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Case: Rogers v. Colorado Department of Corrections

1:16-cv-02733 | U.S. District Court for the District of Colorado

Filed Date: Nov. 3, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 3, 2016, a woman incarcerated in the custody of the Denver Women’s Correctional Facility filed this pro se lawsuit in the U.S. District Court for the District of Colorado. The plaintiff sued the State of Colorado, the Colorado Department of Corrections, and the Warden of the Denver Women’s Correctional Facility under the Americans with Disabilities Act (ADA) and 42 U.S.C. § 1983, seeking damages. She claimed that defendants violated the ADA as well as her constitutional rights to du…

On November 3, 2016, a woman incarcerated in the custody of the Denver Women’s Correctional Facility filed this pro se lawsuit in the U.S. District Court for the District of Colorado. The plaintiff sued the State of Colorado, the Colorado Department of Corrections, and the Warden of the Denver Women’s Correctional Facility under the Americans with Disabilities Act (ADA) and 42 U.S.C. § 1983, seeking damages. She claimed that defendants violated the ADA as well as her constitutional rights to due process under the Fourteenth Amendment and against cruel and unusual punishment under the Eighth Amendment.

Specifically, the plaintiff alleged she was denied a Sorenson Video Phone (SVP) after she placed multiple requests with the Department of Corrections to provide one so that she could communicate with her parents, who were deaf. The SVP offers a service for the deaf community paid for by the government for those who qualify under the ADA. Although the plaintiff originally struggled to meet the court’s pleading standards, once she obtained counsel from the Civil Rights Education and Enforcement Center on March 31, 2017, she filed a third amended complaint on June 15, 2017, adding three new plaintiffs. The new complaint also added claims under the Rehabilitation Act and replaced allegations of Eighth and Fourteenth Amendment violations with claims of First Amendment violations.

The case was assigned to Magistrate Judge Gordon P. Gallagher and then later reassigned to Magistrate Judge Scott T. Varholak. On June 30, 2017, the defendants filed a motion to dismiss the third amended complaint, claiming that the plaintiff lacked standing to assert her claims under the ADA and Rehabilitation Act and that the plaintiffs failed to state a claim upon which relief could be granted.

The court disagreed with the defendants’ arguments and on September 29, 2017, denied the motion to dismiss. The court found that the plaintiff had standing to assert her ADA and Rehabilitation Act claims and that the plaintiff pleaded sufficiently plausible claims for relief.

On January 22, 2018, the plaintiffs filed a fourth amended complaint, adding two plaintiffs and removing the Fourteenth Amendment claim. The defendants filed an answer to this complaint on February 5, 2018. The plaintiffs dismissed an additional defendant on October 25, 2018, without explanation. Four days later, the plaintiffs filed a motion for partial summary judgment, arguing that the Colorado Department of Corrections could not prove that the TTY phones it had were as effective as videophones and that CDOC provided no affirmative defenses under the Effective Communication Claim. In response, the defendants filed a motion for summary judgment on October 29, 2018, arguing in part that the plaintiffs failed to exhaust their administrative remedies through the prison grievance system.

The plaintiffs joined their case with Rabinkov v. Colorado Department of Corrections, another federal case against the CDOC regarding the provision (or lack thereof) of videophones to deaf prisoners or relatives of deaf individuals on November 20, 2018. On December 27, 2018, the plaintiffs filed a motion to certify a class of similarly-situated deaf incarcerated people; however, the motion was withdrawn less than a month later.

On January 14, the defendants filed a motion to dismiss, and on January 17, the plaintiffs filed an amended complaint. On January 25, 2019, the defendants filed a motion to dismiss the plaintiffs’ claim for failure to state a claim; this was dismissed by Judge Varholak on April 9, 2019. Defendants then moved for summary judgment and for dismissal on mootness grounds on May 6, and June 21, respectively.

On September 18, 2019, Judge Varholak ruled on several outstanding motions: the defendants’ motion to dismiss, filed on June 21, 2019, one plaintiff’s motion for summary judgment, filed on January 17, 2019, and the defendants’ motion for summary judgment, filed on May 6, 2019. Judge Varholak denied the June 21 motion (finding that the defendants had not met the burden to show that the plaintiffs’ claims were moot), granted the January 17 motion (one plaintiff’s motion for partial summary judgment on ADA and Rehabilitation Act claims), and granted in part and denied in part the May 6 motion (finding that two out of three plaintiffs had failed to exhaust administrative remedies but denying the defendants’ motion to dismiss regarding the remaining plaintiff’s ADA and Rehabilitation Act claims, First Amendment claims, and claims for compensatory damages). Finally, Judge Varholak ordered the Colorado Department of Corrections to make videophones available and to adopt effective and comprehensive policies relating to videophones. 2019 WL 4464036.

