Case: Kyle v. City & County of Denver

1:10-cv-00829 | U.S. District Court for the District of Colorado

Filed Date: April 13, 2010

Closed Date: May 31, 2011

Clearinghouse coding complete

Case Summary

Disabled prisoners incarcerated at the Denver County Jail sued the city and county, alleging it had discriminated against them by segregating them from the general population, denying access to activities and services, and failing to accommodate their basic needs. The plaintiffs filed their complaint on April 13, 2010 in the U.S. District Court for the District of Colorado. The plaintiffs were inmates at the Denver County Jail. Both have spinal cord injuries and use wheelchairs. The complain…

Disabled prisoners incarcerated at the Denver County Jail sued the city and county, alleging it had discriminated against them by segregating them from the general population, denying access to activities and services, and failing to accommodate their basic needs.

The plaintiffs filed their complaint on April 13, 2010 in the U.S. District Court for the District of Colorado. The plaintiffs were inmates at the Denver County Jail. Both have spinal cord injuries and use wheelchairs.

The complaint alleged that the plaintiffs were segregated in the medical ward, despite no medical necessity, denied recreational and other activities because of their disabilities, denied access to religious facilities, the library, education, counseling, and other services and activities, and that the jail lacked accessible showers and other basic necessities.

The plaintiffs sought declaratory, injunctive and monetary relief. On March 3, 2011, the parties reached a settlement, the terms of which are not available. On May 31, 2011, the case was dismissed with prejudice. This case is closed.

Summary Authors

Denise Heberle (7/19/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5063335/parties/kyle-v-city-county-of-denver/


Judge(s)

Blackburn, Robert E. (Colorado)

Mix, Kristen L. (Colorado)

Attorneys(s) for Plaintiff

Greisen, Paula Dee (Colorado)

Lucas, Carrie Ann (Colorado)

Montoya, Andrew Christopher (Colorado)

Robertson, Amy Farr (Colorado)

Schwartz, Laura Ellen (Colorado)

Attorneys(s) for Defendant

Bigler, Thomas G. (Colorado)

Expert/Monitor/Master

Williams, Kevin William (Colorado)

Judge(s)

Blackburn, Robert E. (Colorado)

Mix, Kristen L. (Colorado)

Attorneys(s) for Plaintiff

Greisen, Paula Dee (Colorado)

Lucas, Carrie Ann (Colorado)

Montoya, Andrew Christopher (Colorado)

Robertson, Amy Farr (Colorado)

Schwartz, Laura Ellen (Colorado)

Attorneys(s) for Defendant

Bigler, Thomas G. (Colorado)

Expert/Monitor/Master

Williams, Kevin William (Colorado)

Documents in the Clearinghouse

Document

Docket

June 10, 2011 Docket
1

Complaint

Kyle et al v. City & County of Denver

April 13, 2010 Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5063335/kyle-v-city-county-of-denver/

Last updated May 20, 2022, 2:09 a.m.

ECF Number Description Date Link
1

COMPLAINT against City &County of Denver, Colorado Cross−Disability Coalition, Elias Diggins, Alvin LaCabe, William Lovinger, Rudy Salazar ( Filing fee $ 350, Receipt Number 27274) Summons Issued, filed by Baylin Kyle. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(jak, ) (Entered: 04/14/2010)

April 13, 2010
6

ORDER SETTING SCHEDULING/PLANNING CONFERENCE: Scheduling Conference set for 6/21/2010 10:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. by Magistrate Judge Kristen L. Mix on 4/19/2010. (Attachments: # 1 Attach 1, # 2 Attach 2)(klmcd)

1 Attach 1

View on PACER

2 Attach 2

View on PACER

April 19, 2010 RECAP
17

TRIAL PREPARATION CONFERENCE ORDER. Trial Preparation Conference set for 4/8/2011 at 03:00 PM in Courtroom A1001 before Judge Robert E. Blackburn. Five (5) day Jury Trial set for 4/25/2011 08:30 AM in Courtroom A1001 before Judge Robert E. Blackburn. By Judge Robert E. Blackburn on 6/21/10. (rebsec, )

June 21, 2010 RECAP
2

MEMORANDUM RETURNING CASE for reassignment by Senior District Judge Miller. (sah, ) (Entered: 04/15/2010)

April 15, 2010
24

MINUTE ORDER; 22 Stipulated Motion for Entry of Protective Order is GRANTED, by Magistrate Judge Kristen L. Mix on 8/20/2010.(klmcd )

Aug. 20, 2010 RECAP
3

LETTER REASSIGNING CASE. Case reassigned to Judge Robert E. Blackburn for all further proceedings. Judge Walker D. Miller no longer assigned to the case. (sah, ) (Entered: 04/15/2010)

April 15, 2010
25

PROTECTIVE ORDER, by Magistrate Judge Kristen L. Mix on 8/20/2010. (klmcd )

Aug. 20, 2010 RECAP
4

ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix, for non−dispositive matters, by Judge Robert E. Blackburn on 4/16/10. (rebsec, ) (Entered: 04/16/2010)

April 16, 2010
38

ORDER OF DISMISSAL with Prejudice. Stipulation of Dismissal With Prejudice 37 is APPROVED. Parties to pay their own attorney fees and costs, by Judge Robert E. Blackburn on 5/31/11. (lsw, ) Modified on 6/1/2011 to clarify title(lsw, ).

