Case: Scott v. City and County of Denver

1:12-cv-00053 | U.S. District Court for the District of Colorado

Filed Date: Jan. 10, 2012

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On January 10, 2012, a deaf individual who had been arrested and detained on a number of occasions since 2007 for violating his probation in Denver, CO, filed this complaint in the U.S. District Court for the District of Colorado against the City and County of Denver. He proceeded under Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act; represented by attorneys from the Civil Rights Education and Enforcement Center and the Center for Rights of Pare…

On January 10, 2012, a deaf individual who had been arrested and detained on a number of occasions since 2007 for violating his probation in Denver, CO, filed this complaint in the U.S. District Court for the District of Colorado against the City and County of Denver. He proceeded under Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act; represented by attorneys from the Civil Rights Education and Enforcement Center and the Center for Rights of Parents with Disabilities, he asked the court for declaratory and injunctive relief, money damages, and attorney's fees and costs.

In his complaint, the plaintiff alleged that during his detentions in 2010 and 2011, he was denied access to a sign language interpreter, and had requests for a TTY or video phone rejected or delayed. During these detentions, the plaintiff also alleged he was also not provided with required auxiliary aids and services necessary to ensure effective communication. The plaintiff further alleged that Denver systematically, knowingly, and intentionally discriminated against him and other deaf and hard of hearing individuals, that it was likely that he would suffer discrimination in the future, and that the City had been on notice since at least 2007 its deficiencies in providing effective communication for deaf and hard of hearing detainees.

On April 26, 2013, the defendants, the City and County of Denver, offered judgment pursuant to Fed. R. Civ. P. 68. in favor of the plaintiff in the amount of $15,000. The judgment would be exclusive of any accrued reasonable costs and attorney fees, and would include any and all liability of the defendants in regards to the transactions or occurrences referenced in the plaintiff's complaint. On May 9, 2013, the plaintiff's acceptance of the offer of judgment was filed with the court; judgment was entered in favor of the plaintiff on May 22, 2013, by the clerk.

On January 24, 2014, Chief Judge Marcia S. Kreiger determined the reasonable attorney fees and issued an order granting attorney fees and costs to the plaintiff.

Summary Authors

John He (9/21/2015)

Related Cases

Ulibarri v. City and County of Denver, District of Colorado (2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5265862/parties/scott-v-city-and-county-of-denver-the/


Judge(s)

Boland, Boyd N. (Colorado)

Krieger, Marcia S. (Colorado)

Attorneys(s) for Plaintiff

Lucas, Carrie Ann (Colorado)

Robertson, Amy Farr (Colorado)

Attorneys(s) for Defendant

Rivera, Joseph Michael (Colorado)

Shea, Wendy Jean (Colorado)

Expert/Monitor/Master

Liang, Carol (Colorado)

Judge(s)

Boland, Boyd N. (Colorado)

Krieger, Marcia S. (Colorado)

Attorneys(s) for Plaintiff

Lucas, Carrie Ann (Colorado)

Robertson, Amy Farr (Colorado)

Attorneys(s) for Defendant

Rivera, Joseph Michael (Colorado)

Shea, Wendy Jean (Colorado)

Expert/Monitor/Master

Liang, Carol (Colorado)

Documents in the Clearinghouse

Document

1:12-cv-00053

Docket [PACER]

Jan. 27, 2014

Jan. 27, 2014

Docket
1

1:12-cv-00053

Complaint

Jan. 10, 2012

Jan. 10, 2012

Complaint
130

1:12-cv-00053

Acceptance of Offer of Judgment

May 9, 2013

May 9, 2013

Pleading / Motion / Brief
131

1:12-cv-00053

Judgment Pursuant to Fed. R. Civ. P. 68

May 22, 2013

May 22, 2013

Order/Opinion
154

1:12-cv-00053

Opinion and Order Granting in Part and Denying in Part Motion for Attorney Fees

2014 WL 287558

Jan. 24, 2014

Jan. 24, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5265862/scott-v-city-and-county-of-denver-the/