On October 4, 2019, the plaintiffs filed a joint motion for referral to a settlement conference, and Magistrate Judge N. Reid Neureiter was assigned to conduct a settlement conference. The parties gave no reason for the sudden change in tactic. 

In response to the court's order that the CDOC provide videophones, the defendants moved for reconsideration. Magistrate Judge Varholak denied the motion on October 17, 2019, holding that the defendants failed to show any new evidence or case law that might have led the court to reconsider its holding. 2019 WL 5265257. 

The parties engaged in settlement conferences on October 28, 2019, and November 13, 2019. On February 7, 2020, the court accepted the parties' agreement in the form of a consent decree. The consent decree ordered the CDOC to install additional videophones in three facilities: the Colorado Territorial Correctional Facility, Denver Women’s Correctional Facility, and the Denver Reception and Diagnostic Center. Additionally, if an eligible individual was housed in another facility for more than two weeks, the CDOC was ordered to install a videophone for that person's use. Finally, the CDOC was ordered to post notices to ensure individuals were aware of the videophones and to provide information to the plaintiffs' counsel for compliance monitoring. The parties agreed to meet and confer before submitting any dispute to the court, and they requested the court retain jurisdiction for the two years the consent decree was to be in effect. 

On February 19, 2020, an incarcerated person petitioned the court for sanctions, because he did not have access to a videophone, a violation of the October 2019 court order. A few days later, Judge Varholak denied the petition for sanctions because the petitioner was not a party to the lawsuit and the issue was moot in light of the consent decree. 

Judge Varholak amended the consent decree on May 5, 2020 by ordering the CDOC to install the videophones by June 10, 2020. The case remains pending a trial on monetary damages and resolution of the First Amendment claims as of March 31, 2022. The case is thus ongoing.

Summary Authors

Jake Parker (6/15/2018)

Elizabeth Helpling (10/29/2019)

Laura Irei (3/31/2022)

Related Cases

Rabinkov v. Colorado Department of Corrections, District of Colorado (2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6892991/parties/rogers-v-colorado-department-of-corrections/


Judge(s)

Varholak, Scott T. (Colorado)

Attorneys(s) for Plaintiff

Lafferty, Martha M. (Tennessee)

Robertson, Amy Farr (Colorado)

Attorneys(s) for Defendant

Alber, Christopher Wayne (Colorado)

Blaswell, Maritza D (Colorado)

Spalding, Kathleen L. (Colorado)

Judge(s)

Varholak, Scott T. (Colorado)

Attorneys(s) for Plaintiff

Lafferty, Martha M. (Tennessee)

Robertson, Amy Farr (Colorado)

Attorneys(s) for Defendant

Alber, Christopher Wayne (Colorado)

Blaswell, Maritza D (Colorado)

Spalding, Kathleen L. (Colorado)

Documents in the Clearinghouse

Document

1:16-cv-02733

Docket [PACER]

Rogers v. Denver Women's Correctional Facility

Oct. 18, 2019

Oct. 18, 2019

Docket
1

1:16-cv-02733

Notice and Claims for acts and omissions

Nov. 3, 2016

Nov. 3, 2016

Complaint
4

1:16-cv-02733

Prisoner Complaint

Rogers v. Denver Women's Correctional Facility

Dec. 8, 2016

Dec. 8, 2016

Complaint
11

1:16-cv-02733

Prisoner Complaint

Feb. 21, 2017

Feb. 21, 2017

Complaint
34

1:16-cv-02733

Third Amended Complaint

Rogers v. Denver Women's Correctional Facility

June 15, 2017

June 15, 2017

Complaint
52

1:16-cv-02733

Order

Rogers v. Denver Women's Correctional Facility

Sept. 29, 2017

Sept. 29, 2017

Order/Opinion
66

1:16-cv-02733

Fourth Amended Complaint

Jan. 22, 2018

Jan. 22, 2018

Complaint
87-2

1:16-cv-02733

Expert Report of Richard Ray

Oct. 29, 2018

Oct. 29, 2018

Monitor/Expert/Receiver Report
117-3

1:16-cv-02733

Expert Report of Jean Andrews

Jan. 17, 2019

Jan. 17, 2019

Monitor/Expert/Receiver Report
115

1:16-cv-02733

Amended Complaint

Jan. 17, 2019

Jan. 17, 2019

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6892991/rogers-v-colorado-department-of-corrections/

