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 attorneys, 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)

Attorney for Plaintiff

Lucas, Carrie Ann (Colorado)

Attorney for Defendant

Rivera, Joseph Michael (Colorado)

Expert/Monitor/Master/Other

Liang, Carol (Colorado)

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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

Jan. 24, 2014

Jan. 24, 2014

Order/Opinion

2014 WL 287558

Resources

Docket

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

Last updated April 8, 2025, 2:22 p.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

2

Notice of Entry of Appearance

Jan. 12, 2012

Jan. 12, 2012

3

Order Referring Case to Magistrate Judge

Jan. 25, 2012

Jan. 25, 2012

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

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

8

Memorandum

Feb. 16, 2012

Feb. 16, 2012

9

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

Feb. 16, 2012

Feb. 16, 2012

10

Answer to Complaint

March 2, 2012

March 2, 2012

11

Summons Returned Executed

March 13, 2012

March 13, 2012

12

Proposed Scheduling Order

April 10, 2012

April 10, 2012

13

Scheduling Conference

April 17, 2012

April 17, 2012

14

Scheduling Order

April 17, 2012

April 17, 2012

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

17

Memorandum

June 26, 2012

June 26, 2012

18

Motion for Protective Order

1 Proposed Document - Stipulated Protective Order

View on PACER

June 28, 2012

June 28, 2012

19

Memorandum

June 28, 2012

June 28, 2012

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

22

Memorandum

July 27, 2012

July 27, 2012

23

Order Setting Hearing on Motion

July 30, 2012

July 30, 2012

24

Order Setting Hearing on Motion

July 30, 2012

July 30, 2012

25

Motion to Amend/Correct/Modify

1 Proposed Order (PDF Only)

View on PACER

July 31, 2012

July 31, 2012

26

Memorandum

Aug. 1, 2012

Aug. 1, 2012

27

Motion for Extension of Time to File Response/Reply

Aug. 2, 2012

Aug. 2, 2012

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

30

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

Aug. 2, 2012

Aug. 2, 2012

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

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

35

Motion for Discovery

1 Exhibit 1

View on PACER

Oct. 4, 2012

Oct. 4, 2012

36

Memorandum

Oct. 5, 2012

Oct. 5, 2012

37

Order Setting Hearing on Motion

Oct. 5, 2012

Oct. 5, 2012

38

Statement

Oct. 12, 2012

Oct. 12, 2012

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

41

Memorandum

Oct. 19, 2012

Oct. 19, 2012

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

44

Motion to Amend/Correct/Modify

1 Proposed Order (PDF Only)

View on PACER

Nov. 6, 2012

Nov. 6, 2012

45

Memorandum

Nov. 9, 2012

Nov. 9, 2012

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

48

Order Setting Hearing on Motion

Nov. 20, 2012

Nov. 20, 2012

49

Motion to Compel

Nov. 21, 2012

Nov. 21, 2012

50

Memorandum

Nov. 26, 2012

Nov. 26, 2012

51

Order Setting Hearing on Motion

Nov. 26, 2012

Nov. 26, 2012

52

Memorandum

Nov. 27, 2012

Nov. 27, 2012

53

Motion for Extension of Time to File Response/Reply

Nov. 27, 2012

Nov. 27, 2012

54

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

Nov. 29, 2012

Nov. 29, 2012

55

Response to Motion

Nov. 29, 2012

Nov. 29, 2012

56

Response to Motion

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

Nov. 29, 2012

Nov. 29, 2012

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

60

Motion to Compel

1 Declaration of Amy F. Robertson

View on PACER

Dec. 7, 2012

Dec. 7, 2012

61

Memorandum

Dec. 10, 2012

Dec. 10, 2012

62

Memorandum

Dec. 10, 2012

Dec. 10, 2012

63

Notice of Entry of Appearance

Dec. 10, 2012

Dec. 10, 2012

64

Order Setting Hearing on Motion

Dec. 10, 2012

Dec. 10, 2012

65

Motion to Reset

Dec. 10, 2012

Dec. 10, 2012

66

Memorandum

Dec. 10, 2012

Dec. 10, 2012

67

Order on Motion to Reset

Dec. 10, 2012

Dec. 10, 2012

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

70

Memorandum

Dec. 17, 2012

Dec. 17, 2012

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

73

Motion for Hearing/Conference

Dec. 18, 2012

Dec. 18, 2012

74

Declaration

Dec. 18, 2012

Dec. 18, 2012

75

Memorandum

Dec. 18, 2012

Dec. 18, 2012

76

Memorandum

Dec. 18, 2012

Dec. 18, 2012

77

Order on Motion for Hearing/Conference

Dec. 18, 2012

Dec. 18, 2012

78

Motion Hearing

Dec. 19, 2012

Dec. 19, 2012

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

81

Motion to Amend/Correct/Modify

Dec. 28, 2012

Dec. 28, 2012

82

Memorandum

Jan. 2, 2013

Jan. 2, 2013

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

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

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

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

88

Memorandum

Jan. 8, 2013

Jan. 8, 2013

89

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

Jan. 8, 2013

Jan. 8, 2013

90

Transcript

Jan. 9, 2013

Jan. 9, 2013

91

Motion for Leave

1 Proposed Document - Plaintiff's Reply Brief

View on PACER

Jan. 9, 2013

Jan. 9, 2013

92

Memorandum

Jan. 9, 2013

Jan. 9, 2013

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

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

96

Memorandum

Jan. 11, 2013

Jan. 11, 2013

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

99

Motion for Leave

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

Jan. 23, 2013

Jan. 23, 2013

100

Motion for Leave

Jan. 23, 2013

Jan. 23, 2013

Case Details

State / Territory:

Colorado

Case Type(s):

Jail Conditions

Disability Rights

Healthcare Access and Reproductive Issues

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):

Corrections

Jurisdiction-wide

Law-enforcement

Facility Type(s):

Government-run

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

Other Dockets:

District of Colorado 1:12-cv-00053

Available Documents:

Complaint (any)

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Relief Granted:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $15,000

Issues

General/Misc.:

Access to public accommodations - governmental

Communication skills

Disability and Disability Rights:

Hearing impairment

TTY/Close Captioning/Videophone/etc.

Discrimination Basis:

Disability (inc. reasonable accommodations)

Policing:

Phone (policing)