Case: Acks v. City and County of Denver

1:09-cv-02197 | U.S. District Court for the District of Colorado

Filed Date: Aug. 19, 2009

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On August 19, 2009, the ACLU filed a lawsuit on behalf of a group of people who had been detained by police during a political demonstration during the Democratic National Convention. During the early evening hours of the first day of the DNC, a solid line of riot-equipped police shut down a protest march as it proceeded on 15th Street and the adjoining sidewalks in downtown Denver. The lawsuit asserts that Denver carried out an arbitrary and groundless mass arrest, without probable cause, of 9…

On August 19, 2009, the ACLU filed a lawsuit on behalf of a group of people who had been detained by police during a political demonstration during the Democratic National Convention. During the early evening hours of the first day of the DNC, a solid line of riot-equipped police shut down a protest march as it proceeded on 15th Street and the adjoining sidewalks in downtown Denver. The lawsuit asserts that Denver carried out an arbitrary and groundless mass arrest, without probable cause, of 96 individuals, knowing that the group included numerous innocent persons, including the eight individual Plaintiffs in this case. Arrestees were locked into holding cells at a Denver warehouse converted into a detention facility for DNC-related arrests. At that detention facility, Denver refused to allow attorneys to meet with or speak with any of the arrestees.

The lawsuit seeks damages for the eight plaintiffs who were falsely arrested in violation of their rights under the First and Fourth Amendments. Pursuant to a Colorado statute that requires jailers to allow arrestees to meet with attorneys, C.R.S. § 16-3-404, the ACLU lawyers also sued on behalf of all individuals who were ensnared in the mass arrest on 15th Street and detained at Denver's detention facility.

On September 15, 2009, the lawsuit was removed to the U.S. District Court for the District of Colorado. On April 15, 2010, the defendants filed a motion to consolidate this suit and another lawsuit on the same issue, which was granted on May 19, 2010. On April 29, 2010, the plaintiffs filed a motion for class certification; Judge Richard P. Matsch granted the plaintiffs' motion for class certification on August 26, 2010.

On December 17, 2010, the defendants filed a motion for summary judgement based on qualified immunity. Two of the named defendants were dismissed before the hearing on the summary judgement motion; however, Judge Matsch denied the other defendants' motion for summary judgement on May 9, 2011.

The parties eventually reached an agreement, and on October 13, 2011, Judge Matsch released an order approving the class action settlement. This included $20 for each member of the class, and if the Denver Sheriff Department used a temporary processing facility for any reason, “that facility and its physical capabilities and available DSD resources and personnel will be analyzed to determine if attorney visits are feasible at the facility.”

This case is now closed.

Summary Authors

Kristen Sagar (10/19/2009)

Kat Brausch (6/21/2016)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5021711/parties/acks-v-city-and-county-of-denver/


Judge(s)

Matsch, Richard Paul (Colorado)

Attorneys(s) for Plaintiff

Benezra, Seth J. (Colorado)

Culver, John A. (Colorado)

Heymann, Lonn M. (Colorado)

Pendergrass, Taylor Scott (Colorado)

Silverstein, Mark (Colorado)

Wallace, Rebecca Teitelbaum (Colorado)

Attorneys(s) for Defendant

Fahlsing, Gillian Marie (Colorado)

Rice, Thomas Sullivan (Colorado)

Judge(s)

Matsch, Richard Paul (Colorado)

Attorneys(s) for Plaintiff

Benezra, Seth J. (Colorado)

Culver, John A. (Colorado)

Heymann, Lonn M. (Colorado)

Pendergrass, Taylor Scott (Colorado)

Silverstein, Mark (Colorado)

Wallace, Rebecca Teitelbaum (Colorado)

Attorneys(s) for Defendant

Fahlsing, Gillian Marie (Colorado)

Rice, Thomas Sullivan (Colorado)

Documents in the Clearinghouse

Document

1:09-cv-02197

Docket

Oct. 15, 2012

Oct. 15, 2012

Docket

09-CV-8007

Complaint and Jury Demand

Colorado state trial court

Aug. 19, 2009

Aug. 19, 2009

Complaint
47

1:09-cv-02197

First Amended Complaint

June 9, 2010

June 9, 2010

Complaint
67

1:09-cv-02197

Order [granting motion to certify class]

Aug. 26, 2010

Aug. 26, 2010

Order/Opinion
103-1

1:09-cv-02197

Settlement Agreement

July 25, 2011

July 25, 2011

Settlement Agreement
111

1:09-cv-02197

Order [granting approval of class action settlement agreement]

Oct. 13, 2011

Oct. 13, 2011

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5021711/acks-v-city-and-county-of-denver/

Last updated Aug. 27, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from Denver City and County District Court, Case Number 2009cv8007. ( Filing fee $ 350 Receipt Number 22006), filed by City and County of Denver. (Attachments: # 1 Pleading Index, # 2 Exhibit A- Complaint, # 3 Exhibit B- Delay Reduction Order, # 4 Exhibit C- State Cover Sheet, # 5 Exhibit D- Return of Service, # 6 State Court Removal, # 7 Civil Cover Sheet, # 8 Supplemental Civil Cover Sheet, # 9 Receipt)(jak, ) (Entered: 09/16/2009)

Sept. 15, 2009

Sept. 15, 2009

PACER
2

COMPLAINT against City and County of Denver, Deborah Dilley, Anthony Foster, Anthony Martinez, filed by Ian Morrison, Blake Pendergrass, Kim Sidwell, Nathan Acks, Tiffany Bray, Chase Goll, Eli Hardy, Aminah Masud. Text only entry-no document attached.(jak, ) (Entered: 09/16/2009)

Sept. 15, 2009

Sept. 15, 2009

PACER
3

SUMMONS Returned Executed by Ian Morrison, Blake Pendergrass, Kim Sidwell, Nathan Acks, Tiffany Bray, Chase Goll, Eli Hardy, Aminah Masud. City and County of Denver served on 8/26/2009, answer due 9/15/2009. Text only entry-no document attached. (jak, ) (Entered: 09/16/2009)

Sept. 15, 2009

Sept. 15, 2009

PACER
4

NOTICE of Filing Verified Notice of Removal, by Defendant City and County of Denver (jak, ) (Entered: 09/16/2009)

Sept. 15, 2009

Sept. 15, 2009

PACER
5

CERTIFICATION that Notice of Removal Was Filed in State Court, by Defendant City and County of Denver. (jak, ) (Entered: 09/16/2009)

Sept. 15, 2009

Sept. 15, 2009

PACER
6

Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond re 2 Complaint, by Plaintiffs Ian Morrison, Blake Pendergrass, Kim Sidwell, Nathan Acks, Tiffany Bray, Chase Goll, Eli Hardy, Aminah Masud, Defendant City and County of Denver. (Fahlsing, Gillian) (Entered: 09/16/2009)

Sept. 16, 2009

Sept. 16, 2009

PACER
7

Utility Setting/Resetting Deadlines/Hearings: City and County of Denver answer due 10/13/2009 pursuant to the Stipulation for Extension filed on 09/16/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (jjh, ) (Entered: 09/16/2009)

Sept. 16, 2009

Sept. 16, 2009

PACER
8

CERTIFICATE of Mailing/Service by Defendant City and County of Denver. (Fahlsing, Gillian) (Entered: 09/18/2009)

Sept. 18, 2009

Sept. 18, 2009

PACER
9

WAIVER OF SERVICE Returned Executed by all plaintiffs. Anthony Foster waiver sent on 9/16/2009, answer due 11/15/2009. (Culver, John) Modified on 9/30/2009 to correct date of service and answer due date (jjh, ). (Entered: 09/28/2009)

Sept. 28, 2009

Sept. 28, 2009

PACER
10

WAIVER OF SERVICE Returned Executed by Anthony Martinez. Anthony Martinez waiver sent on 9/16/2009, answer due 11/15/2009. (Culver, John) Modified on 9/30/2009to correct date of service and answer due date (jjh, ). (Entered: 09/28/2009)

Sept. 28, 2009

Sept. 28, 2009

PACER
11

WAIVER OF SERVICE Returned Executed by Deborah Dilley. Deborah Dilley waiver sent on 9/16/2009, answer due 11/15/2009. (Culver, John) Modified on 9/30/2009 to correct date of service and answer due date (jjh, ). (Entered: 09/28/2009)

Sept. 28, 2009

Sept. 28, 2009

PACER
12

Utility Setting/Resetting Deadlines/Hearings: Deborah Dilley answer due 11/15/2009; Anthony Foster answer due 11/15/2009; Anthony Martinez answer due 11/15/2009. Pursuant to the Waiver of Service filed on 09/28/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (jjh, ) (Entered: 09/30/2009)

Sept. 28, 2009

Sept. 28, 2009

PACER
13

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 2 Complaint, by Defendant City and County of Denver. (Attachments: # 1 Proposed Order (PDF Only))(Rice, Thomas) (Entered: 10/13/2009)

Oct. 13, 2009

Oct. 13, 2009

PACER
14

ORDER Granting 13 Motion for Extension of Time to Answer or Otherwise Respond, City and County of Denver answer due 11/15/2009, signed by Judge Richard P. Matsch on 10/14/2009.(rpmcd) (Entered: 10/14/2009)

Oct. 14, 2009

Oct. 14, 2009

PACER
15

ANSWER to 2 Complaint, by City and County of Denver, Deborah Dilley, Anthony Foster, Anthony Martinez.(Rice, Thomas) (Entered: 11/13/2009)

Nov. 13, 2009

Nov. 13, 2009

PACER
16

NOTICE of Change of Address for Rosenthal & Heymann, LLC by Lonn M. Heymann (Heymann, Lonn) (Entered: 11/16/2009)

Nov. 16, 2009

Nov. 16, 2009

PACER
17

ORDER Setting Scheduling Conference for 1/20/2010 at 10:30 AM in Conference Room and proposed order (original only) on paper, shall be submitted directly to chambers by 4:00 p.m. on January 14, 2010, signed by Judge Richard P. Matsch on 11/17/2009. (rpmcd) (Entered: 11/17/2009)

Nov. 17, 2009

Nov. 17, 2009

RECAP
18

NOTICE of Entry of Appearance by Mark Silverstein on behalf of all plaintiffs (Silverstein, Mark) (Entered: 11/19/2009)

Nov. 19, 2009

Nov. 19, 2009

PACER
19

NOTICE of Change of Firm Name by Plaintiffs Ian Morrison, Blake Pendergrass, Kim Sidwell, Nathan Acks, Tiffany Bray, Chase Goll, Eli Hardy, Aminah Masud (Culver, John) (Entered: 01/07/2010)

Jan. 7, 2010

Jan. 7, 2010

PACER
20

Unopposed MOTION to Reset Scheduling Conference by Defendants City and County of Denver, Deborah Dilley, Anthony Foster, Anthony Martinez. (Rice, Thomas) (Entered: 01/13/2010)

Jan. 13, 2010

Jan. 13, 2010

PACER
21

Minute ORDER granting 20 Motion to Reset Scheduling Conference for 1/21/2010 02:30 PM in Conference Room before Judge Richard P. Matsch by Judge Richard P. Matsch on 01/13/10.(jjh, ) (Entered: 01/13/2010)

Jan. 13, 2010

Jan. 13, 2010

PACER
22

Unopposed MOTION for Protective Order and Entry of Stipulation by Defendants City and County of Denver, Deborah Dilley, Anthony Foster, Anthony Martinez. (Attachments: # 1 Proposed Order (PDF Only) Stipulation and Protective Order)(Fahlsing, Gillian) (Entered: 01/19/2010)

Jan. 19, 2010

Jan. 19, 2010

PACER
23

Unopposed MOTION for Extension of Time to Submit Written Discovery Responses by Defendants City and County of Denver, Deborah Dilley, Anthony Foster, Anthony Martinez. (Fahlsing, Gillian) (Entered: 01/19/2010)

Jan. 19, 2010

Jan. 19, 2010

PACER
24

ORDER granting 23 Defendants' Unopposed Motion for Extension of Time toSubmit Written Discovery Responses to and including February 16, 2010, signed by Judge Richard P. Matsch on 1/20/2010.(rpmcd) (Entered: 01/20/2010)

Jan. 20, 2010

Jan. 20, 2010

PACER
25

STIPULATION for Extension of Time to Respond to Defendants' First Set of Interrogatories and Requests for Production of Documents to Plaintiffs by Plaintiffs Ian Morrison, Blake Pendergrass, Kim Sidwell, Nathan Acks, Tiffany Bray, Chase Goll, Eli Hardy, Aminah Masud, Defendants City and County of Denver, Deborah Dilley, Anthony Foster, Anthony Martinez. (Culver, John) (Entered: 01/20/2010)

Jan. 20, 2010

Jan. 20, 2010

PACER
26

Stipulated PROTECTIVE ORDER re: 22, signed by Judge Richard P. Matsch on 1/20/2010. (rpmcd) (Entered: 01/20/2010)

Jan. 20, 2010

Jan. 20, 2010

RECAP
27

SCHEDULING ORDER: Discovery due by 8/13/2010. Dispositive Motions due by 9/10/2010 by Judge Richard P. Matsch on 01/21/10. (jjh, ) (Entered: 01/21/2010)

Jan. 21, 2010

Jan. 21, 2010

PACER
28

Minute Entry - Courtroom Minutes for Scheduling Conference held on 1/21/2010 before Judge Richard P. Matsch. ORDERED: Scheduling Order approved. (Reporter FTR - K. Terasaki) (rpmcd) (Entered: 01/21/2010)

Jan. 21, 2010

Jan. 21, 2010

PACER
29

Unopposed MOTION for Extension of Time to File Motion for Class Certification by Plaintiffs Nathan Acks, Tiffany Bray, Chase Goll, Eli Hardy, Aminah Masud, Ian Morrison, Blake Pendergrass, Kim Sidwell. (Attachments: # 1 Proposed Order (PDF Only))(Culver, John) (Entered: 04/07/2010)

April 7, 2010

April 7, 2010

PACER
30

ORDER granting 29 Motion for Extension of Time Within Which to file Motion for Class Certification. Plaintiffs' Motion for Class Certification on plaintiffs' claim for violation of C.R.S. ยง 16-3-404 will be due no later than 04/29/10 by Judge Richard P. Matsch on 04/08/10.(jjh, ) (Entered: 04/08/2010)

April 8, 2010

April 8, 2010

PACER
31

MOTION to Consolidate Cases by Defendants City and County of Denver, Deborah Dilley, Anthony Foster, Anthony Martinez. (Fahlsing, Gillian) (Entered: 04/15/2010)

April 15, 2010

April 15, 2010

PACER
32

MOTION to Certify Class by Plaintiffs Nathan Acks, Tiffany Bray, Chase Goll, Eli Hardy, Aminah Masud, Ian Morrison, Blake Pendergrass, Kim Sidwell. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q)(Culver, John) (Entered: 04/29/2010)

April 29, 2010

April 29, 2010

PACER
33

RESPONSE to 31 MOTION to Consolidate Cases filed by Plaintiffs Nathan Acks, Tiffany Bray, Chase Goll, Eli Hardy, Aminah Masud, Ian Morrison, Blake Pendergrass, Kim Sidwell. (Heymann, Lonn) (Entered: 05/10/2010)