Last updated Nov. 2, 2022, 3:27 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE and Claims for Acts and Omissions by Plaintiff Bionca Charmaine Rogers (Attachments: # 1 Envelope)(dbera, ) (Entered: 11/07/2016)

1 Envelope

View on PACER

Nov. 3, 2016

Nov. 3, 2016

Clearinghouse
2

Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry (dbera, ) (Entered: 11/07/2016)

Nov. 3, 2016

Nov. 3, 2016

PACER
3

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES by Magistrate Judge Gordon P. Gallagher on 11/8/16. (dkals, ) (Entered: 11/08/2016)

Nov. 8, 2016

Nov. 8, 2016

PACER
4

[AMENDED] COMPLAINT against A. Anthony DeCesaro, Michelle Brothers, Terry Jaques, Janet Smith, Adrienne Jacobson, Marshall Griffith, Jason Lopez, Bryon Sparling, Keegan Fowler, David Johnson, filed by Bionca Charmaine Rogers.(dkals, ) (Entered: 12/08/2016)

Dec. 8, 2016

Dec. 8, 2016

Clearinghouse
5

MOTION and Affidavit for Leave to Proceed Under 28 U.S.C. 1915 by Plaintiff Bionca Charmaine Rogers. (dkals, ) (Entered: 12/08/2016)

Dec. 8, 2016

Dec. 8, 2016

PACER
6

ORDER granting 5 Motion for Leave to Proceed in Forma Pauperis by Magistrate Judge Gordon P. Gallagher on 12/12/16. (dkals, ) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER
7

LETTER by Plaintiff Bionca Charmaine Rogers. (dkals, ) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER
8

ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT by Magistrate Judge Gordon P. Gallagher on 1/19/17. (dkals, ) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER
9

LETTER by Plaintiff Bionca Charmaine Rogers. (dkals, ) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER
10

MINUTE ORDER directing the Clerk to mail Plaintiff the Prisoner Complaint form by Magistrate Judge Gordon P. Gallagher on 1/24/17 (mailed as ordered). (dkals, ) (Entered: 01/24/2017)

Jan. 24, 2017

Jan. 24, 2017

PACER
11

[AMENDED] COMPLAINT against Denver Women's Correctional Facility, Rick Raemisch, filed by Bionca Charmaine Rogers.(dkals, ) (Entered: 02/22/2017)

Feb. 21, 2017

Feb. 21, 2017

Clearinghouse
12

ORDER TO DISMISS IN PART AND TO DRAW CASE by Judge Lewis T. Babcock on 3/24/17. Denver Women's Correctional Facility is dismissed. (dkals, ) (Entered: 03/24/2017)

March 24, 2017

March 24, 2017

PACER
13

CASE REASSIGNED pursuant to 12 Order: This case is randomly reassigned to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 16-cv-02733-STV. (Text Only Entry) (dkals, ) (Entered: 03/24/2017)

March 24, 2017

March 24, 2017

PACER
14

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (dkals, ) (Entered: 03/24/2017)

March 24, 2017

March 24, 2017

PACER
15

CERTIFICATE of Service by Clerk of Court re 12 Order to Dismiss in Part and Draw, 11 Amended Complaint for Service of Process. (sphil, ) (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER
16

WAIVER OF SERVICE Returned Executed Rick Raemisch waiver sent on 3/30/2017, answer due 5/30/2017. (slibi, ) (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER
17

*DISREGARD* SUMMONS issued by Clerk. (slibi, ) Modified on 3/31/2017 filed inadvertently (slibi, ). (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER
18

ORDER Setting Deadline for Filing Election Concerning Consent/Non-Consent to Magistrate Jurisdiction Form and Setting Scheduling Conference, by Magistrate Judge Scott T. Varholak on 4/05/2017. Consent/Non-Consent Form due on or before 5/25/2017. Scheduling Conference set for 6/8/2017 10:00 AM in Courtroom C205 before Magistrate Judge Scott T. Varholak. (slibi, ) (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

PACER
19

MOTION to Appoint Counsel, by Plaintiff Bionca Charmaine Rogers. (Attachments: # 1 Envelope)(nmarb, ) (Entered: 04/07/2017)

1 Envelope

View on PACER

April 7, 2017

April 7, 2017

PACER
20

STRICKEN CONSENT to Jurisdiction of Magistrate Judge, by Plaintiff Bionca Charmaine Rogers. All parties consent. (Attachments: # 1 Envelope)(slibi, ) Modified on 4/11/2017 to strike document pursuant to 23 Minute Order (morti, ). (Entered: 04/10/2017)