May 31, 2011 RECAP
5

NOTICE of Entry of Appearance by Paula Dee Greisen on behalf of All Plaintiffs (Greisen, Paula) (Entered: 04/16/2010)

April 16, 2010
7

NOTICE of Entry of Appearance by Amy Farr Robertson on behalf of Colorado Cross−Disability Coalition, Baylin Kyle, Rudy Salazar (Robertson, Amy) (Entered: 04/19/2010)

April 19, 2010
8

NOTICE of Entry of Appearance by Laura Ellen Schwartz on behalf of All Plaintiffs (Schwartz, Laura) (Entered: 04/19/2010)

April 19, 2010
9

NOTICE of Entry of Appearance by Kevin William Williams on behalf of Colorado Cross−Disability Coalition, Baylin Kyle, Rudy Salazar (Williams, Kevin) (Entered: 04/20/2010)

April 20, 2010
11

SUMMONS Returned Executed by Baylin Kyle, Rudy Salazar, Colorado Cross−Disability Coalition. Elias Diggins served on 5/20/2010, answer due 6/10/2010. (Lucas, Carrie) (Entered: 05/28/2010)

May 28, 2010
12

SUMMONS Returned Executed by Baylin Kyle, Rudy Salazar, Colorado Cross−Disability Coalition. Alvin LaCabe served on 5/20/2010, answer due 6/10/2010. (Lucas, Carrie) (Entered: 05/28/2010)

May 28, 2010
13

SUMMONS Returned Executed by Baylin Kyle, Rudy Salazar, Colorado Cross−Disability Coalition. William Lovinger served on 5/20/2010, answer due 6/10/2010. (Lucas, Carrie) (Entered: 05/28/2010)

May 28, 2010
14

ANSWER to 1 Complaint, by City &County of Denver, Elias Diggins, Alvin LaCabe, William Lovinger.(Bigler, Thomas) (Entered: 06/09/2010)

June 9, 2010
15

Amended ANSWER to 1 Complaint, by City &County of Denver, Elias Diggins, Alvin LaCabe, William Lovinger.(Bigler, Thomas) (Entered: 06/10/2010)

June 10, 2010
16

Proposed Scheduling Order by Plaintiffs Colorado Cross−Disability Coalition, Baylin Kyle, Rudy Salazar. (Robertson, Amy) (Entered: 06/16/2010)

June 16, 2010
18

Minute Entry for proceedings held before Magistrate Judge Kristen L. Mix: Scheduling Conference held on 6/21/2010; Plaintiffs shall identify in writing by bates number and subject the documents produced by defendants in conjunction with Ulibarri v. City and County of Denver, 07−cv−1814−WDM−MJW, which Plaintiffs intend to use in this case. Defendants' right to object to such documents shall be preserved. Discovery due by 1/31/2011. Dispositive Motions due by 2/28/2011. Settlement Conference set for 9/2/2010 01:30 PM in Courtroom C204 before Magistrate Judge Kristen L. Mix. Updated Confidential Settlement Statement due on or before 8/26/10. Final Pretrial Conference set for 3/16/2011 09:30 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. Trial Preparation Conference set for 4/8/2011 at 03:00 PM in Courtroom A1001 before Judge Robert E. Blackburn. Jury Trial set for 4/25/2011 08:30 AM in Courtroom A1001 before Judge Robert E. Blackburn. (Court Reporter FTR − Monique Wiles) (Attachments: # 1 CSS Instructions) (klmcd ) (Entered: 06/22/2010)

June 21, 2010
19

SCHEDULING ORDER, by Magistrate Judge Kristen L. Mix on 6/21/2010. (klmcd, ) (Entered: 06/22/2010)

June 21, 2010
20

MINUTE ORDER. A telephonic discovery hearing is set for 08/05/2010 at 3:30 p.m.. By Magistrate Judge Kristen L. Mix on 07/28/2010. (sah, ) (Entered: 07/28/2010)

July 28, 2010
21

Minute Entry for Telephonic Discovery Hearing held before Magistrate Judge Kristen L. Mix on 8/5/2010; This matter is before the Court regarding Defendant's Motion for Protective Order relating to Plaintiff's Notice of Entry on Land. Defendant's Motion for Protective Order is GRANTED IN PART and DENIED IN PART as set forth in attached document. The Settlement Conference set for 9/2/2010 at 1:30 p.m. is VACATED and RESET to 11/12/2010 01:30 PM in Courtroom C204 before Magistrate Judge Kristen L. Mix. Parties shall submit Updated Confidential Settlement Statements on or before 11/5/2010. The Court extends the expert disclosure deadlines as follows: (A) Parties shall designate affirmative experts on or before 11/30/2010. Parties shall designate rebuttal experts on or before 12/30/2010. Discovery Cut−off will remain 1/31/2011. (Court Reporter FTR − Monique Wiles) (klmcd ) (Entered: 08/06/2010)