May 10, 2010

May 10, 2010

PACER
34

Minute ORDER Setting Hearing on 31 MOTION to Consolidate Cases with Civil Action 10-cv-00629-PAB-KMT is set for 5/19/2010 at 02:00 PM in Courtroom A, by Judge Richard P. Matsch on 5/13/2010. (rpmcd) (Entered: 05/13/2010)

May 13, 2010

May 13, 2010

PACER
35

REPLY to Response to 31 MOTION to Consolidate Cases filed by Defendants City and County of Denver, Deborah Dilley, Anthony Foster, Anthony Martinez. (Fahlsing, Gillian) (Entered: 05/17/2010)

May 17, 2010

May 17, 2010

PACER
36

RESPONSE to 31 MOTION to Consolidate Cases Amended filed by Plaintiffs Nathan Acks, Tiffany Bray, Chase Goll, Eli Hardy, Aminah Masud, Ian Morrison, Blake Pendergrass, Kim Sidwell. (Heymann, Lonn) (Entered: 05/18/2010)

May 18, 2010

May 18, 2010

PACER
37

Unopposed MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Certify Class by Defendants City and County of Denver, Deborah Dilley, Anthony Foster, Anthony Martinez. (Fahlsing, Gillian) (Entered: 05/19/2010)

May 19, 2010

May 19, 2010

PACER
38

Minute Entry - Courtroom Minutes for Motion Hearing held on 5/19/2010 before Judge Richard P. Matsch. ORDERED: Defendants' Motion to Consolidate, April 15, 2010 31, is granted. Case 10-cv-00629-PAB is consolidated with 09-cv-02197 as the lead case. Order of Reference to Magistrate Judge entered March 19, 2010 2 in 10-cv-00629-PAB-KMT and all other Orders entered therein are vacated. Defendants' Unopposed Motion for Extension of Time to File Response to Plaintiffs' Motion for Class Certification, filed May 19, 2010 37, is granted and defendants shall file a response by June 7, 2010. (Reporter FTR - K. Terasaki) (rpmcd) (Entered: 05/19/2010)

May 19, 2010

May 19, 2010

RECAP
39

ORDER for Consolidation. Pursuant to the hearing held on 05/19/10 the defendants motion to consolidate civil actions, filed in Civil Action 09-cv-02197-RPM, seeking consolidation with Civil Action 10-cv-00629-PAB-KMT. ORDERED that these civil actions are consolidated and will proceed under the above caption. ORDERED that the order of reference to Magistrate Judge Tafoya in 10-cv-00629-PAB-KMT is vacated by Judge Richard P. Matsch on 05/19/10. (jjh, ) (Entered: 05/20/2010)

May 19, 2010

May 19, 2010

RECAP
40

First MOTION to Amend/Correct/Modify Complaint and Jury Demand by Consol Plaintiff Jacob Sternberg. (Attachments: # 1 Proposed Document First Amended Complaint and Jury Demand, # 2 Proposed Order (PDF Only) Proposed Order)(Muhaisen, Wadi) (Entered: 05/21/2010)

May 21, 2010

May 21, 2010

PACER
41

ORDER Granting 40 Unopposed Motion for Leave to File His First Amended Complaint with Jury Demand and (attached)is hereby deemed accepted as filed this date, signed by Judge Richard P. Matsch on 5/24/2010.(rpmcd) (Entered: 05/24/2010)

May 24, 2010

May 24, 2010

RECAP
42

First AMENDED COMPLAINT and Jury Demand against City and County of Denver, Dilley, Doe, Foster, and Martinez filed by Jacob Sternberg.(jjh, ) Modified on 5/25/2010 to correct spelling error and add parties to text (jjh, ). (Entered: 05/24/2010)

May 24, 2010

May 24, 2010

PACER
43

ANSWER to 42 Amended Complaint by City and County of Denver, Deborah Dilley, Anthony Foster, Anthony Martinez.(Fahlsing, Gillian) (Entered: 06/07/2010)

June 7, 2010

June 7, 2010

PACER
44

RESPONSE to 32 MOTION to Certify Class filed by Defendants City and County of Denver, Deborah Dilley, Anthony Foster, Anthony Martinez. (Fahlsing, Gillian) (Entered: 06/07/2010)

June 7, 2010

June 7, 2010

PACER
45

Unopposed MOTION to Amend/Correct/Modify 2 Complaint, by Plaintiffs Nathan Acks, Tiffany Bray, Chase Goll, Eli Hardy, Aminah Masud, Ian Morrison, Blake Pendergrass, Kim Sidwell. (Attachments: # 1 Proposed Document Plaintiffs' First Amended Complaint and Jury Demand, # 2 Proposed Order (PDF Only) Granting Plaintiffs' Unopposed Motion to Amend Complaint)(Culver, John) (Entered: 06/08/2010)

June 8, 2010

June 8, 2010

PACER
46

ORDER Granting 45 Motion to Amend 2 Complaint. Plaintiffs' First Amended Complaint and Jury Demand attached thereto is accepted for filing, signed by Judge Richard P. Matsch on 6/9/2010.(rpmcd ) (Entered: 06/09/2010)

June 9, 2010

June 9, 2010

RECAP
47

First AMENDED COMPLAINT and Jury Demand against City and County of Denver, Deborah Dilley, Anthony Foster, Anthony Martinez, William Lovingier, filed by Ian Morrison, Tiffany Bray, Eli Hardy, Aminah Masud, Kim Sidwell, Nathan Acks, Blake Pendergrass, Chase Goll.(jjh, ) (Entered: 06/09/2010)

June 9, 2010

June 9, 2010

PACER
48

Unopposed MOTION to Amend/Correct/Modify 27 Scheduling Order to Extend Discovery Cutoff and Dispositive Motion Deadlines by Plaintiffs Nathan Acks, Tiffany Bray, Chase Goll, Eli Hardy, Aminah Masud, Ian Morrison, Blake Pendergrass, Kim Sidwell. (Attachments: # 1 Proposed Order (PDF Only) Granting Plaintiffs' Unopposed Motion to Amend Scheduling Order to Extend Discovery Cutoff and Dispositive Motion Deadlines)(Culver, John) (Entered: 06/15/2010)

June 15, 2010

June 15, 2010

PACER
49

Unopposed MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Certify Class by Plaintiffs Nathan Acks, Tiffany Bray, Chase Goll, Eli Hardy, Aminah Masud, Ian Morrison, Blake Pendergrass, Kim Sidwell. (Attachments: # 1 Proposed Order (PDF Only) Granting Plaintiffs' Unopposed Motion for Extension of Time Within Which to File Reply in Support of Plaintiffs' Motion for Class Certification)(Culver, John) (Entered: 06/15/2010)

June 15, 2010

June 15, 2010

PACER
50

ORDER Granting 49 Plaintiffs' Unopposed Motion for Extension of Time Within Which to File Reply in Support of Plaintiffs' 32 Motion for Class Certification. Plaintiffs. Reply is now due July 2, 2010, signed by Judge Richard P. Matsch on 6/16/2010.(rpmcd ) (Entered: 06/16/2010)

June 16, 2010

June 16, 2010

PACER
51

ORDER Granting 48 Unopposed Motion to Amend 27 Scheduling Order to Extend Discovery Cutoff and Dispositive Motion Deadlines. Discovery due by 8/23/2010. Dispositive Motions due by 10/10/2010. Signed by Judge Richard P. Matsch on 6/16/2010.(rpmcd ) (Entered: 06/16/2010)

June 16, 2010

June 16, 2010

RECAP
52

ANSWER to 47 Amended Complaint, by City and County of Denver, Deborah Dilley, Anthony Foster, Anthony Martinez.(Fahlsing, Gillian) (Entered: 06/23/2010)

June 23, 2010

June 23, 2010

PACER
53

REPLY to Response to 32 MOTION to Certify Class filed by Plaintiffs Nathan Acks, Tiffany Bray, Chase Goll, Eli Hardy, Aminah Masud, Ian Morrison, Blake Pendergrass, Kim Sidwell. (Culver, John) (Entered: 07/02/2010)

July 2, 2010

July 2, 2010

PACER
54

ANSWER to 47 Amended Complaint, by William Lovingier.(Fahlsing, Gillian) (Entered: 07/09/2010)

July 9, 2010

July 9, 2010

PACER
55

Joint MOTION to Amend/Correct/Modify 27 Scheduling Order to Extend Discovery Cutoff and Dispositive Motion Deadlines by Plaintiffs Nathan Acks, Tiffany Bray, Chase Goll, Eli Hardy, Aminah Masud, Ian Morrison, Blake Pendergrass, Kim Sidwell, Defendants City and County of Denver, Deborah Dilley, Anthony Foster, William Lovingier, Anthony Martinez, Consol Plaintiff Jacob Sternberg. (Attachments: # 1 Proposed Order (PDF Only))(Fahlsing, Gillian) (Entered: 07/16/2010)

July 16, 2010

July 16, 2010

PACER
56

ORDER Granting 55 Joint Motion to Amend 27 Scheduling Order. Discovery due by 9/22/2010. Dispositive Motions due by 10/22/2010. Signed by Judge Richard P. Matsch on 7/19/2010.(rpmcd) (Entered: 07/19/2010)

July 19, 2010

July 19, 2010

RECAP
57

Minute ORDER Setting Hearing on 32 MOTION to Certify Class for 8/20/2010 at 10:30 AM in Courtroom A by Judge Richard P. Matsch on 7/20/2010. (rpmcd ) (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

PACER
58

Motion for Leave to file Second Amended Complaint against All Defendants, filed by Jacob Sternberg. (Attachments: # 1 Proposed Order (PDF Only), # 2 Proposed Document)(Muhaisen, Wadi) Modified on 7/21/2010 to change into a Motion (jjh, ). (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

PACER
59

Docket Annotation re: 58 MOTION for Leave to. Modifed to change into a Motion for Leave to file Amended Complaint. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (jjh, ) (Entered: 07/21/2010)

July 21, 2010

July 21, 2010

PACER
60

ORDER Granting 58 Plaintiff Jacob Sternberg's Unopposed Motion for Leave to File His Second Amended Complaint with Jury Demand re 47 and attached thereto is accepted for filing, signed by Judge Richard P. Matsch on 7/21/2010.(rpmcd ) (Entered: 07/21/2010)

July 21, 2010

July 21, 2010

RECAP
61

Second AMENDED COMPLAINT and Jury Demand against City and County of Denver, Deborah Dilley, Anthony Foster, William Lovingier, Anthony Martinez, filed by Jacob Sternberg.(jjh, ) (Entered: 07/21/2010)

July 21, 2010

July 21, 2010

PACER
62

WAIVER OF SERVICE Returned Executed by Jacob Sternberg. William Lovingier waiver sent on 7/20/2010, answer due 9/20/2010. (Muhaisen, Wadi) (Entered: 08/02/2010)

Aug. 2, 2010

Aug. 2, 2010

PACER
63

Unopposed MOTION to Withdraw as Attorney by Plaintiffs Nathan Acks, Tiffany Bray, Chase Goll, Eli Hardy, Aminah Masud, Ian Morrison, Blake Pendergrass, Kim Sidwell. (Attachments: # 1 Proposed Order (PDF Only) Granting Unopposed Motion to Withdraw of Taylor S. Pendergrass as Counsel for Plaintiffs)(Silverstein, Mark) (Entered: 08/02/2010)

Aug. 2, 2010

Aug. 2, 2010

PACER
64

ORDER granting 63 Motion to Withdraw as Attorney. Attorney Taylor Scott Pendergrass is withdrawn and his electronic service is terminated, by Judge Richard P. Matsch on 8/2/2010.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (rpmcd) (Entered: 08/02/2010)

Aug. 2, 2010

Aug. 2, 2010

PACER
65

ANSWER to 61 Amended Complaint by City and County of Denver, Deborah Dilley, Anthony Foster, William Lovingier, Anthony Martinez.(Fahlsing, Gillian) (Entered: 08/20/2010)

Aug. 20, 2010

Aug. 20, 2010

PACER
66

Minute Entry - Courtroom Minutes for Motion Hearing held on 8/20/2010 before Judge Richard P. Matsch. ORDERED: Plaintiffs' Motion for Class Certification, filed April 29, 2010 32 is granted and counsel shall submit a proposed order with a class definition as discussed.(Reporter FTR - K. Terasaki) (rpmcd) (Entered: 08/20/2010)

Aug. 20, 2010

Aug. 20, 2010

RECAP
67

ORDER Granting re: 32 MOTION to Certify Class (see Order for class definition), signed by Judge Richard P. Matsch on 8/26/2010. (rpmcd) (Entered: 08/26/2010)

Aug. 26, 2010

Aug. 26, 2010

RECAP
68

Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by Defendants City and County of Denver, Deborah Dilley, Anthony Foster, William Lovingier, Anthony Martinez. (Attachments: # 1 Proposed Order (PDF Only))(Fahlsing, Gillian) (Entered: 10/21/2010)

Oct. 21, 2010

Oct. 21, 2010

PACER
69

ORDER Granting 68 Defendants' Unopposed Motion for Extension of Time to FileMotion for Summary Judgment, to 11/1/2010, signed by Judge Richard P. Matsch on 10/22/2010.(rpmcd ) (Entered: 10/22/2010)

Oct. 22, 2010

Oct. 22, 2010

PACER
70

MOTION for Summary Judgment Based on Qualified Immunity and Memorandum Brief in Support Thereof by Defendants City and County of Denver, Deborah Dilley, Anthony Foster, William Lovingier, Anthony Martinez. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit A-3, # 4 Exhibit B-1, # 5 Exhibit B-2, # 6 Exhibit B-3, # 7 Exhibit B-4, # 8 Exhibit B-5, # 9 Exhibit B-6, # 10 Exhibit B-7, # 11 Exhibit B-8, # 12 Exhibit B-9, # 13 Exhibit B-10, # 14 Exhibit B-11, # 15 Exhibit B-12, # 16 Exhibit B-13, # 17 Exhibit B-14, # 18 Exhibit B-15, # 19 Exhibit B-16, # 20 Exhibit B-17, # 21 Exhibit C-1, # 22 Exhibit C-2, # 23 Exhibit C-3, # 24 Exhibit C-4, # 25 Exhibit C-5, # 26 Exhibit C-6, # 27 Exhibit C-7, # 28 Exhibit C-8, # 29 Exhibit C-9, # 30 Exhibit D-1, # 31 Exhibit D-2, # 32 Exhibit D-3, # 33 Exhibit D-4, # 34 Exhibit D-5, # 35 Exhibit D-6, # 36 Exhibit D-7, # 37 Exhibit D-8, # 38 Exhibit D-9, # 39 Exhibit D-10)(Fahlsing, Gillian) (Entered: 11/01/2010)

Nov. 1, 2010

Nov. 1, 2010

PACER
71

NOTICE of Entry of Appearance by Rebecca Teitelbaum Wallace on behalf of All Plaintiffs (Wallace, Rebecca) (Entered: 11/09/2010)