1 Envelope

View on PACER

April 10, 2017

April 10, 2017

PACER
21

LETTER re: 19 MOTION to Appoint Counsel by Plaintiff Bionca Charmaine Rogers. (slibi, ) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER
22

ORDER denying without prejudice 19 Motion for Appointment of Counsel, by Magistrate Judge Scott T. Varholak on 4/10/2017. (slibi, ) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER
23

MINUTE ORDER The Clerk of the Court shall strike the Consent/Non-consent form 20 filed by Plaintiff for failure to comply with the Civil Rules for the District of Colorado. Plaintiff shall refile the Consent/Non-consent form once she has had the opportunity to confer with Defendant or counsel for Defendant. By Magistrate Judge Scott T. Varholak on 4/11/2017. Text Only Entry (stvlc2, ) (Entered: 04/11/2017)

April 11, 2017

April 11, 2017

PACER
24

MOTION for Extension of Time, by Plaintiff Bionca Charmaine Rogers. (Attachments: # 1 Envelope)(slibi, ) (Entered: 05/05/2017)

1 Envelope

View on PACER

May 5, 2017

May 5, 2017

PACER
25

ORDER granting in part 24 Motion for Extension of Time, by Magistrate Judge Scott T. Varholak on 5/09/2017. Scheduling Conference set for 6/08/2017 is VACATED and RESET as a Status Conference set for 6/8/2017 10:00 AM in Courtroom C205 before Magistrate Judge Scott T. Varholak. (slibi, ) (Entered: 05/09/2017)

May 9, 2017

May 9, 2017

PACER
26

CERTIFICATE of Service by Clerk of Court re 25 Order and a copy of the Consent/Non-Consent Form, to CASE MANAGER FOR BIONCA CHARMAINE ROGERS #169704, DENVER WOMENS CORRECTIONAL FACILITY (DWCF), P.O. BOX 392005, DENVER, CO 80239. Text Only Entry (slibi, ) (Entered: 05/09/2017)

May 9, 2017

May 9, 2017

PACER
27

MOTION for Extension of Time to File Answer or Otherwise Respond re 11 Amended Complaint by Defendant Rick Raemisch. (Alber, Christopher) (Entered: 05/30/2017)

May 30, 2017

May 30, 2017

PACER
28

ORDER granting 27 Motion for Enlargement of Time to Answer or Otherwise Respond to Plaintiff's Amended Complaint. Defendant Rick Raemisch shall respond to the Amended Complaint on or before 6/27/2017. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/30/2017. Text Only Entry (stvlc1, ) (Entered: 05/30/2017)

May 30, 2017

May 30, 2017

PACER
29

NOTICE of Entry of Appearance by Amy Farr Robertson on behalf of Bionca Charmaine RogersAttorney Amy Farr Robertson added to party Bionca Charmaine Rogers(pty:pla) (Robertson, Amy) (Entered: 05/31/2017)

May 31, 2017

May 31, 2017

PACER
30

CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Bionca Charmaine Rogers All parties consent.. (Robertson, Amy) (Entered: 06/06/2017)

June 6, 2017

June 6, 2017

PACER
31

ORDER OF REFERENCE Upon Consent to Jurisdiction of Magistrate Judge: Upon consent of the parties evidenced by Docket Entry #30, this case is referred to Magistrate Judge Scott T. Varholak for all purposes pursuant to D.C.COLO.LCivR 72.2(d) and 28 U.S.C. ยง 636(c). by Chief Judge Marcia S. Krieger on 6/7/17. Text Only Entry (msksec, ) (Entered: 06/07/2017)

June 7, 2017

June 7, 2017

PACER
32

MINUTE ENTRY forS tatus Conference held before Magistrate Judge Scott T. Varholak on 6/8/2017. Status Conference set for 8/24/2017 09:30 AM in Courtroom C203 before Magistrate Judge Scott T. Varholak. Hearing concluded. FTR: STV - C205. (morti, ) (Entered: 06/08/2017)

June 8, 2017

June 8, 2017

PACER
33

NOTICE of Filing Amended Pleading by Plaintiff Bionca Charmaine Rogers (Robertson, Amy) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER
34

AMENDED COMPLAINT against Rick Raemisch, filed by Bionca Charmaine Rogers.(Robertson, Amy) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

Clearinghouse
35

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 34 Amended Complaint by Defendant Rick Raemisch. (Alber, Christopher) (Entered: 06/29/2017)