Aug. 5, 2010
22

Stipulated MOTION for Protective Order by Plaintiffs Colorado Cross−Disability Coalition, Baylin Kyle, Rudy Salazar. (Attachments: # 1 Proposed Order (PDF

Aug. 19, 2010
26

NOTICE of Entry of Appearance by Andrew Christopher Montoya on behalf of Colorado Cross−Disability Coalition, Baylin Kyle, Rudy Salazar (Montoya, Andrew) (Entered: 11/10/2010)

Nov. 10, 2010
27

Minute Entry for Settlement Conference proceedings held before Magistrate Judge Kristen L. Mix on 11/12/2010; No settlement was reached as to any claims in this action. Another Settlement Conference is set for 1/14/2011 09:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. (klmcd ) (Entered: 11/15/2010)

Nov. 12, 2010
28

Joint MOTION to Continue Deadlines by Plaintiffs Colorado Cross−Disability Coalition, Baylin Kyle, Rudy Salazar. (Robertson, Amy) (Entered: 11/15/2010)

Nov. 15, 2010
29

ORDER. The Joint Motion For Continuance 28 filed 11/15/2010, is GRANTED. The Trial Preparation Conference set for 04/08/2011, and the jury trial set to commence 04/25/2011, are VACATED and are CONTINUED pending further order of court. By Judge Robert E. Blackburn on 11/29/2010.(sah, ) (Entered: 11/29/2010)

Nov. 29, 2010
30

MINUTE ORDER. This matter is before the Court sua sponte. Given that the trial date has been continued 29 , the Court extends the following case deadlines: Expert Disclosure Deadline 04/29/2011; Deadline to Serve Written Discovery 05/27/2011; Rebuttal Expert Disclosure Deadline 05/31/2011; Discovery Deadline 06/30/2011; Dispositive Motions Deadline 08/01/2011. By Magistrate Judge Kristen L. Mix on 11/30/2010. (sah, ) (Entered: 11/30/2010)

Nov. 30, 2010
31

MINUTE ORDER. The Settlement Conference held today is continued to 2/14/2011 at 9:00 a.m. in Courtroom C−204. By Magistrate Judge Kristen L. Mix on 1/14/2011. (sah, ) (Entered: 01/14/2011)

Jan. 14, 2011
32

Minute Entry for Settlement Conference proceedings held before Magistrate Judge Kristen L. Mix on 1/14/2011; No settlement was reached as to any claims in this action. Another Settlement Conference is set for 2/14/2011 at 9:00 a.m. Updated Confidential Settlement Statements are due on or before 2/11/2011. (klmcd ) (Entered: 01/14/2011)

Jan. 14, 2011
33

Minute Entry for Settlement Conference proceedings held before Magistrate Judge Kristen L. Mix on 2/14/2011; No settlement was reached as to any claims in this action. Another Settlement Conference set for 3/3/2011 08:30 AM before Magistrate Judge Kristen L. Mix. (klmcd ) (Entered: 02/14/2011)

Feb. 14, 2011
34

MINUTE ORDER. The Settlement Conference held today is continued to 3/3/2011 at 8:30 a.m. in Courtroom C−204. By Magistrate Judge Kristen L. Mix on 2/14/2011. (sah, ) (Entered: 02/14/2011)

Feb. 14, 2011
35

Minute Entry for Settlement Conference held before Magistrate Judge Kristen L. Mix on 3/3/2011; A settlement was reached as to all claims in this action. The parties shall file a stipulated motion to dismiss on or before 7/1/2011. (klmcd ) (Entered: 03/03/2011)

March 3, 2011
36

MINUTE ORDER. This matter is before the Court sua sponte. Due to the settlement reached by the parties 35 , the Final Pretrial Conference set for 3/16/2011 at 9:30 a.m. is vacated. By Magistrate Judge Kristen L. Mix on

March 4, 2011
39

Docket Annotation re: 38 Order Dismissing Case. Modified on 6/1/2011 to clarify title(lsw, ). TEXT ONLY ENTRY − NO DOCUMENT ATTACHED (lsw, ) (Entered: 06/01/2011)

June 1, 2011

State / Territory: Colorado

Case Type(s):

Disability Rights/Public Accommodations

Key Dates

Filing Date: April 13, 2010

Closing Date: May 31, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Disabled inmates at the Denver County Jail

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

The City and County of Denver and its jail facilities and officials (Denver, Denver), County

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown