Case: Sardakowski v. Clements

1:12-cv-01326 | U.S. District Court for the District of Colorado

Filed Date: May 21, 2012

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On May 21, 2012, an inmate who suffered from severe mental illness and had a developmental disability filed this lawsuit in the U.S. District Court for the District of Colorado. The plaintiff, representing himself, sued the Colorado Department of Corrections (DOC), claiming that the DOC's failure to provide him with adequate psychotropic medication was cruel and unusual punishment.On November 19, 2012, now represented by the Civil Rights Education and Enforcement Center, the plaintiff filed an …

On May 21, 2012, an inmate who suffered from severe mental illness and had a developmental disability filed this lawsuit in the U.S. District Court for the District of Colorado. The plaintiff, representing himself, sued the Colorado Department of Corrections (DOC), claiming that the DOC's failure to provide him with adequate psychotropic medication was cruel and unusual punishment.

On November 19, 2012, now represented by the Civil Rights Education and Enforcement Center, the plaintiff filed an amended complaint. The plaintiff sued under 42 U.S.C. § 1983, the Americans with Disabilities Act (ADA), and the Rehabilitation Act, asking the Court for declaratory and injunctive relief. He alleged that the defendant subjected him to cruel and unusual punishment and discriminated against him on the basis of his disability. More specifically, that the defendants placed him in administrative segregation, also known as solitary confinement, because of his disability.

After the plaintiff's amended complaint survived a motion to dismiss and a motion for summary judgment, the plaintiff filed an unopposed motion to appoint a judicial officer for settlement conference. The plaintiff’s motion was granted in an April 2, 2014 order, and a settlement conference was set to be held before Magistrate Judge Craig Shaffer for April 7, 2014. After the settlement conference, the parties were ordered to file a stipulated motion to administratively close the case and a further settlement conference was set. The parties complied with the order, and their motion to administratively close the case for six months was granted on April 9, 2014.

After the Court granted the motion to administratively close the case, the parties began negotiations for settlement. In a settlement agreement dated July 24, 2015, the parties negotiated a private settlement agreement, which is not publicly available. The claims against the defendant were dismissed with prejudice by Judge Jackson on July 27, 2015. This case is closed.

Summary Authors

Saeeda Joseph-Charles (10/10/2016)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4195770/parties/sardakowski-v-clements/


Judge(s)

Mix, Kristen L. (Colorado)

Attorneys(s) for Plaintiff

Fontana, Lauren (Colorado)

Rovner, Laura Lee (Colorado)

Attorneys(s) for Defendant

Alber, Christopher Wayne (Colorado)

Gellar, Nicole S. (Colorado)

Judge(s)

Mix, Kristen L. (Colorado)

Attorneys(s) for Plaintiff

Fontana, Lauren (Colorado)

Rovner, Laura Lee (Colorado)

Attorneys(s) for Defendant

Alber, Christopher Wayne (Colorado)

Gellar, Nicole S. (Colorado)

Documents in the Clearinghouse

Document

1:12-cv-01326

Civil Docket for 1:12-cv-01326

Sardakowski v. Clements [PACER]

July 27, 2015

July 27, 2015

Docket
1

1:12-cv-01326

Complaint

May 21, 2012

May 21, 2012

Complaint
62

1:12-cv-01326

Amended Complaint

Nov. 19, 2012

Nov. 19, 2012

Complaint
92

1:12-cv-01326

Findings and Recommendations [Denying Defendant's MTD and Dismissing Plaintiff's Claims for Retrospective Declaratory Relief]

March 26, 2013

March 26, 2013

Magistrate Report/Recommendation
117

1:12-cv-01326

Plaintiff's Response to Defendants' Motion for Summary Judgment

Dec. 26, 2013

Dec. 26, 2013

Pleading / Motion / Brief
163

1:12-cv-01326

Reporter's Transcript: Hearing on Motion for Summary Judgment and Final Trial Preparation Conference

Feb. 25, 2014

Feb. 25, 2014

Transcript
195

1:12-cv-01326

Stipulation of Dismissal with Prejudice

July 24, 2015

July 24, 2015

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4195770/sardakowski-v-clements/

Last updated Aug. 25, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

Prisoner COMPLAINT against Tom Clements, Kavin Snyder, Travis Trani, filed by James Sardakowski. ( Event changed into a Motion for Temporary Restraining Order (dkals, ) Modified on 7/3/2012 to change event into a motion (sahsl, ). (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER
2

Prisoner's MOTION and Affidavit for Leave to Proceed Under 28 U.S.C. 1915 by Petitioner James Sardakowski. (dkals, ) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER
3

Case assigned to Magistrate Judge Boyd N. Boland Text Only Entry (dkals, ) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER
4

ORDER Drawing Case. This case shall be drawn to a district judge and to a magistrate judge, by Magistrate Judge Boyd N. Boland on 5/29/2012. (skssl, ) (Entered: 05/29/2012)

May 29, 2012

May 29, 2012

RECAP
5

CASE REASSIGNED pursuant to 4 Order. This case is reassigned to Judge R. Brooke Jackson. All future pleadings should be designated as 12-cv-01326-RBJ-KLM. Text Only Entry (skssl, ) (Entered: 05/29/2012)