Last updated Aug. 8, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

Complaint

1 Civil Cover Sheet

View on PACER

2 Receipt

View on PACER

Jan. 10, 2012

Jan. 10, 2012

PACER
2

Notice of Entry of Appearance

Jan. 12, 2012

Jan. 12, 2012

PACER
3

Order Referring Case to Magistrate Judge

Jan. 25, 2012

Jan. 25, 2012

PACER
4

ORDER : Scheduling Conference set for 4/9/2012 10:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 1/31/12. (bnbcd, )

Jan. 31, 2012

Jan. 31, 2012

RECAP
5

ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and depositio ns from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. by Judge Marcia S. Krieger on 2/2/12. (mskcd)

Feb. 2, 2012

Feb. 2, 2012

RECAP
6

Minute Order

Feb. 14, 2012

Feb. 14, 2012

PACER
7

Motion for Extension of Time to File Answer or Otherwise Respond

1 Proposed Order (PDF Only) Proposed Order

View on PACER

Feb. 14, 2012

Feb. 14, 2012

PACER
8

Memorandum

Feb. 16, 2012

Feb. 16, 2012

PACER
9

Order on Motion for Extension of Time to Answer or Otherwise Respond

Feb. 16, 2012

Feb. 16, 2012

PACER
10

Answer to Complaint

March 2, 2012

March 2, 2012

PACER
11

Summons Returned Executed

March 13, 2012

March 13, 2012

PACER
12

Proposed Scheduling Order

April 10, 2012

April 10, 2012

PACER
13

Scheduling Conference

April 17, 2012

April 17, 2012

PACER
14

Scheduling Order

April 17, 2012

April 17, 2012

PACER
15

TRIAL PREPARATION ORDER - CIVIL by Judge Marcia S. Krieger on 4/17/2012. (msksec, )

April 17, 2012

April 17, 2012

RECAP
16

Motion for Protective Order

June 26, 2012

June 26, 2012

PACER
17

Memorandum

June 26, 2012

June 26, 2012

PACER
18

Motion for Protective Order

1 Proposed Document - Stipulated Protective Order

View on PACER

June 28, 2012

June 28, 2012

PACER
19

Memorandum

June 28, 2012

June 28, 2012

PACER
20

PROTECTIVE ORDER by Magistrate Judge Boyd N. Boland on 6/29/12. (dbrow, )

June 29, 2012

June 29, 2012

RECAP
21

Motion to Compel

1 Declaration of Amy F. Robertson

View on PACER

2 Proposed Order (PDF Only)

View on PACER

July 27, 2012

July 27, 2012

PACER
22

Memorandum

July 27, 2012

July 27, 2012

PACER
23

Order Setting Hearing on Motion

July 30, 2012

July 30, 2012

PACER
24

Order Setting Hearing on Motion

July 30, 2012

July 30, 2012

PACER
25

Motion to Amend/Correct/Modify

1 Proposed Order (PDF Only)

View on PACER

July 31, 2012

July 31, 2012

PACER
26

Memorandum

Aug. 1, 2012

Aug. 1, 2012

PACER
27

Motion for Extension of Time to File Response/Reply

Aug. 2, 2012

Aug. 2, 2012

PACER
28

ORDER: 25 Joint Motion to Amend Scheduling Order is GRANTED IN PART. Discovery due by 1/14/2012. Dispositive Motions due by 1/14/2013. by Magistrate Judge Boyd N. Boland on 8/2/12.(bnbcd, ) Modified on 8/4/2012 to edit due date text (wjcsl, ).

Aug. 2, 2012

Aug. 2, 2012

RECAP
29

Memorandum

Aug. 2, 2012

Aug. 2, 2012

PACER
30

Order on Motion for Extension of Time to File Response/Reply

Aug. 2, 2012

Aug. 2, 2012

PACER
31

Response to Motion

1 Exhibit 1 to Defendant's Response to Plaintiff's Motion to Compel

View on PACER

2 Exhibit 2 to Defendant's Response to Plaintiff's Motion to Compel

View on PACER

3 Exhibit 3 to Defendant's Response to Plaintiff's Motion to Compel

View on PACER

Aug. 24, 2012

Aug. 24, 2012

PACER
32

COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Magistrate Judge Boyd N. Boland: Motion Hearing held on 8/28/2012. As specified on the record, Plaintiffs Motion to Compel 21 is GRANTED. FTR: Courtroom 401A. (bnbcd, ) (Additional attachment(s) added on 8/29/2012: # 1 Exhibit) (bnbcd, ).

1 Exhibit

View on PACER

Aug. 28, 2012

Aug. 28, 2012

RECAP
33

ORDER re: 21 Motion to Compel filed by Major Jon Michael Scott. Motion is GRANTED IN PART and DENIED IN PART. by Magistrate Judge Boyd N. Boland on 8/29/12. (bnbcd, )

Aug. 29, 2012

Aug. 29, 2012

RECAP
34

Minute Order

Sept. 4, 2012

Sept. 4, 2012

PACER
35

Motion for Discovery

1 Exhibit 1

View on PACER

Oct. 4, 2012

Oct. 4, 2012

PACER
36

Memorandum

Oct. 5, 2012

Oct. 5, 2012

PACER
37

Order Setting Hearing on Motion

Oct. 5, 2012

Oct. 5, 2012

PACER
38

Statement

Oct. 12, 2012

Oct. 12, 2012

PACER
39

MINUTE ORDER: 35 Motion to Compel Independent Audiological Examination Pursuant to Fed.R.Civ.P. 35 is GRANTED. Motion Hearing currently set for 10/29/12 is VACATED. by Magistrate Judge Boyd N. Boland on 10/12/12.(bnbcd, )

Oct. 12, 2012

Oct. 12, 2012

RECAP
40

Motion to Amend/Correct/Modify

1 Proposed Order (PDF Only)

View on PACER

Oct. 19, 2012

Oct. 19, 2012

PACER
41

Memorandum

Oct. 19, 2012

Oct. 19, 2012

PACER
42

MINUTE ORDER: 40 Joint Motion to Amend Scheduling Order is GRANTED. by Magistrate Judge Boyd N. Boland on 10/19/12.(bnbcd, )

Oct. 19, 2012

Oct. 19, 2012

RECAP
43

Minute Order

Oct. 19, 2012

Oct. 19, 2012

PACER
44

Motion to Amend/Correct/Modify

1 Proposed Order (PDF Only)

View on PACER

Nov. 6, 2012

Nov. 6, 2012

PACER
45

Memorandum

Nov. 9, 2012

Nov. 9, 2012

PACER
46

MINUTE ORDER granting 44 Joint Motion to Amend Scheduling Order. by Magistrate Judge Boyd N. Boland on 11/9/12.(bnbcd, )

Nov. 9, 2012

Nov. 9, 2012

RECAP
47

Motion to Amend/Correct/Modify

1 Proposed Order (PDF Only)

View on PACER

Nov. 19, 2012

Nov. 19, 2012

PACER
48

Order Setting Hearing on Motion

Nov. 20, 2012

Nov. 20, 2012

PACER
49

Motion to Compel

Nov. 21, 2012

Nov. 21, 2012

PACER
50

Memorandum

Nov. 26, 2012

Nov. 26, 2012

PACER
51

Order Setting Hearing on Motion

Nov. 26, 2012

Nov. 26, 2012

PACER
52

Memorandum

Nov. 27, 2012

Nov. 27, 2012

PACER
53

Motion for Extension of Time to File Response/Reply

Nov. 27, 2012

Nov. 27, 2012

PACER
54

Order on Motion for Extension of Time to File Response/Reply

Nov. 29, 2012

Nov. 29, 2012

PACER
55

Response to Motion

Nov. 29, 2012

Nov. 29, 2012

PACER
56

Response to Motion

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

Nov. 29, 2012

Nov. 29, 2012

PACER
57

COURTROOM/MINUTE ENTRY for proceedings held before Magistrate Judge Boyd N. Boland: Motion Hearing held on 11/30/2012. 47 Plaintiff's Motion to Amend Scheduling Order to Permit Additional Depositions is GRANTED IN PART. 49 Motion to Compel Independent Examination of Plaintiff Pursuant to Fed. R. Civ.P. 35 is GRANTED with conditions. FTR: BNB Courtroom A401. (bnbcd, )

Nov. 30, 2012

Nov. 30, 2012

RECAP
58

ORDER granting in part 47 MOTION for Depositions and granting 49 Rule 35 Motion. By Magistrate Judge Boyd N. Boland on 11/30/2012. (klyon, )

Nov. 30, 2012

Nov. 30, 2012

RECAP
59

Motion to Compel

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

6 Exhibit 6

View on PACER

7 Exhibit 7

View on PACER

Dec. 7, 2012

Dec. 7, 2012

PACER
60

Motion to Compel

1 Declaration of Amy F. Robertson

View on PACER

Dec. 7, 2012

Dec. 7, 2012

PACER
61

Memorandum

Dec. 10, 2012

Dec. 10, 2012

PACER
62

Memorandum

Dec. 10, 2012

Dec. 10, 2012

PACER
63

Notice of Entry of Appearance

Dec. 10, 2012

Dec. 10, 2012

PACER
64

Order Setting Hearing on Motion

Dec. 10, 2012

Dec. 10, 2012

PACER
65

Motion to Reset

Dec. 10, 2012

Dec. 10, 2012

PACER
66

Memorandum

Dec. 10, 2012

Dec. 10, 2012

PACER
67

Order on Motion to Reset

Dec. 10, 2012

Dec. 10, 2012

PACER
68

SUPPLEMENTAL ORDER: the Department of Corrections shall transport the plaintiff, MajorJon Michael Scott (DOC # 158887), to the Denver Police Department Headquarters, 1331 Cherokee Street, Denver, Colorado, 2nd floor holding cell, on December 14, 2012, at 9:00 a.m., for the purpose of allowing the Rule 35 examination to occur. by Magistrate Judge Boyd N. Boland on 12/12/12. (bnbcd, )

Dec. 12, 2012

Dec. 12, 2012

RECAP
69

Motion for Order

1 Proposed Order (PDF Only)

View on PACER

Dec. 14, 2012

Dec. 14, 2012

PACER
70

Memorandum

Dec. 17, 2012

Dec. 17, 2012

PACER
71

ORDER denying 69 Defendant's Unopposed Motion for an Order to Transport Plaintiff by Magistrate Judge Boyd N. Boland on 12/17/12.(bnbcd, )

Dec. 17, 2012

Dec. 17, 2012

RECAP
72

Motion to Amend/Correct/Modify

Dec. 18, 2012

Dec. 18, 2012

PACER
73

Motion for Hearing/Conference

Dec. 18, 2012

Dec. 18, 2012

PACER
74

Declaration

Dec. 18, 2012

Dec. 18, 2012

PACER
75

Memorandum

Dec. 18, 2012

Dec. 18, 2012

PACER
76

Memorandum

Dec. 18, 2012

Dec. 18, 2012

PACER
77

Order on Motion for Hearing/Conference

Dec. 18, 2012

Dec. 18, 2012

PACER
78

Motion Hearing

Dec. 19, 2012

Dec. 19, 2012

PACER
79

ORDER re: 72 Plaintiffs Motion Re: the Thirty-Two Additional Witnesses Disclosed By Defendant on December 14, 2012. On or before 1/18/13, the defendant shall identify all witnesses it will or may call to testify at trial on the issue of the p laintiff's effective communication skills. If more than five witnesses are identified, the depositions of witnesses beyond the initial five shall be at the defendant's expense. Discovery is extended to 3/1/13. Rule 26(a)(1) disclosures, as indicated, and supplemental response to Interrogatory 12, due by 1/11/13. by Magistrate Judge Boyd N. Boland on 12/19/12. (bnbcd, )

Dec. 19, 2012

Dec. 19, 2012

RECAP
80

Order on Motion to Amend/Correct/Modify

Dec. 19, 2012

Dec. 19, 2012

PACER
81

Motion to Amend/Correct/Modify

Dec. 28, 2012

Dec. 28, 2012

PACER
82

Memorandum

Jan. 2, 2013

Jan. 2, 2013

PACER
83

Objection/Appeal of Magistrate Judge Decision to District Court

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

Jan. 2, 2013

Jan. 2, 2013

PACER
84

Response to Motion

1 Declaration of Amy F. Robertson

View on PACER

2 Declaration of Carrie Lucas

View on PACER

Jan. 4, 2013

Jan. 4, 2013

PACER
85

MINUTE ORDER granting 81 Joint Motion to Amend Scheduling Order. Discovery due by 3/1/2013, Dispositive Motions due by 3/15/2013, rebuttal expert disclosures due by 1/28/2013. by Magistrate Judge Boyd N. Boland on 1/4/13.(bnbcd, )

Jan. 4, 2013

Jan. 4, 2013

RECAP
86

Motion for Extension of Time to File Response/Reply

Jan. 4, 2013

Jan. 4, 2013

PACER
87

Response to Motion

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

Jan. 7, 2013

Jan. 7, 2013

PACER
88

Memorandum

Jan. 8, 2013

Jan. 8, 2013

PACER
89

Order on Motion for Extension of Time to File Response/Reply

Jan. 8, 2013

Jan. 8, 2013

PACER
90

Transcript

Jan. 9, 2013

Jan. 9, 2013

PACER
91

Motion for Leave

1 Proposed Document - Plaintiff's Reply Brief

View on PACER

Jan. 9, 2013

Jan. 9, 2013

PACER
92

Memorandum

Jan. 9, 2013

Jan. 9, 2013

PACER
93

MINUTE ORDER granting 91 Plaintiff's Unopposed Motion for Leave to File Reply Brief in Support of Motion to Deem Requests for Admission Admitted or, in the Alternative, to Compel Responses Motion for Leave. By Magistrate Judge Boyd N. Boland on 1/9/12. (Attachments: # 1 Reply Brief)(mjgsl, )

1 Reply Brief

View on PACER

Jan. 9, 2013

Jan. 9, 2013

RECAP
94

Brief in Support of Motion

Jan. 9, 2013

Jan. 9, 2013

PACER
95

Motion to Amend/Correct/Modify

1 Exhibit 1

View on PACER

2 Proposed Order (PDF Only)

View on PACER

Jan. 10, 2013

Jan. 10, 2013

PACER
96

Memorandum

Jan. 11, 2013

Jan. 11, 2013

PACER
97

AMENDED ORDER Regarding Plaintiff's Rule 35 Examination. 95 Defendant's Unopposed Motion to Forthwith Amend the Court's Orders (ECF Nos. 57 and 58 ) Regarding Plaintiff's Rule 35 Examination is GRANTED. by Magistrate Judge Boyd N. Boland on 1/11/13.(bnbcd, )

Jan. 11, 2013

Jan. 11, 2013

RECAP
98

Response

1 Declaration of Amy F. Robertson

View on PACER

Jan. 16, 2013

Jan. 16, 2013

PACER
99

Motion for Leave

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

Jan. 23, 2013

Jan. 23, 2013

PACER
100

Motion for Leave

Jan. 23, 2013

Jan. 23, 2013

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Jail Conditions

Disability Rights

Special Collection(s):

Deaf or Blind in Jail/Prison

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 10, 2012

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Deaf individual

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):

Law-enforcement

Jurisdiction-wide

Corrections

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)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $15,000

Issues

General:

Access to public accommodations - governmental

Communication skills

TTY/Close Captioning/Videophone/etc.

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

Type of Facility:

Government-run