June 29, 2017

June 29, 2017

PACER
36

ORDER granting 35 Motion for Extension of Time to Answer or Otherwise Respond. Rick Raemisch answer due 6/30/2017. By Magistrate Judge Scott T. Varholak on 6/30/2017. Text Only Entry (stvlc2, ) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
37

MOTION to Dismiss by Defendant Rick Raemisch. (Alber, Christopher) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
38

RESPONSE to 37 MOTION to Dismiss filed by Plaintiff Bionca Charmaine Rogers. (Attachments: # 1 Exhibit Robertson Dec. w Exhibits, # 2 Exhibit Mincberg Dec. w Exhibits)(Robertson, Amy) (Entered: 07/21/2017)

1 Exhibit Robertson Dec. w Exhibits

View on PACER

2 Exhibit Mincberg Dec. w Exhibits

View on PACER

July 21, 2017

July 21, 2017

PACER
39

DECLARATION of Amy Robertson with Attached Exhibits regarding Response to Motion 38 by Plaintiff Bionca Charmaine Rogers. (Robertson, Amy) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
40

REPLY to Response to 37 MOTION to Dismiss filed by Defendant Rick Raemisch. (Alber, Christopher) (Entered: 08/04/2017)

Aug. 4, 2017

Aug. 4, 2017

PACER
41

Unopposed MOTION to Reset Status Conference by Defendant Rick Raemisch. (Alber, Christopher) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
42

ORDER granting 41 Motion to Reset. Status Conference set for 8/24/2017 09:30 AM is VACATED and RESET for 8/28/2017 10:30 AM in Courtroom C203 before Magistrate Judge Scott T. Varholak. By Magistrate Judge Scott T. Varholak on 8/21/2017. Text Only Entry (stvlc2, ) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
43

MINUTE ENTRY for Status Conference held before Magistrate Judge Scott T. Varholak on 8/28/2017. Status Conference set for 10/4/2017 11:00 AM in Courtroom C203 before Magistrate Judge Scott T. Varholak. Hearing concluded. FTR: STV - C203. (morti, ) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

PACER
44

MOTION to Stay by Defendant Rick Raemisch. (Alber, Christopher) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
45

RESPONSE to 44 MOTION to Stay filed by Plaintiffs Cathy Begano, Bionca Charmaine Rogers, Jennifer Saugause, Kandyce Vessey. (Robertson, Amy) (Entered: 09/12/2017)

Sept. 12, 2017

Sept. 12, 2017

PACER
46

REPLY to Response to 44 MOTION to Stay filed by Defendant Rick Raemisch. (Alber, Christopher) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
47

MOTION for Leave to File a One-Paragraph Sur-Reply Clarifying Position in 45 Response to Motion by Plaintiffs Cathy Begano, Bionca Charmaine Rogers, Jennifer Saugause, Kandyce Vessey. (Robertson, Amy) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
48

ORDER granting 47 Plaintiff's Motion for Leave to File a One-Paragraph Sur-Reply Clarifying Position (the "Motion for Leave"). The Court will consider the clarification of 45 Plaintiff's Response to Defendants' Motion to Stay contained in the Motion for Leave in its consideration of Defendants' Motion to Stay. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/21/2017. Text Only Entry (stvlc1, ) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
49

MINUTE ORDER The Court notes that additional defendants have been added to this case, pursuant to the Third Amended Complaint 34, since the filing of the Consent/Non-Consent to Magistrate Jurisdiction Form 30 . Although all Defendants are represented by the same counsel, the Court believes it necessary that the parties submit a new Consent/Non-Consent to Magistrate Jurisdiction Form. Consent/Non-Consent Form due on or before 10/3/2017. SO ORDERED by Magistrate Judge Scott T. Varholak on 9/28/2017. Text Only Entry (stvlc2, ) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
50

WAIVER OF SERVICE Returned Executed by Cathy Begano, Bionca Charmaine Rogers, Jennifer Saugause, Kandyce Vessey. Colorado Department of Corrections waiver sent on 9/28/2017, answer due 11/27/2017; Ryan Long waiver sent on 9/28/2017, answer due 11/27/2017. (Robertson, Amy) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
51

CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Cathy Begano, Bionca Charmaine Rogers, Jennifer Saugause, Kandyce Vessey All parties consent.. (Robertson, Amy) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
52

ORDER; 37 Defendant's Motion to Dismiss is DENIED. 44 Motion to Stay is DENIED AS MOOT, by Magistrate Judge Scott T. Varholak on 9/29/17. (morti, ) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