May 29, 2012

May 29, 2012

PACER
6

CERTIFICATE of Service by Clerk of Court re 1 Complaint for Service of Process. (agarc, ) (Entered: 05/30/2012)

May 30, 2012

May 30, 2012

PACER
7

WAIVER OF SERVICE Returned Executed by Teresa Reynolds. Tom Clements waiver sent on 5/9/2012, answer due 7/9/2012; Kavin Snyder waiver sent on 5/9/2012, answer due 7/9/2012; Travis Trani waiver sent on 5/9/2012, answer due 7/9/2012. (sahsl, ) (Entered: 05/31/2012)

May 30, 2012

May 30, 2012

PACER
8

ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix by Judge R. Brooke Jackson on 6/5/12. (sgrim) (Entered: 06/05/2012)

June 5, 2012

June 5, 2012

PACER
9

ORDER. The Prisoners Motion and Affidavit for Leave to Proceed Pursuantto 28 U.S.C. § 1915, 2, is granted. By Magistrate Judge Kristen L. Mix on 6/5/2012.(sahsl, ) (Entered: 06/05/2012)

June 5, 2012

June 5, 2012

PACER
10

NOTICE of Avialability of a United States Magistrate Judge to Exercise Jurisdiction by Petitioner James Sardakowski (sahsl, ) (Entered: 06/07/2012)

June 7, 2012

June 7, 2012

PACER
11

Request a Clearification of Court Order by Petitioner James Sardakowski. (sahsl, ) (Entered: 06/26/2012)

June 25, 2012

June 25, 2012

PACER
12

Inmate trust fund account STATEMENT re 9 Order on Motion for Leave to Proceed in Forma Pauperis by Petitioner James Sardakowski. (sahsl, ) (Entered: 06/26/2012)

June 25, 2012

June 25, 2012

PACER
13

CERTIFICATE of Mailing/Service re 11 MOTION to Clarify re 4 Order, 12 Statement by Petitioner James Sardakowski. (sahsl, ) (Entered: 06/26/2012)

June 25, 2012

June 25, 2012

PACER
14

MEMORANDUM regarding 11 MOTION to Clarify re 4 Order filed by James Sardakowski. Motion 11 referred to Magistrate Judge Kristen L. Mix. By Judge R. Brooke Jackson on 06/27/2012. Text Only Entry (rbjsec. ) (Entered: 06/27/2012)

June 27, 2012

June 27, 2012

PACER
15

MINUTE ORDER. Plaintiffs Request [for] a [Clarification] of CourtOrder 25 is GRANTED. By Magistrate Judge Kristen L. Mix on 7/2/2012.(sahsl, ) (Entered: 07/03/2012)

July 2, 2012

July 2, 2012

RECAP
16

MEMORANDUM regarding 1 MOTION for Temporary Restraining Order filed by James Sardakowski. Motion referred to Magistrate Judge Kristen L. Mix by Judge R. Brooke Jackson on 7/3/2012. Text Only Entry (rbjlc2, ) (Entered: 07/03/2012)

July 3, 2012

July 3, 2012

PACER
17

MOTION to Dismiss by Respondents Tom Clements, Kavin Snyder, Travis Trani. (Ruiz, Kristin) (Entered: 07/09/2012)

July 9, 2012

July 9, 2012

PACER
19

MINUTE ORDER. This matter is before the Court on Defendants Motion to Dismiss 17 (the Motion). The Motion is referred to this Court for recommendation 18 . Defendants bring the Motion pursuant to Fed. R. Civ. P. 12(b)(6) and make several arguments, including that Plaintiff has failed to properly exhaust administrative remedies as required by the Prison Litigation Reform Act. Plaintiff shall file a Response to the Motion no later than 7/25/2012. Plaintiff shall ONLY respond to Defendants argument concerning exhaustion of administrative remedies. See Motion 17 at 2-5. Defendants may file a Reply no later than 8/8/2012, replying only to the issue of exhaustion of administrative remedies. By Magistrate Judge Kristen L. Mix on 7/9/2012. (sahsl, ) (Entered: 07/11/2012)

July 9, 2012

July 9, 2012

PACER
18

MEMORANDUM regarding 17 MOTION to Dismiss filed by Kavin Snyder, Tom Clements, Travis Trani. Motion 17 referred to Magistrate Judge Kristen L. Mix. By Judge R. Brooke Jackson on 07/10/2012. Text Only Entry (rbjsec. ) (Entered: 07/10/2012)

July 10, 2012

July 10, 2012

PACER
20

Inmate Trust Account and Inability to make payments STATEMENT re 9 Order on Motion for Leave to Proceed in Forma Pauperis by Petitioner James Sardakowski. (ervsl, ) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER
21

MOTION to Amend Original Complaint changed to a 1 MOTION for Temporary Restraining Order by Petitioner James Sardakowski. (ervsl, ) (Additional attachment(s) added on 7/23/2012: # 1 Proposed Document Amended complaint) (ervsl, ). (Entered: 07/23/2012)

