Case: Ulibarri v. City and County of Denver

1:07-cv-01814 | U.S. District Court for the District of Colorado

Filed Date: Aug. 28, 2007

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On August 28, 2007, three deaf individuals and two deaf advocacy groups filed a complaint in the U.S. District Court for the District of Colorado against the City and County of Denver, under 42 U.S.C. § 1983, the Americans with Disabilities Act (ADA), and the Rehabilitation Act. The plaintiffs, represented by attorneys from the Colorado Cross-Disability Coalition, the Center for the Rights of Parents with Disabilities, and private counsel, asked the court for declaratory and injunctive relief, …

On August 28, 2007, three deaf individuals and two deaf advocacy groups filed a complaint in the U.S. District Court for the District of Colorado against the City and County of Denver, under 42 U.S.C. § 1983, the Americans with Disabilities Act (ADA), and the Rehabilitation Act. The plaintiffs, represented by attorneys from the Colorado Cross-Disability Coalition, the Center for the Rights of Parents with Disabilities, and private counsel, asked the court for declaratory and injunctive relief, money damages, and attorney's fees and costs, claiming that Denver violated the plaintiffs' rights when it denied them access to American Sign Language (ASL) interpreters, or other effective forms of communication, resulting in the death of one plaintiff and injury to the others.

The complaint alleged that each plaintiff, on separate occasions, was arrested and processed without the assistance of an ASL interpreter or provided an alternative means of communication during and after booking, resulting in harm. The first listed plaintiffs, a mother and the Estate of her son, claimed that the detention facility and jail where the decedent was held negligently caused the decedent's suicide. The Order on Pending Motions, 742 F. Supp. 2d 1192 (D. Colo. 2010) explains that the decedent was arrested on felony charges and subsequently processed and screened for mental health issues, with no noted concerns. After being held in the local jail for about a month, segregated from the general population and without access to a TTD phone, closed captioning television, or an ASL interpreter, the decedent hung himself. Nurse rounds note no concerns for depression or other possible mental illnesses, but these were not conducted through an interpreter.

The second listed individual on the complaint, hereinafter referred to as "K," was arrested at a Greyhound station after he got into a scuffle with a security guard. After being treated for a broken ankle, plaintiff K was processed and placed in a segregated cell at the local detention facility. He was arraigned the same day and pled guilty to three charges, without the assistance of counsel or an interpreter, and via handwritten notes.

The final plaintiff listed on the complaint, hereinafter referred to as "B," was arrested in her home on a bench warrant. According to the Order on Pending Motions, the police used her daughter and notes to communicate the reason for her arrest. Plaintiff B tried to communicate her diabetic condition and need for meds, but the officer refused to accept her medications. While waiting at the police station, her blood sugar became dangerously low but she remained unable to communicate her status to the police. was not given food or an interpreter to further discuss her medical needs. The jail released Plaintiff B at 2:00am, without affording her access to a functioning TTD phone to arrange transportation, and she returned home via train at 5:30am. She narrowly escaped an attempted sexual assault on her way home.

On September 30, 2010, the District Court (Judge Walker Miller) granted in part and denied in part the defendants' motion for summary judgment. The District Court granted the motion for summary judgment on the constitutional claims, and on the claims against the individual defendants in their personal capacity, but denied in part the defendants' motion as to plaintiffs' claims based on the Rehabilitation Act and the American with Disabilities Act, and denied the motions for summary judgment as to the state negligence and wrongful death claims.

On September 7, 2012, the parties reached a private settlement. The defendants, City and County of Denver, agreed to pay the sum of $695,000 to the plaintiffs in order to settle any and all claims. The plaintiffs agreed to release the defendants from all claims arising out of the alleged incidents. On October 4th, 2012, the District Court (Judge Miller)dismissed the case with prejudice after having been informed of the parties' settlement agreement. This ended the case.

Summary Authors

Gregory Pitt (7/19/2012)

Nick Kabat (10/2/2014)

Related Cases

Scott v. City and County of Denver, District of Colorado (2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4195162/parties/ulibarri-v-denver-colorado-the-city-and-county-of/


Judge(s)

Miller, Walker David (Colorado)

Smith, Ortrie D. (Missouri)

Watanabe, Michael J. (Colorado)

Attorneys(s) for Plaintiff

Fox, Timothy Patrick (Colorado)

Greisen, Paula Dee (Colorado)

Krebs, Roger (Colorado)

Lucas, Carrie Ann (Colorado)

Robertson, Amy Farr (Colorado)

Schwartz, Laura Ellen (Colorado)

Williams, Kevin William (Colorado)

Judge(s)

Miller, Walker David (Colorado)

Smith, Ortrie D. (Missouri)

Watanabe, Michael J. (Colorado)

Attorneys(s) for Plaintiff

Fox, Timothy Patrick (Colorado)

Greisen, Paula Dee (Colorado)

Krebs, Roger (Colorado)

Lucas, Carrie Ann (Colorado)

Robertson, Amy Farr (Colorado)

Schwartz, Laura Ellen (Colorado)

Williams, Kevin William (Colorado)

Attorneys(s) for Defendant

Bigler, Thomas G. (Colorado)

Fasing, Suzanne A. (Colorado)

Other Attorney(s)

Revercomb, Laura Lee (Colorado)

Siderius, Linda L. (Colorado)

Documents in the Clearinghouse

Document

Docket

Oct. 4, 2012 Docket
1

Complaint & Jury Demand

2007 WL 3191954

Aug. 28, 2007 Complaint
48

Second Amended And Supplemental Complaint

Ulibarri et al v. City and County of Denver

2008 WL 7183248

Feb. 25, 2008 Complaint
265

Order on Pending Motions

Ulibarri v. City & County of Denver

742 F.Supp.2d 1192

Sept. 30, 2010 Order/Opinion
463-1

Full and Final Release Agreement

Sept. 18, 2012 Settlement Agreement
467

Order Granting Stipulated Motion to Dismiss with Prejudice

Ulibarri v. City & County of Denver

Oct. 4, 2012 Order/Opinion

Resources

Title Description External URL

Caged in: The Devastating Harms of Solitary Confinement on Prisoners with Physical Disabilities,

Jamelia N. Morgan

This report draws from interviews with currently and formerly incarcerated people with disabilities, disability rights advocates, prisoner rights’ advocates, medical experts, legal scholars, and corr… Jan. 1, 2017 https://www.aclu.org/report/caged-devastating-harms-solitary-confinement-prisoners-physical-disabilities

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4195162/ulibarri-v-denver-colorado-the-city-and-county-of/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

Complaint

1 Civil Cover Sheet

View on PACER

2 Receipt

View on PACER

Aug. 28, 2007 RECAP
2

Order Referring Case to Magistrate Judge

Aug. 30, 2007 PACER
3

Notice of Entry of Appearance

Aug. 30, 2007 PACER
4

ORDER setting Scheduling/Planning Conference set for 11/5/2007 09:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Signed by Magistrate Judge Michael J. Watanabe on 9/6/07. (dln, )

Sept. 6, 2007 RECAP
5

Notice of Entry of Appearance

Sept. 15, 2007 PACER
6

Notice of Entry of Appearance

Oct. 10, 2007 PACER
7

Notice (Other)

Oct. 12, 2007 PACER
8

Motion to Reset

Oct. 12, 2007 PACER
9

Memorandum

Oct. 12, 2007 PACER
10

Notice of Entry of Appearance

Oct. 15, 2007 PACER
11

Order on Motion to Reset

Oct. 16, 2007 PACER
12

Motion to Amend/Correct/Modify

1 Proposed Document

View on PACER

Oct. 18, 2007 PACER
13

Memorandum

Oct. 22, 2007 PACER
14

Docket Annotation

Oct. 22, 2007 PACER
15

Minute ORDER granting 12 First MOTION to Amend/Correct/Modify 1 COMPLAINT by Plaintiffs and the same is accepted for filing by Magistrate Judge Michael J. Watanabe on 10/24/07.(dln, )