Clearinghouse
53

MINUTE ENTRY for Status Conference held before Magistrate Judge Scott T. Varholak on 10/4/2017. Scheduling Conference set for 10/24/2017 10:30 AM in Courtroom C203 before Magistrate Judge Scott T. Varholak. The Proposed Scheduling Order is due on or before October 17, 2017. FTR: STV - C203. (morti, ) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
54

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 11 Amended Complaint, 34 Amended Complaint by Defendants Colorado Department of Corrections, Ryan Long, Rick Raemisch. (Alber, Christopher) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
55

ORDER granting 54 Motion for Extension of Time to File Answer. Defendants Colorado Department of Corrections, Ryan Long, and Rick Raemisch answer due 10/16/2017. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/16/2017. Text Only Entry (stvlc2, ) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
56

ANSWER to 34 Amended Complaint by Colorado Department of Corrections, Ryan Long, Rick Raemisch.(Alber, Christopher) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
57

Proposed Scheduling Order by Plaintiffs Cathy Begano, Bionca Charmaine Rogers, Jennifer Saugause, Kandyce Vessey. (Robertson, Amy) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
58

MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Scott T. Varholak on 10/24/2017. Discovery due by 7/27/2018. Dispositive Motions due by 8/31/2018. Final Pretrial Conference set for 11/5/2018 09:30 AM in Courtroom C203 before Magistrate Judge Scott T. Varholak. FTR: STV - C203. (morti, ) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
59

SCHEDULING ORDER: by Magistrate Judge Scott T. Varholak on 10/24/17. (morti, ) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
60

Unopposed MOTION to Amend/Correct/Modify 59 Scheduling Order by Plaintiffs Cathy Begano, Bionca Charmaine Rogers, Jennifer Saugause, Kandyce Vessey. (Robertson, Amy) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
61

ORDER granting 60 Motion to Amend/Correct/Modify. Deadline for joinder of parties and amendment of pleadings set for 1/22/2018. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/15/2017. Text Only Entry (stvlc2, ) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
62

STIPULATION of Dismissal of Party Kandyce Vessey by Plaintiffs Cathy Begano, Bionca Charmaine Rogers, Jennifer Saugause, Kandyce Vessey. (Robertson, Amy) (Entered: 01/09/2018)

Jan. 9, 2018

Jan. 9, 2018

PACER
63

STIPULATION of Dismissal of Party Kandyce Vessey by Plaintiffs Cathy Begano, Bionca Charmaine Rogers, Jennifer Saugause, Kandyce Vessey. (Robertson, Amy) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER
64

MINUTE ORDER. Per 63 Stipulation of Dismissal, the Clerk of Court is instructed to dismiss Plaintiff Kandyce Vessey from this matter. The Court notes that the original Stipulation of Dismissal 62 contained a typo and 63 is thus the operative Stipulation. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/10/2018. Text Only Entry (stvlc2, ) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER
65

Party Kandyce Vessey terminated pursuant to Minute Order # 64 . Text Only Entry (jgonz, ) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER
66

AMENDED COMPLAINT against Colorado Department of Corrections, Ryan Long, Rick Raemisch, Mike Romero Attorney Amy Farr Robertson added to party Andrew Neil Atkins(pty:pla), Attorney Amy Farr Robertson added to party Marc C Trevithick(pty:pla), filed by Cathy Begano, Bionca Charmaine Rogers, Jennifer Saugause, Andrew Neil Atkins, Marc C Trevithick.(Robertson, Amy) (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

Clearinghouse
67

NOTICE of Filing Amended Pleading re 66 Amended Complaint, by Plaintiffs Andrew Neil Atkins, Cathy Begano, Bionca Charmaine Rogers, Jennifer Saugause, Marc C Trevithick (Robertson, Amy) (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

PACER
68

WAIVER OF SERVICE Returned Executed by Andrew Atkins, Marc Trevithick, Cathy Begano, Bionca Charmaine Rogers, Jennifer Saugause. Mike Romero waiver sent on 1/29/2018, answer due 3/30/2018. (Robertson, Amy) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
69

ANSWER to 66 Amended Complaint, Attorney Christopher Wayne Alber added to party Mike Romero(pty:dft) by Colorado Department of Corrections, Ryan Long, Rick Raemisch, Mike Romero.(Alber, Christopher) (Entered: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

PACER
70

Stipulated MOTION for Protective Order by Plaintiffs Andrew Atkins, Cathy Begano, Bionca Charmaine Rogers, Jennifer Saugause, Marc Trevithick. (Robertson, Amy) (Entered: 02/12/2018)

