcement defendants joint motion for protective order to prohibit discovery regarding personal, confidential, and non relevant information filed March 13, 2008; Doc. 236 is taken under advisement as stated on the record. Motion Hearing held on 4/15/2008. (Court Reporter FTR-G.Mattei.) (bnbcd, )

April 15, 2008

April 15, 2008

RECAP
325

MINUTE ORDER Granting 322 Plaintiffs Unopposed Motion for Extension of Time to Respond to Defendant Wendy Anderson, R.N.s Motion to Stay Discovery Pending the Determination of Qualified Immunity. Plaintiff shall respond to the Motion by 5/27/08, by Magistrate Judge Boyd N. Boland on 5/15/08.(jmp, ) (Modified on 5/27/2008 create linkage to correct motion and delete linkage to motion to stay) (pap2, ).

May 15, 2008

May 15, 2008

RECAP
329

ORDER denying 236 Law Enforcement Defendants Joint Motion for Protective Order to Prohibit Discovery Regarding Personal, Confidential, and Non-Relevant Information. Signed by Magistrate Judge Boyd N. Boland on 5/27/08.(jmp, )

May 27, 2008

May 27, 2008

RECAP
332

MINUTE ORDER granting 327 Defendant Wendy Anderson, R.N.s Motion to Withdraw her Motion to Stay Discovery Pending the Determination of Qualified Immunityand to Vacate the Hearing Scheduled for May 30, 2008. The hearing set for 5/30/08, is VACATED. Denying as moot 310 Motion to Stay Discovery Pending the Determination of Qualified Immunity, by Magistrate Judge Boyd N. Boland on 5/28/08.(jmp, ) Modified on 5/30/2008 to indicate ruling on motion(jmp, ).

May 28, 2008

May 28, 2008

RECAP
342

ORDER granting 341 Plaintiffs Motion for Dismissal of Plaintiffs Claims Against the Medical Defendants with Prejudice. Party Maria Bouziane; Maria (I) Bouziane; Lisa Cheng; Lisa (I) Cheng; Mary Cleary; Mary (I) Cleary; Robert Kelly Costin; Robert (I) Kelly Costin; Denver Department of Health and Hospitals; Jason Haukoos; Jason (I) Haukoos; Nancye Zimmer; Nancye (I) Zimmer; Wendy Jo Anderson and Wendy (I) Jo Anderson terminated. Each of those claims is hereby dismissed against the Medical Defendants with prejudice, each party to pay their own attorney's fees and costs. Signed by Judge Marcia S. Krieger on 6/09/08.(jmp, )

June 9, 2008

June 9, 2008

RECAP
344

ORDER denying Law Enforcement Defendants' Joint 330 Motion for Order to Stay Effect of Order. Signed by Magistrate Judge Boyd N. Boland on 6/13/08.(gmssl, )

June 13, 2008

June 13, 2008

RECAP
363

ORDER AFFIRMING MAGISTRATE JUDGE'S ORDER, AND DENYING MOTION TO STAY, AS MOOT: denying 343 APPEAL OF MAGISTRATE JUDGE DECISION to District Court; denying 345 Motion for Order to Stay as moot. Signed by Judge Marcia S. Krieger on 7/16/08.(msksec, )

July 16, 2008

July 16, 2008

RECAP
365

ORDER denying 361 Joint Motion to Modify Scheduling Order. Signed by Magistrate Judge Boyd N. Boland on 7/17/08.(jmp, )

July 17, 2008

July 17, 2008

RECAP
379

ORDER granting in part and denying in part 366 Plaintiffs Limited Motion to Modify Scheduling Order With Respect to Expert Witness Disclosure Deadlines Only; granting 374 Law Enforcement Defendants Motion for Expedited Hearing or Determination In Re: Plaintiffs Limited Motion to Modify Scheduling Order With Respect to Expert Witness Disclosure Deadline Only; granting in part and denying in part 375 Law Enforcement Defendants Unopposed Motion for Extension of Time for Defendants Expert Witness Disclosure Deadline. Discovery deadline 1/08/09; Dispositive Motions Deadline 1/08/09. Signed by Magistrate Judge Boyd N. Boland on 8/22/08.(jmpsl, )

Aug. 22, 2008

Aug. 22, 2008

RECAP
386

MINUTE ORDER granting 385 Unopposed Motion to Withdraw Motion for Protective Order [Doc. #382] and to Vacate Hearing Concerning Same; denying as moot 382 Motion for Protective Order and the hearing set for 9/2/08, is VACATED., by Magistrate Judge Boyd N. Boland on 8/29/08.(jmp, ) Modified on 8/29/2008 to indicate that hearing is vacated(jmp, ).

Aug. 29, 2008

Aug. 29, 2008

RECAP
388

ORDER granting 372 Stipulated Motion to Amend/Correct/Modify Caption. Signed by Judge Marcia S. Krieger on 9/29/08.(msksec, )

Sept. 29, 2008

Sept. 29, 2008

RECAP
397

ORDER granting 396 Motion for Dismissal. The Court hereby dismisses Plaintiffs Amended Complaint, as well as all claims related thereto, whether pled or unpled, and all defenses to said claims, whether pled or unpled, with prejudice, each party to pay his, her or its own attorney fees and costs. The Clerk shall close this case. Signed by Judge Marcia S. Krieger on 12/17/08.(jmp, )

Dec. 17, 2008

Dec. 17, 2008

RECAP

Case Details

State / Territory: Colorado

Case Type(s):

Jail Conditions

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

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably 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:

Failure to discipline

Failure to train

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run