Oct. 24, 2007 RECAP
16

Amended Complaint

Oct. 24, 2007 PACER
17

Motion to Reset

Oct. 26, 2007 PACER
18

Memorandum

Oct. 29, 2007 PACER
19

Order on Motion to Reset

Oct. 30, 2007 PACER
20

Answer to Complaint

Nov. 6, 2007 PACER
21

Summons Returned Executed

1 Exhibit

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

Nov. 6, 2007 PACER
22

Answer to Amended Complaint

Nov. 14, 2007 PACER
23

Proposed Scheduling Order

Dec. 14, 2007 PACER
24

Answer to Amended Complaint

Dec. 17, 2007 PACER
25

Scheduling Conference

Dec. 21, 2007 PACER
26

Scheduling Order

Dec. 21, 2007 PACER
27

Summons Returned Executed

Dec. 27, 2007 PACER
28

Summons Returned Executed

Dec. 27, 2007 PACER
29

Summons Returned Executed

Dec. 27, 2007 PACER
30

Summons Returned Executed

Dec. 27, 2007 PACER
31

Summons Returned Executed

Dec. 27, 2007 PACER
32

Motion for Protective Order

1 Proposed Order (PDF Only)

View on PACER

Jan. 25, 2008 PACER
33

Memorandum

Jan. 28, 2008 PACER
34

Minute ORDER granting Plaintiff's 32 Unopposed Motion for Protective Order. The written Protective Order is APPROVED as amended in paragraph 8, by Magistrate Judge Michael J. Watanabe on 1/28/2008.(sah, )

Jan. 28, 2008 RECAP
35

PROTECTIVE ORDER. Signed by Magistrate Judge Michael J. Watanabe on 1/28/2008. (sah, )

Jan. 28, 2008 RECAP
36

Motion to Continue

1 Proposed Order (PDF Only)

View on PACER

Feb. 4, 2008 PACER
37

Amended Complaint

1 Proposed Document

View on PACER

Feb. 4, 2008 PACER
38

Memorandum

Feb. 5, 2008 PACER
39

Docket Annotation

Feb. 5, 2008 PACER
40

Motion to Amend/Correct/Modify

1 Proposed Document

View on PACER

Feb. 5, 2008 PACER
41

Memorandum

Feb. 5, 2008 PACER
42

Order on Motion to Continue

Feb. 7, 2008 PACER
43

Set/Reset Deadlines and Hearings

Feb. 7, 2008 PACER
44

Minute Order

Feb. 8, 2008 PACER
45

Response to Motion

Feb. 15, 2008 PACER
46

Docket Annotation

Feb. 20, 2008 PACER
47

ORDER granting 40 Plaintiff's Motion for Leave to File Second Amended and Supplemental Complaint. The Second Amended and Supplemental Complaint is accepted for filing as of the date of this Order. That each party shall pay their own attorney fees and costs for this motion. Signed by Magistrate Judge Michael J. Watanabe on 02/25/2008.(sah2, )

Feb. 25, 2008 RECAP
48

Amended Complaint

Feb. 25, 2008 PACER
49

Summons Returned Executed

1 Return of Service

View on PACER

March 6, 2008 PACER
50

Summons Returned Executed

1 Return of Service

View on PACER

March 6, 2008 PACER
51

Answer to Amended Complaint

March 13, 2008 PACER
52

Motion to Amend/Correct/Modify

1 Proposed Order (PDF Only)

View on PACER

March 19, 2008 PACER
53

Memorandum

March 21, 2008 PACER
54

MINUTE ORDER granting 52 Plaintiff's Unopposed Motion for Scheduling Conference or in the Alternative to Amend Scheduling Order. Scheduling order deadlines are as follows: Discovery cut off is 1/02/2009, Dispositive motion deadline is 2/17/2009; The Final Pre-Trial Conference set for 12/15/2008 is VACATED and RESET for 3/9/2009; Proposed Final Pre-trial Order is due 3/3/2009 by Magistrate Judge Michael J. Watanabe on 03/24/2008.(sah, )

March 24, 2008 RECAP
55

Set/Reset Deadlines and Hearings

March 24, 2008 PACER
56

Notice of Entry of Appearance

April 23, 2008 PACER
57

Motion to Compel

1 Exhibit A

View on RECAP

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on RECAP

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

7 Exhibit H

View on PACER

8 Exhibit I

View on PACER

9 Exhibit J

View on PACER

10 Exhibit L

View on PACER

June 10, 2008 RECAP
58

Sealed Document

June 10, 2008 PACER
59

Sealed Document

June 10, 2008 PACER
60

Motion to Seal

1 Proposed Order (PDF Only)

View on PACER

June 10, 2008 PACER
62

Exhibits

June 10, 2008 PACER
61

Memorandum

June 11, 2008 PACER
63

Order on Motion to Restrict

June 11, 2008 PACER
64

Response to Motion

1 Exhibit Exhibit 1

View on PACER

2 Exhibit Exhibit II

View on PACER

3 Exhibit Exhibit III

View on PACER

4 Exhibit Exhibit IV

View on PACER

5 Exhibit Exhibit V

View on PACER

6 Exhibit Exhibit VI

View on PACER

7 Exhibit Exhibit VII

View on PACER

June 30, 2008 PACER
65

Motion to Continue

July 14, 2008 PACER
66

Memorandum

July 15, 2008 PACER
67

Order on Motion to Continue

July 15, 2008 PACER
68

Set/Reset Deadlines and Hearings

July 15, 2008 PACER
69

Reply to Response to Motion

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

July 18, 2008 RECAP
70

Motion to Continue

1 Proposed Order (PDF Only)

View on PACER

July 21, 2008 PACER
71

Memorandum

July 21, 2008 PACER
72

Order on Motion to Continue

July 22, 2008 PACER
73

Set/Reset Deadlines and Hearings

July 22, 2008 PACER
74

Minute Order

Aug. 6, 2008 PACER
75

Notice (Other)

Aug. 11, 2008 PACER
76

ORDER denying 57 Plaintiffs Motion to Compel Discovery Responses. Each party shall pay their own attorney fees and costs. That the documents submitted, in camera, identified as Bates Nos. 000246, 000250, 000261, 000271, 000273, 000282, 000283, 00 0293, 000294, 000312, 000314, 000319, 000320, 000321, 000322, 000327, 000333, and 000334 shall be sealed and shall not be opened except by further Order of Court. If defendants have not already provided their interrogatory responses signed under oath by the Defendants to whom they were directed, they shall do so within ten days of this Order. Signed by Magistrate Judge Michael J. Watanabe on 08/18/2008.(sah, )

Aug. 18, 2008 RECAP
77

Sealed Document

Aug. 18, 2008 PACER
78

Sealed Document

Aug. 18, 2008 PACER
79

Docket Annotation

Aug. 18, 2008 PACER
80

Objection/Appeal of Magistrate Judge Decision to District Court

Sept. 2, 2008 PACER
81

Notice of Change of Address/Contact Information

Sept. 8, 2008 PACER
82

Motion to Continue

1 Proposed Order (PDF Only)

View on PACER

Sept. 10, 2008 PACER
83

Memorandum

Sept. 11, 2008 PACER
85

Set/Reset Deadlines and Hearings

Sept. 11, 2008 PACER
84

Order on Motion to Continue

Sept. 12, 2008 PACER
86

Reply to Response to Objection/Appeal of Magistrate Judge Decision

1 Exhibit Exhibit 1

View on PACER

Sept. 22, 2008 PACER
87

Reply to Response to Motion

Oct. 7, 2008 PACER
88

Motion for Hearing/Conference

Oct. 7, 2008 PACER
89

Supplement/Amendment

Oct. 9, 2008 PACER
90

Motion to Compel

1 Proposed Order (PDF Only)

View on PACER

Oct. 16, 2008 PACER
91

Motion for Hearing/Conference

1 Proposed Order (PDF Only)

View on PACER

Oct. 16, 2008 PACER
92

Declaration

1 Exhibits 1-5

View on PACER

2 Exhibits 6-11

View on PACER

3 Exhibits 12-19

View on PACER

Oct. 16, 2008 PACER
93

Memorandum

Oct. 17, 2008 PACER
94

Minute Order

Oct. 20, 2008 PACER
95

Supplement/Amendment

Oct. 21, 2008 PACER
96

Motion for Hearing/Conference

1 Proposed Order (PDF Only) Proposed Order For Forthwith Telephone Hearing on Expe

View on PACER

Oct. 22, 2008 PACER
97

Memorandum

Oct. 22, 2008 PACER
98

Order on Motion for Hearing/Conference

Oct. 23, 2008 PACER
99

Objection/Appeal of Magistrate Judge Decision to District Court

Oct. 24, 2008 PACER
100

Response to Motion

1 Exhibit 1

View on PACER

Oct. 27, 2008 PACER

State / Territory: Colorado

Case Type(s):

Disability Rights/Public Accommodations

Key Dates

Filing Date: Aug. 28, 2007

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three deaf individuals.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Education and Enforcement Center

Public Interest Lawyer: Yes

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

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $695,000

Issues

General:

Classification / placement

Communication skills

Confinement/isolation

Courts

Failure to train

Food service / nutrition / hydration

Language access/needs

Pattern or Practice

Reasonable Accommodations

TTY/Close Captioning/Videophone/etc.

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

Medical/Mental Health:

Suicide prevention

Type of Facility:

Government-run