Feb. 12, 2018

Feb. 12, 2018

PACER
71

ORDER granting 70 Motion for Protective Order. The proposed Stipulated Protective Order is adopted. SO ORDERED, by Magistrate Judge Scott T. Varholak on 2/12/2018. Text Only Entry (stvlc2, ) (Entered: 02/12/2018)

Feb. 12, 2018

Feb. 12, 2018

PACER
72

STIPULATED PROTECTIVE ORDER by Magistrate Judge Scott T. Varholak on 2/12/2018. (jgonz, ) (Entered: 02/12/2018)

Feb. 12, 2018

Feb. 12, 2018

PACER
73

Unopposed MOTION to Amend/Correct/Modify 59 Scheduling Order to Extend Expert and Other Deadlines by Two Weeks by Plaintiffs Andrew Atkins, Cathy Begano, Bionca Charmaine Rogers, Jennifer Saugause, Marc Trevithick. (Robertson, Amy) (Entered: 05/24/2018)

May 24, 2018

May 24, 2018

PACER
74

ORDER granting 73 Motion to Amend/Correct/Modify. Affirmative expert disclosures due by 6/14/2018. Rebuttal expert disclosures due by 7/12/2018. Discovery due by 8/10/2018. Dispositive Motions due by 9/14/2018. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/24/2018. Text Only Entry (stvlc2, ) (Entered: 05/24/2018)

May 24, 2018

May 24, 2018

PACER
75

MOTION to Amend/Correct/Modify 59 Scheduling Order by Defendants Colorado Department of Corrections, Ryan Long, Rick Raemisch, Mike Romero. (Alber, Christopher) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

PACER
76

ORDER granting 75 Motion to Amend/Correct/Modify. Rebuttal expert disclosures due by 8/27/2018. Discovery due by 9/10/2018. The Court notes that the discovery cutoff date extension applies only to discovery with respect to experts. All other discovery is due by 8/10/2018. Dispositive Motions due by 10/29/2018. The Final Pretrial Conference set for 11/5/2018 09:30 AM is VACATED and RESET for 12/5/2018 09:30 AM in Courtroom C203 before Magistrate Judge Scott T. Varholak. The parties shall submit a Proposed Pretrial Order by 11/28/2018. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/13/2018. Text Only Entry (stvlc2, ) Modified on 7/18/2018 to add additional text (morti, ). (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

PACER
77

MOTION for Leave to Be Heard In Opposition To Defendants' Partially Unopposed Motion To Amend Scheduling Order by Plaintiffs Andrew Atkins, Cathy Begano, Bionca Charmaine Rogers, Jennifer Saugause, Marc Trevithick, Kandyce Vessey. (Robertson, Amy) (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

PACER
78

ORDER granting 77 Motion for Leave. Plaintiffs may file an opposition to Defendants' Motion to Amend/Correct/Modify 75, and/or move for the Court to reconsider its order granting the Motion 76, on or before 7/16/2018. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/13/2018. Text Only Entry (stvlc2, ) (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

PACER
79

BRIEF in Opposition to 75 MOTION to Amend/Correct/Modify 59 Scheduling Order filed by Plaintiffs Andrew Atkins, Cathy Begano, Bionca Charmaine Rogers, Jennifer Saugause, Marc Trevithick. (Attachments: # 1 Affidavit Declaration of Amy F. Robertson in Support of Plaintiffs' Brief)(Robertson, Amy) (Entered: 07/13/2018)

1 Affidavit Declaration of Amy F. Robertson in Support of Plaintiffs' Brief

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July 13, 2018

July 13, 2018

PACER
80

MINUTE ORDER. Defendants shall file a reply to 79 Brief in Opposition to Motion on or before 7/17/2018. Telephonic Discovery Hearing re 75 Motion to Amend/Correct/Modify set for 7/18/2018 09:00 AM in Courtroom C203 before Magistrate Judge Scott T. Varholak. The parties may appear telephonically by initiating a conference call amongst all individuals participating by phone before calling the Court at 303.335.2365. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/13/2018. Text Only Entry (stvlc2, ) (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

PACER
81

REPLY to Response to 75 MOTION to Amend/Correct/Modify 59 Scheduling Order filed by Defendants Colorado Department of Corrections, Ryan Long, Rick Raemisch, Mike Romero. (Alber, Christopher) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

PACER
82

MINUTE ENTRY for Telephonic Discovery Hearing held before Magistrate Judge Scott T. Varholak on 7/18/2018. FTR: STV - C203. (morti, ) (Entered: 07/18/2018)