Nov. 9, 2010

Nov. 9, 2010

PACER
72

Unopposed MOTION for Extension of Time to File Response/Reply as to 70 MOTION for Summary Judgment Based on Qualified Immunity and Memorandum Brief in Support Thereof by Plaintiffs Nathan Acks, Tiffany Bray, Chase Goll, Eli Hardy, Aminah Masud, Ian Morrison, Blake Pendergrass, Kim Sidwell. (Attachments: # 1 Proposed Order (PDF Only) Granting Plaintiffs' Unopposed Motion for Extension of Time to Submit Response to Defendants' Combined Motion for Summary Judgment (Doc. No. 70))(Culver, John) (Entered: 11/19/2010)

Nov. 19, 2010

Nov. 19, 2010

PACER
73

First MOTION for Extension of Time to File Response/Reply as to 70 MOTION for Summary Judgment Based on Qualified Immunity and Memorandum Brief in Support Thereof by Consol Plaintiff Jacob Sternberg. (Attachments: # 1 Proposed Order (PDF Only))(Muhaisen, Wadi) (Entered: 11/19/2010)

Nov. 19, 2010

Nov. 19, 2010

PACER
74

ORDER Granting 72 and 73 Motions for Extension of Time to File Responses to Defendants' Combined 70 Motion for Summary Judgment. Plaintiffs responses due to and including December 17, 2010, signed by Judge Richard P. Matsch on 11/22/2010.(rpmcd) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER
75

RESPONSE to 70 MOTION for Summary Judgment Based on Qualified Immunity and Memorandum Brief in Support Thereof filed by Plaintiffs Nathan Acks, Tiffany Bray, Chase Goll, Eli Hardy, Aminah Masud, Ian Morrison, Blake Pendergrass, Kim Sidwell. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Exhibit, # 41 Exhibit, # 42 Exhibit)(Culver, John) (Entered: 12/17/2010)

Dec. 17, 2010

Dec. 17, 2010

PACER
76

EXHIBIT O to RESPONSE to 70 MOTION for Summary Judgment Based on Qualified Immunity and Memorandum Brief in Support Thereof filed by Plaintiffs Nathan Acks, Tiffany Bray, Chase Goll, Eli Hardy, Aminah Masud, Ian Morrison, Blake Pendergrass, Kim Sidwell. (Attachments: # 1 Exhibit)(Culver, John) Modified on 12/20/2010 to note that this response was dupilicate of document #75 and only to add Exhibit O (jjh, ). (Entered: 12/17/2010)

Dec. 17, 2010

Dec. 17, 2010

PACER
77

Unopposed MOTION for Extension of Time to File Response/Reply as to 70 MOTION for Summary Judgment Based on Qualified Immunity and Memorandum Brief in Support Thereof by Defendants City and County of Denver, Deborah Dilley, Anthony Foster, William Lovingier, Anthony Martinez. (Attachments: # 1 Proposed Order (PDF Only))(Fahlsing, Gillian) (Entered: 12/23/2010)

Dec. 23, 2010

Dec. 23, 2010

PACER
78

ORDER granting 77 Motion for Extension of Time to File Reply by 01/14/11 by Judge Richard P. Matsch on 12/23/10.(jjh, ) (Entered: 12/23/2010)

Dec. 23, 2010

Dec. 23, 2010

PACER
79

REPLY to Response to 70 MOTION for Summary Judgment Based on Qualified Immunity and Memorandum Brief in Support Thereof filed by Defendants City and County of Denver, Deborah Dilley, Anthony Foster, William Lovingier, Anthony Martinez. (Attachments: # 1 Exhibit B-18)(Fahlsing, Gillian) (Entered: 01/14/2011)

Jan. 14, 2011

Jan. 14, 2011

PACER
80

Minute ORDER Setting Hearing on 70 MOTION for Summary Judgment for 4/21/2011 at 02:00 PM in Courtroom A, by Judge Richard P. Matsch on 2/9/2011. (rpmcd ) (Entered: 02/09/2011)

Feb. 9, 2011

Feb. 9, 2011

PACER
81

NOTICE of Firm Name Change by Plaintiffs Nathan Acks, Tiffany Bray, Chase Goll, Eli Hardy, Aminah Masud, Ian Morrison, Blake Pendergrass, Kim Sidwell (Heymann, Lonn) (Entered: 03/23/2011)

March 23, 2011

March 23, 2011

PACER
82

Minute Entry - Courtroom Minutes for Motion Hearing held on 4/21/2011 before Judge Richard P. Matsch. ORDERED: Defendant Anthony Martinez is dismissed. Motion for Summary Judgment Based upon Qualified Immunity, filed November 1,2010 70, stands submitted and is taken under advisement.(FTR: K. Terasaki) (rpmcd) (Entered: 04/21/2011)

April 21, 2011

April 21, 2011

RECAP
83

ORDER Denying 70 Defendants' Motion for Summary Judgment, by Judge Richard P. Matsch on 5/9/2011.(rpmcd) (Entered: 05/09/2011)

May 9, 2011

May 9, 2011

RECAP
84

ORDER Dismissing Third Claim for Relief Against Undersheriff William Lovingier.Summary judgment of dismissal of the third claim for relief is granted. Undersheriff William Lovingier is dismissed as a defendant in this civil action, by Judge Richard P. Matsch on 5/9/2011. (rpmcd ) (Entered: 05/09/2011)

May 9, 2011

May 9, 2011

RECAP
85

ORDER Setting Pretrial Conference for 6/17/2011 at 11:00 AM in Conference Room and proposed Final Pretrial Order, original only, shall be delivered in paper form directly to chambers by 4:00 p.m. on June 9, 2011, by Judge Richard P. Matsch on 5/19/2011. (rpmcd) (Entered: 05/19/2011)

May 19, 2011

May 19, 2011

RECAP
86

Utility Setting/Resetting Deadlines/Hearings: Proposed Pretrial Order due by 6/9/2011. Pursuant to the Order signed on 05/19/11. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (jjh, ) (Entered: 05/20/2011)

May 19, 2011

May 19, 2011

PACER
87

NOTICE OF APPEAL as to 83 Order on Motion for Summary Judgment by Defendants Deborah Dilley, Anthony Foster (Fahlsing, Gillian) (Entered: 06/07/2011)

June 7, 2011

June 7, 2011

PACER
88

MOTION to Stay Proceedings by Defendants City and County of Denver, Deborah Dilley, Anthony Foster. (Fahlsing, Gillian) (Entered: 06/07/2011)

June 7, 2011

June 7, 2011

PACER
89

LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 87 Notice of Appeal filed by Anthony Foster, Deborah Dilley to the U.S. Court of Appeals. (Retained counsel; Fee not paid) (Attachments: # 1 Docket Sheet, # 2 Preliminary Record including Notice of Appeal)(bjrsl, ) (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

PACER
90

USCA Case Number 11-1259 for 87 Notice of Appeal filed by Anthony Foster, Deborah Dilley. (bjrsl, ) (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

PACER
91

USCA Appeal Fees (USCA Case No. 11-1259); received payment of $455, receipt number 38561 re 87 Notice of Appeal filed by Anthony Foster, Deborah Dilley (bjrsl, ) (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

PACER
92

NOTICE of Settlement by Plaintiffs Nathan Acks, Tiffany Bray, Chase Goll, Eli Hardy, Aminah Masud, Ian Morrison, Blake Pendergrass, Kim Sidwell (Culver, John) (Entered: 06/16/2011)

June 16, 2011

June 16, 2011

PACER
93

Minute Entry for Final Pretrial Conference proceedings held before Judge Richard P. Matsch on 6/17/2011. (FTR: K. Terasaki)(babia) (Entered: 06/20/2011)

June 17, 2011

June 17, 2011

PACER
94

Unopposed MOTION for Extension of Time to File Motion for Approval of Class Action Settlement and Notice to the Class by Plaintiffs Nathan Acks, Tiffany Bray, Chase Goll, Eli Hardy, Aminah Masud, Ian Morrison, Blake Pendergrass, Kim Sidwell. (Attachments: # 1 Proposed Order (PDF Only))(Culver, John) (Entered: 06/23/2011)

June 23, 2011

June 23, 2011

PACER
95

ORDER granting 94 Motion for Extension of Time to File Motion for Approval of Class Action Settlement and Notice to the Class by 07/11/11 by Judge Richard P. Matsch on 06/24/11.(jjh, ) (Entered: 06/27/2011)

June 27, 2011

June 27, 2011

PACER
96

RESPONSE to 88 MOTION to Stay Proceedings filed by Consol Plaintiff Jacob Sternberg. (Muhaisen, Wadi) (Entered: 06/27/2011)

June 27, 2011

June 27, 2011

PACER
97

NOTICE of Settlement by Defendants City and County of Denver, Deborah Dilley, Anthony Foster, William Lovingier, Anthony Martinez (Fahlsing, Gillian) (Entered: 07/01/2011)

July 1, 2011

July 1, 2011

PACER
98

Joint MOTION for Extension of Time to File Motion for Approval of Class Action Settlement and Notice to the Class by Plaintiffs Nathan Acks, Tiffany Bray, Chase Goll, Eli Hardy, Aminah Masud, Ian Morrison, Blake Pendergrass, Kim Sidwell, Defendants City and County of Denver, Deborah Dilley, Anthony Foster, William Lovingier, Anthony Martinez. (Attachments: # 1 Proposed Order (PDF Only))(Fahlsing, Gillian) (Entered: 07/07/2011)

July 7, 2011

July 7, 2011

PACER
99

ORDER Granting 98 Motion for Extension of Time. Plaintiffs shall have up to and including July 25, 2011 in which to file their Motion for Approval of Class Action Settlement and Notice to the Class, by Judge Richard P. Matsch on 7/8/2011.(rpmcd) (Entered: 07/08/2011)

July 8, 2011

July 8, 2011

PACER
100

Joint MOTION for Extension of Time to File Stipulation of Dismissal with Prejudice by Defendants City and County of Denver, Deborah Dilley, Anthony Foster, William Lovingier, Anthony Martinez, Consol Plaintiff Jacob Sternberg. (Attachments: # 1 Proposed Order (PDF Only))(Fahlsing, Gillian) (Entered: 07/15/2011)

July 15, 2011

July 15, 2011

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Aug. 19, 2009

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All individuals who were ensnared in the mass arrest on 15th Street and detained at Denver’s detention facility without access to an attorney.

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: Granted

Defendants

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

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 1680

Issues

General:

False arrest