1 Proposed Document Amended complaint

View on PACER

July 23, 2012

July 23, 2012

PACER
22

MOTION to Appoint Counsel by Petitioner James Sardakowski. (ervsl, ) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER
23

MOTION to Clarify the Record by Petitioner James Sardakowski. (ervsl, ) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER
24

RESPONSE to 17 MOTION to Dismiss filed by Petitioner James Sardakowski. (ervsl, ) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER
25

CERTIFICATE of Mailing/Service re 24 Response to Motion by Petitioner James Sardakowski. (ervsl, ) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER
26

CERTIFICATE of Mailing/Service re 23 MOTION to Clarify, 20 Statement by Petitioner James Sardakowski. (ervsl, ) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER
27

MEMORANDUM regarding 21 MOTION to Amend/Correct/Modify 1 MOTION for Temporary Restraining Order filed by James Sardakowski, 22 MOTION to Appoint Counsel filed by James Sardakowski, and 23 MOTION to Clarify filed by James Sardakowski. Motion 21, 22, and 23 referred to Magistrate Judge Kristen L. Mix. By Judge R. Brooke Jackson on 07/24/2012. Text Only Entry (rbjsec. ) (Entered: 07/24/2012)

July 24, 2012

July 24, 2012

PACER
28

MINUTE ORDER Denying Without Prejudice 21 Plaintiffs Motion to Amend Original Complaint, by Magistrate Judge Kristen L. Mix on 8/2/2012. (Attachments: # 1 Blank Prisoner Complaint Form)(ervsl, ) (Entered: 08/03/2012)

1 Blank Prisoner Complaint Form

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Aug. 2, 2012

Aug. 2, 2012

RECAP
29

ORDER granting 22 that the Motion to Appoint 22 is GRANTED to the extent that the Clerk of Court is directed to include this matter on the list of pro se cases available for volunteer counsel; IT IS FURTHER ORDERED that the Motion to Clarify 23 is GRANTED to the extent outlined above, by Magistrate Judge Kristen L. Mix on 8/2/2012.(ervsl, ) (Entered: 08/03/2012)

Aug. 2, 2012

Aug. 2, 2012

RECAP
30

REPLY to Response to 17 MOTION to Dismiss filed by Respondents Tom Clements, Kavin Snyder, Travis Trani. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ruiz, Kristin) (Entered: 08/08/2012)

1 Exhibit A

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2 Exhibit B

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Aug. 8, 2012

Aug. 8, 2012

PACER
31

Inmate trust account, inability to make payments, STATEMENT re 9 Order on Motion for Leave to Proceed in Forma Pauperis by Petitioner James Sardakowski. (alvsl, ) (Entered: 09/04/2012)

Sept. 4, 2012

Sept. 4, 2012

PACER
32

NOTICE of Entry of Appearance by Laura Lee Rovner on behalf of James Sardakowski (Rovner, Laura) (Entered: 09/07/2012)

Sept. 7, 2012

Sept. 7, 2012

PACER
33

ORDER Scheduling Conference set for 10/2/2012 11:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. by Magistrate Judge Kristen L. Mix on 09/07/12. (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3) (alvsl, ) (Entered: 09/07/2012)

1 Attachment 1

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2 Attachment 2

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3 Attachment 3

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Sept. 7, 2012

Sept. 7, 2012

RECAP
34

MINUTE ORDER This matter is before the Court sua sponte. Due to a conflict on the Courts calendar, IT IS HEREBY ORDERED that the Scheduling Conference set for October 2, 2012 at 11:00 a.m. is VACATED and RESET. Scheduling Conference Reset for 10/4/2012 11:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix, by Magistrate Judge Kristen L. Mix on 9/11/2012. (ervsl, ) (Entered: 09/11/2012)

Sept. 11, 2012

Sept. 11, 2012

PACER
35

MOTION to Continue Scheduling Conference by Petitioner James Sardakowski. (Rovner, Laura) (Entered: 09/14/2012)

Sept. 14, 2012

Sept. 14, 2012

PACER
36

MEMORANDUM regarding 35 MOTION to Continue Scheduling Conference filed by James Sardakowski. Motion 35 is referred to Magistrate Judge Kristen L. Mix. By Judge R. Brooke Jackson on 09/17/2012. Text Only Entry (rbjsec. ) (Entered: 09/17/2012)

Sept. 17, 2012

Sept. 17, 2012

PACER
37

MINUTE ORDER granting 35 Plaintiffs Motion to Continue SchedulingConference. Scheduling Conference Reset for 11/15/2012 09:30 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix, by Magistrate Judge Kristen L. Mix on 9/17/2012.(ervsl, ) (Entered: 09/17/2012)

Sept. 17, 2012

Sept. 17, 2012

PACER
38

MOTION for Order to Hold in Abeyance Defendants' Motion to Dismiss (Doc. 17) by Petitioner James Sardakowski. (Rovner, Laura) (Entered: 09/20/2012)

Sept. 20, 2012

Sept. 20, 2012

PACER
39

MEMORANDUM regarding 38 MOTION for Order to Hold in Abeyance Defendants' Motion to Dismiss (Doc. 17) filed by James Sardakowski. Motion 38 is referred to Magistrate Judge Kristen L. Mix. By Judge R. Brooke Jackson on 09/24/2012. Text Only Entry (rbjsec. ) (Entered: 09/24/2012)

Sept. 24, 2012

Sept. 24, 2012

PACER
40

MINUTE ORDER granting 38 Motion to Hold in Abeyance Defendant's Motion to Dismiss. The Court shall hold in abeyance the Motion to Dismiss 17 through and including October 25, 2012, by Magistrate Judge Kristen L. Mix on 09/24/12. (alvsl) (Entered: 09/24/2012)

Sept. 24, 2012

Sept. 24, 2012

RECAP
41

Unopposed MOTION for Leave to Appear As Student Attorney by Petitioner James Sardakowski. (Attachments: # 1 Proposed Order (PDF Only))(Rovner, Laura) (Entered: 09/24/2012)

1 Proposed Order (PDF Only)

View on PACER

Sept. 24, 2012

Sept. 24, 2012

PACER
42

MEMORANDUM regarding 41 Unopposed MOTION for Leave to Appear As Student Attorney filed by James Sardakowski. Motion 41 referred to Magistrate Judge Kristen L. Mix. By Judge R. Brooke Jackson on 09/25/2012. Text Only Entry (rbjsec. ) (Entered: 09/25/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER
43

MINUTE ORDER granting 41 Motion for Leave to Appear, by Magistrate Judge Kristen L. Mix on 09/25/12.(alvsl) (Entered: 09/26/2012)

Sept. 25, 2012

Sept. 25, 2012

RECAP
44

FINAL PAYMENT RECEIVED from James Sardakowski in the amount of $ 350.00; Receipt Number COX051018. (alvsl) (Entered: 10/16/2012)

Oct. 16, 2012

Oct. 16, 2012

PACER
45

Unopposed MOTION for Leave to Appear As Student Attorney (Mary Dewey) by Petitioner James Sardakowski. (Attachments: # 1 Proposed Order (PDF Only))(Rovner, Laura) (Entered: 10/23/2012)

1 Proposed Order (PDF Only)

View on PACER

Oct. 23, 2012

Oct. 23, 2012

PACER
46

MEMORANDUM regarding 45 Unopposed MOTION for Leave to Appear As Student Attorney (Mary Dewey) filed by James Sardakowski. Motion 45 is referred to Magistrate Judge Kristen L. Mix, by Judge R. Brooke Jackson on 10/25/2012. Text Only Entry (rbjsec. ) (Entered: 10/25/2012)

Oct. 25, 2012

Oct. 25, 2012

PACER
47

MINUTE ORDER; Plaintiff's 45 Unopposed Motion for Leave to Appear is GRANTED. Student Attorney Mary Dewey of the Civil Rights Clinic of Denver Sturm College of Law may appear before the Court and represent Plaintiff while under the direct supervision of Attorney Laura Rovner, current counsel for Plaintiff, by Magistrate Judge Kristen L. Mix on 10/25/2012.(klmcd, ) (Entered: 10/25/2012)

Oct. 25, 2012

Oct. 25, 2012

RECAP
48

MOTION to Amend/Correct/Modify 1 MOTION for Temporary Restraining Order - MOTION TO AMEND COMPLAINT by Petitioner James Sardakowski. (Attachments: # 1 Exhibit Proposed Amended Complaint, # 2 Exhibit 2 - C-CS11/12-15066, # 3 Exhibit 3 - C-CS11/12-12967, # 4 Exhibit 4 - C-CS11/12-12969, # 5 Exhibit 5 - R-CS11/12-17973, # 6 Exhibit 6 - C-CS11/12-6411, # 7 Exhibit 7 - R-CS11/12-11708, # 8 Exhibit 8 - R-CS11/12-14383)(Rovner, Laura) (Entered: 10/25/2012)

1 Exhibit Proposed Amended Complaint

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2 Exhibit 2 - C-CS11/12-15066

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3 Exhibit 3 - C-CS11/12-12967

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4 Exhibit 4 - C-CS11/12-12969

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5 Exhibit 5 - R-CS11/12-17973

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6 Exhibit 6 - C-CS11/12-6411

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7 Exhibit 7 - R-CS11/12-11708

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8 Exhibit 8 - R-CS11/12-14383

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Oct. 25, 2012

Oct. 25, 2012

PACER
49

MEMORANDUM regarding 48 MOTION to Amend/Correct/Modify 1 MOTION for Temporary Restraining Order - MOTION TO AMEND COMPLAINT filed by James Sardakowski. Motion 48 is referred to Magistrate Judge Kristen L. Mix. By Judge R. Brooke Jackson on 10/26/2012. (rbjsec. ) (Entered: 10/26/2012)

Oct. 26, 2012

Oct. 26, 2012

PACER
50

MOTION to Vacate and Reset Scheduling Conference by Respondents Tom Clements, Kavin Snyder, Travis Trani. (Ruiz, Kristin) (Entered: 11/02/2012)

Nov. 2, 2012

Nov. 2, 2012

PACER
51

MEMORANDUM regarding 50 MOTION to Vacate and Reset Scheduling Conference filed by Kavin Snyder, Tom Clements, Travis Trani. Motion 50 referred to Magistrate Judge Kristen L. Mix, by Judge R. Brooke Jackson on 11/02/2012. Text Only Entry (rbjsec. ) (Entered: 11/02/2012)

Nov. 2, 2012

Nov. 2, 2012

PACER
52

MINUTE ORDER; Defendants' 50 Motion to Vacate and Reset Scheduling Conference is GRANTED. Scheduling Conference set for 11/15/2012 is VACATED and RESET to 1/7/2013 09:30 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. Parties shall submit the proposed scheduling order no later than 1/2/2013, by Magistrate Judge Kristen L. Mix on 11/2/2012.(klmcd, ) (Entered: 11/02/2012)

Nov. 2, 2012

Nov. 2, 2012

RECAP
53

CONSENT to Jurisdiction of Magistrate Judge by Respondents Tom Clements, Kavin Snyder, Travis Trani. (Ruiz, Kristin) (Entered: 11/02/2012)

Nov. 2, 2012

Nov. 2, 2012

PACER
54

Unopposed MOTION to Withdraw as Attorney - Student Attorney (Jordan Isaacs) by Petitioner James Sardakowski. (Rovner, Laura) (Entered: 11/05/2012)

Nov. 5, 2012

Nov. 5, 2012

PACER
55

MEMORANDUM regarding 54 Unopposed MOTION to Withdraw as Attorney - Student Attorney (Jordan Isaacs) filed by James Sardakowski. Motion 54 is referred to Magistrate Judge Kristen L. Mix, by Judge R. Brooke Jackson on 11/5/2012. Text Only Entry (rbjsec. ) (Entered: 11/05/2012)

Nov. 5, 2012

Nov. 5, 2012

PACER
56

MINUTE ORDER; Plaintiff's 54 Unopposed Motion to Withdraw Appearance of Former Student Attorney is GRANTED. Student Attorney Jordan Isaacs of the Civil Rights Clinic at the University of Denver Sturm College of Law is relieved of any further representation of the Plaintiff in this case, by Magistrate Judge Kristen L. Mix on 11/5/2012.(klmcd, ) (Entered: 11/05/2012)

Nov. 5, 2012

Nov. 5, 2012

PACER
57

ORDER OF REFERENCE Pursuant to 28 U.S.C. 636(c) Upon Consent to Jurisdiction of Magistrate Judge by Judge R. Brooke Jackson on 11/8/12. (nmmsl, ) (Entered: 11/08/2012)

Nov. 8, 2012

Nov. 8, 2012

PACER
58

CASE REASSIGNED pursuant to 57 Order on Consent to Jurisdiction of Magistrate Judge. This case is reassigned to Magistrate Judge Kristen L. Mix. All future pleadings should be designated as 12-cv-1326-KLM. Text Only Entry (nmmsl, ) (Entered: 11/08/2012)

Nov. 8, 2012

Nov. 8, 2012

PACER
59

MOTION to Withdraw Reference to Magistrate Judge by Petitioner James Sardakowski. (Attachments: # 1 Exhibit 1 - Kaade Decl.)(Rovner, Laura) (Entered: 11/09/2012)

1 Exhibit 1 - Kaade Decl.

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Nov. 9, 2012

Nov. 9, 2012

PACER
60

RESPONSE to 48 MOTION to Amend/Correct/Modify 1 MOTION for Temporary Restraining Order - MOTION TO AMEND COMPLAINT filed by Respondents Tom Clements, Kavin Snyder, Travis Trani. (Ruiz, Kristin) (Entered: 11/15/2012)

Nov. 15, 2012

Nov. 15, 2012

PACER
61

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 11/19/12 GRANTING 48 Motion to Amend; DENYING as moot 17 Motion to Dismiss;and DENYING without prejudice 1 Motion for Temporary Restraining Order. ORDERED that the Clerk of the Court shall accept Plaintiff's Amended Complaint [#48-1] for filing as of the date of this Minute Order.(nmmsl, ) (Entered: 11/19/2012)

Nov. 19, 2012

Nov. 19, 2012

RECAP
62

AMENDED COMPLAINT against Tom Clements, Travis Trani, Joanie Shoemaker, Paula Frantz, James Michaud, Jill Lampela, State of Colorado Department of Corrections, filed by James Sardakowski. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Exhibit 8)(nmmsl, ) (Main Document 62 replaced on 11/28/2012) (nmmsl, ). Modified on 11/28/2012 to put filing date on document. (nmmsl, ). (Entered: 11/19/2012)

1 Exhibit 2

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2 Exhibit 3

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3 Exhibit 4

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4 Exhibit 5

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5 Exhibit 6

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6 Exhibit 7

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7 Exhibit 8

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Nov. 19, 2012

Nov. 19, 2012

PACER
63

ORDER granting 59 Motion to Withdraw Reference. However, the withdrawal is for purposes of trial only. The order of reference to the magistrate judge stands with respect to all other matters, subject of course to the parties' normal right to file objections to orders or recommendations with which they disagree. by Judge R. Brooke Jackson on 11/19/12. Text Only Entry(rbj) (Entered: 11/19/2012)

Nov. 19, 2012

Nov. 19, 2012

PACER
64

LETTER RETURNING CONSENT CASE. Consent to Jurisdiction of Magistrate Judge is withdrawn pursuant to 63 Order. Case returned to Judge R. Brooke Jackson and Magistrate Judge Kristen L. Mix for all further proceedings. All future pleadings should be designated as 12-cv-01326-RBJ-KLM. Text Only Entry. (nmmsl, ) (Entered: 11/20/2012)

Nov. 20, 2012

Nov. 20, 2012

PACER
65

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 62 Amended Complaint, by Defendants Tom Clements, Travis Trani. (Ruiz, Kristin) (Entered: 11/29/2012)

Nov. 29, 2012

Nov. 29, 2012

PACER
66

MEMORANDUM regarding 65 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 62 Amended Complaint, filed by Tom Clements, Travis Trani. Motion 65 is referred to Magistrate Judge Kristen L. Mix. By Judge R. Brooke Jackson on 11/30/2012. Text Only Entry (rbjsec. ) (Entered: 11/30/2012)

Nov. 30, 2012

Nov. 30, 2012

PACER
67

WAIVER OF SERVICE Returned Executed by James Sardakowski. Jill Lampela waiver sent on 11/28/2012, answer due 1/28/2013; Joanie Shoemaker waiver sent on 11/28/2012, answer due 1/28/2013; State of Colorado Department of Corrections waiver sent on 11/28/2012, answer due 1/28/2013. (Rovner, Laura) (Entered: 12/01/2012)

Dec. 1, 2012

Dec. 1, 2012

PACER
68

MINUTE ORDER; Defendants Tom Clements and Travid Trani's 65 Unopposed Motion for Enlargement of Time to Answer or Otherwise Respond to Plaintiff's Amended Complaint is GRANTED. Defendants Tom Clements and Travis Trani shall file an an answer or other response to Plaintiff's Amended Complaint 62 on or before 1/28/2013. Scheduling Conference set for 1/7/2013 is VACATED and RESET to 2/27/2013 10:30 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. Parties shall submit their proposed scheduling order no later than 2/22/2013, by Magistrate Judge Kristen L. Mix on 12/3/2012.(klmcd, ) (Entered: 12/03/2012)

Dec. 3, 2012

Dec. 3, 2012

PACER
69

WAIVER OF SERVICE Returned Executed by Paula Frantz. Paula Frantz waiver sent on 12/11/2012, answer due 2/11/2013. (Rovner, Laura) (Entered: 12/12/2012)

Dec. 12, 2012

Dec. 12, 2012

PACER
70

WAIVER OF SERVICE Returned Executed by James Michaud. James Michaud waiver sent on 12/11/2012, answer due 2/11/2013. (Rovner, Laura) (Entered: 12/12/2012)

Dec. 12, 2012

Dec. 12, 2012

PACER
71

MOTION to Withdraw as Attorney /Motion for Substitution of Counsel by Defendants Tom Clements, Paula Frantz, Jill Lampela, James Michaud, Joanie Shoemaker, State of Colorado Department of Corrections, Travis Trani. (Amatangel, Lisa) (Entered: 01/17/2013)

Jan. 17, 2013

Jan. 17, 2013

PACER
72

ORDER granting 71 Motion to Withdraw as Attorney. Attorney Kristin A. Ruiz terminated. By Judge R. Brooke Jackson on 01/18/2013. Text Only Entry(rbjsec. ) (Entered: 01/18/2013)

Jan. 18, 2013

Jan. 18, 2013

PACER
73

NOTICE of Entry of Appearance by Lisa Amatangel by Nicole S. Gellar on behalf of Tom Clements, Paula Frantz, Jill Lampela, James Michaud, Joanie Shoemaker, State of Colorado Department of Corrections (Gellar, Nicole) (Entered: 01/25/2013)

Jan. 25, 2013

Jan. 25, 2013

PACER
74

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 62 Amended Complaint, by Defendants Tom Clements, Paula Frantz, Jill Lampela, James Michaud, Joanie Shoemaker, State of Colorado Department of Corrections. (Gellar, Nicole) (Entered: 01/25/2013)

Jan. 25, 2013

Jan. 25, 2013

PACER
75

MEMORANDUM regarding 74 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 62 Amended Complaint, filed by Joanie Shoemaker, Tom Clements, James Michaud, Paula Frantz, Jill Lampela, State of Colorado Department of Corrections. Motion 74 is referred to Magistrate Judge Kristen L. Mix, by Judge R. Brooke Jackson on 01/28/2013. Text Only Entry (rbjsec. ) (Entered: 01/28/2013)

Jan. 28, 2013

Jan. 28, 2013

PACER
76

Unopposed MOTION for Leave to Appear As Student Attorneys (A. Essex & D. Kaade) by Plaintiff James Sardakowski. (Attachments: # 1 Proposed Order (PDF Only) (Amanda Essex, Student Attorney), # 2 Proposed Order (PDF Only) (Donald Kaade, Student Attorney))(Rovner, Laura) (Entered: 01/29/2013)

1 Proposed Order (PDF Only) (Amanda Essex, Student Attorney)

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2 Proposed Order (PDF Only) (Donald Kaade, Student Attorney)

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Jan. 29, 2013

Jan. 29, 2013

PACER
77

MEMORANDUM regarding 76 Unopposed MOTION for Leave to Appear As Student Attorneys (A. Essex & D. Kaade) filed by James Sardakowski. Motion 76 is referred to Magistrate Judge Kristen L. Mix, by Judge R. Brooke Jackson on 01/30/2013. Text Only Entry (rbjsec. ) (Entered: 01/30/2013)

Jan. 30, 2013

Jan. 30, 2013

PACER
78

MINUTE ORDER granting 74 Motion for Extension of Time to Answer or Otherwise Respond. Defendants shall file an answer or otherwise respond to Plaintiff's Amended Complaint on or before February 4, 2013. IT IS FURTHER ORDERED that the Motion to Appear 76 is GRANTED. Student Attorney Amanda Essex and Student Attorney Donald Kaade of the Civil Rights Clinic at the University of Denver Sturm College of Law may appear before the Court and represent Plaintiff while under the direct supervision of Attorney Laura Rovner, current counsel for Plaintiff. By Magistrate Judge Kristen L. Mix on 01/30/13. (alvsl) (Entered: 01/30/2013)

Jan. 30, 2013

Jan. 30, 2013

RECAP
79

MOTION to Dismiss by Defendants Tom Clements, Paula Frantz, Jill Lampela, James Michaud, Joanie Shoemaker, State of Colorado Department of Corrections. (Attachments: # 1 Exhibit Robinson v. Corriveau)(Amatangel, Lisa) (Entered: 02/04/2013)

1 Exhibit Robinson v. Corriveau

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Feb. 4, 2013

Feb. 4, 2013

PACER
80

MEMORANDUM regarding 79 MOTION to Dismiss filed by Joanie Shoemaker, Tom Clements, James Michaud, Paula Frantz, Jill Lampela, State of Colorado Department of Corrections. Motion 79 is referred to Magistrate Judge Kristen L. Mix, by Judge R. Brooke Jackson on 02/05/2013. Text Only Entry (rbjsec. ) (Entered: 02/05/2013)

Feb. 5, 2013

Feb. 5, 2013

PACER
81

NOTICE of Entry of Appearance by Christopher Wayne Alber on behalf of Tom Clements, Paula Frantz, Jill Lampela, James Michaud, Joanie Shoemaker, State of Colorado Department of Corrections, Travis Trani (Alber, Christopher) (Entered: 02/21/2013)

Feb. 21, 2013

Feb. 21, 2013

PACER
82

Proposed Scheduling Order by Plaintiff James Sardakowski. (Rovner, Laura) (Entered: 02/22/2013)

Feb. 22, 2013

Feb. 22, 2013

PACER
83

MOTION to Stay Discovery by Defendants Tom Clements, Paula Frantz, Jill Lampela, James Michaud, Joanie Shoemaker, State of Colorado Department of Corrections. (Alber, Christopher) (Entered: 02/22/2013)

Feb. 22, 2013

Feb. 22, 2013

PACER
84

MEMORANDUM regarding 83 MOTION to Stay Discovery filed by Joanie Shoemaker, Tom Clements, James Michaud, Paula Frantz, Jill Lampela, State of Colorado Department of Corrections. Motion 83 is referred to Magistrate Judge Kristen L. Mix, By Judge R. Brooke Jackson on 02/22/2013. Text Only Entry (rbjsec. ) (Entered: 02/22/2013)

Feb. 22, 2013

Feb. 22, 2013

PACER
85

RESPONSE to 79 MOTION to Dismiss filed by Plaintiff James Sardakowski. (Rovner, Laura) (Entered: 02/25/2013)

Feb. 25, 2013

Feb. 25, 2013

RECAP
86

MINUTE ENTRY for proceedings held before Magistrate Judge Kristen L. Mix: Scheduling Conference held on 2/27/2013; Discovery due by 8/27/2013. Dispositive Motions due by 9/26/2013. Final Pretrial Conference set for 1/27/2014 10:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. Court Reporter: FTR - Monique Wiles. (Attachments: # 1 Requirements of Practice) (klmcd, ) (Entered: 02/27/2013)

1 Requirements of Practice

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Feb. 27, 2013

Feb. 27, 2013

PACER
87

SCHEDULING ORDER: by Magistrate Judge Kristen L. Mix on 2/27/2013. (klmcd, ) (Entered: 02/27/2013)

Feb. 27, 2013

Feb. 27, 2013

PACER
88

ORDER SETTING TRIAL AND TRIAL PREPARATION CONFERENCE: This matter has been scheduled for a five-day bench trial on the docket of Judge R. Brooke Jackson in the U.S. District Courthouse, Courtroom A902, 9th Floor, 901 19th Street, Denver, Colorado, to commence on March 17, 2014 at 9:00 a.m. A Trial Preparation Conference is set for February 25, 2014 at 2:00 p.m. By Judge R. Brooke Jackson on 02/27/2013. (rbjsec. ) (Entered: 02/27/2013)

Feb. 27, 2013

Feb. 27, 2013

RECAP
89

RESPONSE to 83 MOTION to Stay Discovery filed by Plaintiff James Sardakowski. (Rovner, Laura) (Entered: 03/07/2013)

March 7, 2013

March 7, 2013

PACER
90

REPLY to Response to 79 MOTION to Dismiss filed by Defendants Tom Clements, Paula Frantz, Jill Lampela, James Michaud, Joanie Shoemaker, State of Colorado Department of Corrections, Travis Trani. (Amatangel, Lisa) (Entered: 03/11/2013)

March 11, 2013

March 11, 2013

PACER
91

REPLY to Response to 83 MOTION to Stay Discovery filed by Defendants Tom Clements, Paula Frantz, Jill Lampela, James Michaud, Joanie Shoemaker, State of Colorado Department of Corrections, Travis Trani. (Alber, Christopher) (Entered: 03/21/2013)

March 21, 2013

March 21, 2013

PACER
92

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 79 MOTION to Dismiss filed by Joanie Shoemaker, Tom Clements, James Michaud, Paula Frantz, Jill Lampela, State of Colorado Department of Corrections. The Court respectfully RECOMMENDS that Plaintiff's claims for retrospective declaratory relief be dismissed without prejudice and that Defendants' Motion 79 be DENIED, by Magistrate Judge Kristen L. Mix on 3/26/2013. (klmcd, ) (Entered: 03/26/2013)

March 26, 2013

March 26, 2013

RECAP
93

MINUTE ORDER finding as moot 83 Motion to Stay. By Magistrate Judge Kristen L. Mix on 03/26/13. (alvsl ) (Entered: 03/26/2013)

March 26, 2013

March 26, 2013

RECAP
94

NOTICE of Entry of Appearance by Lisa Shawn Graybill on behalf of James Sardakowski (Graybill, Lisa) (Entered: 05/31/2013)

May 31, 2013

May 31, 2013

PACER
95

Stipulated MOTION for Protective Order by Defendants Tom Clements, Paula Frantz, Jill Lampela, James Michaud, Joanie Shoemaker, State of Colorado Department of Corrections. (Attachments: # 1 Proposed Order (PDF Only) Stipulated Protective Order)(Amatangel, Lisa) (Entered: 06/04/2013)

1 Proposed Order (PDF Only) Stipulated Protective Order

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June 4, 2013

June 4, 2013

PACER
96

ORDER denying 95 Stipulated MOTION for Protective Order. The Court has no objection to any restrictions the parties want to place on one another. However, documents filed in the court files are presumptively available to the public. The Court does not have an objection to a protective order as to documents that must be filed with the Court so long as it is narrowly tailored to assure that only truly confidential information, such as medical information or information concerning correctional security, is restricted. The proposed order is too broad. By Judge R. Brooke Jackson on 06/05/2013. Text Only Entry(rbjsec. ) (Entered: 06/05/2013)

June 5, 2013

June 5, 2013

PACER
97

Unopposed MOTION for Extension of Time to Disclose Expert Witnesses and for Extension of Other Deadlines by Plaintiff James Sardakowski. (Attachments: # 1 Proposed Order (PDF Only))(Graybill, Lisa) (Entered: 06/10/2013)

1 Proposed Order (PDF Only)

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June 10, 2013

June 10, 2013

PACER
104

Unopposed MOTION to Withdraw as Attorney A. Essex and D. Kaade by Plaintiff James Sardakowski. (Graybill, Lisa) (Entered: 08/27/2013)

Aug. 27, 2013

Aug. 27, 2013

98

MEMORANDUM regarding 97 Unopposed MOTION for Extension of Time to Disclose Expert Witnesses and for Extension of Other Deadlines filed by James Sardakowski. Motion 97 is referred to Magistrate Judge Kristen L. Mix, by Judge R. Brooke Jackson on 06/11/2013. Text Only Entry (rbjsec. ) (Entered: 06/11/2013)

June 11, 2013

June 11, 2013

PACER
99

MINUTE ORDER granting 97 Unopposed Motion for Extension of Deadlines. The Scheduling Order entered on February 27, 2013 # 87 is amended to extend the following deadlines: Affirmative Expert Disclosure Deadline July 19, 2013; Rebuttal Expert Disclosure Deadline August 28, 2013; Discovery Deadline September 27, 2013; Dispositive Motions Deadline October 28, 2013. By Magistrate Judge Kristen L. Mix on 06/17/13. (alvsl) (Entered: 06/17/2013)

June 17, 2013

June 17, 2013

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 21, 2012

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff was an inmate incarcerated in the Colorado State Penitentiary. He suffered from severe mental illness and had a developmental disability.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

University of Denver Civil Rights Clinic

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Colorado Department of Corrections, State

Defendant Type(s):

Corrections

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Establishment Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Administrative segregation

Conditions of confinement

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Medical/Mental Health:

Intellectual/Developmental Disability

Intellectual disability/mental illness dual diagnosis

Self-injurious behaviors

Suicide prevention