July 18, 2018

July 18, 2018

PACER
83

Unopposed MOTION to Amend/Correct/Modify 59 Scheduling Order Due to Death of Expert by Plaintiffs Andrew Atkins, Cathy Begano, Bionca Charmaine Rogers, Jennifer Saugause, Marc Trevithick. (Robertson, Amy) (Entered: 08/30/2018)

Aug. 30, 2018

Aug. 30, 2018

PACER
84

ORDER granting 83 Motion to Amend/Correct/Modify. Plaintiff shall serve Defendants with expert Professor Andrews's report and other information required by Fed. R. Civ. P. 26(a)(2) on or before 9/7/2018. Defendants may take discovery of Plaintiffs' experts up to and including 10/19/2018. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/30/2018. Text Only Entry (stvlc2, ) (Entered: 08/30/2018)

Aug. 30, 2018

Aug. 30, 2018

PACER
85

STIPULATION of Dismissal of Party Jennifer Saugause by Plaintiffs Andrew Atkins, Cathy Begano, Bionca Charmaine Rogers, Jennifer Saugause, Marc Trevithick. (Robertson, Amy) (Entered: 10/25/2018)

Oct. 25, 2018

Oct. 25, 2018

PACER
86

MINUTE ORDER. Pursuant to 85 Stipulation of Dismissal of Party, the Clerk of Court is instructed to dismiss Plaintiff Jennifer Saugause from this matter. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/25/2018. Text Only Entry (stvlc2, ) (Entered: 10/25/2018)

Oct. 25, 2018

Oct. 25, 2018

PACER
87

MOTION for Partial Summary Judgment by Plaintiffs Andrew Atkins, Cathy Begano, Bionca Charmaine Rogers, Marc Trevithick. (Attachments: # 1 Declaration of Amy F. Robertson in Support of Pltfs' Motion of Partial Summary Judgment, # 2 Robertson Decl. Exhibit 1, # 3 Robertson Decl. Exhibit 2, # 4 Robertson Decl. Exhibit 3, # 5 Robertson Decl. Exhibit 4, # 6 Robertson Decl. Exhibit 5, # 7 Robertson Decl. Exhibit 6, # 8 Robertson Decl. Exhibit 7, # 9 Robertson Decl. Exhibit 8, # 10 Robertson Decl. Exhibit 9, # 11 Robertson Decl. Exhibit 10, # 12 Declaration of Andrew Atkins, # 13 Declaration of Cathy Begano, # 14 Declaration of Teresa Jordan, # 15 Declaration of Bionca Charmaine Rogers, # 16 Declaration of Marc Trevithick)(Robertson, Amy) (Entered: 10/29/2018)

1 Declaration of Amy F. Robertson in Support of Pltfs' Motion of Partial Sum

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2 Robertson Decl. Exhibit 1

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3 Robertson Decl. Exhibit 2

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4 Robertson Decl. Exhibit 3

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5 Robertson Decl. Exhibit 4

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6 Robertson Decl. Exhibit 5

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7 Robertson Decl. Exhibit 6

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8 Robertson Decl. Exhibit 7

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9 Robertson Decl. Exhibit 8

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10 Robertson Decl. Exhibit 9

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11 Robertson Decl. Exhibit 10

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12 Declaration of Andrew Atkins

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13 Declaration of Cathy Begano

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14 Declaration of Teresa Jordan

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15 Declaration of Bionca Charmaine Rogers

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16 Declaration of Marc Trevithick

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Oct. 29, 2018

Oct. 29, 2018

PACER
88

MOTION for Summary Judgment by Defendants Colorado Department of Corrections, Ryan Long, Rick Raemisch, Mike Romero. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit A-3, # 4 Exhibit A-4, # 5 Exhibit A-5)(Alber, Christopher) (Entered: 10/29/2018)

1 Exhibit A-1

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2 Exhibit A-2

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3 Exhibit A-3

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4 Exhibit A-4

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Oct. 29, 2018

Oct. 29, 2018

PACER
89

Unopposed MOTION for Leave to Restrict by Plaintiffs Andrew Atkins, Cathy Begano, Bionca Charmaine Rogers, Marc Trevithick. (Robertson, Amy) (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

PACER
90

ORDER granting 89 Motion for Leave to Restrict. The Clerk of Court is instructed to file Exhibit A-5 [88-5] to Defendants' 88 MOTION for Summary Judgment, under RESTRICTION LEVEL 1. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/31/2018. Text Only Entry (stvlc2, ) (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

PACER
91

NOTICE OF CASE ASSOCIATION by Amy Farr Robertson on behalf of Andrew Atkins, Cathy Begano, Bionca Charmaine Rogers, Marc Trevithick (Robertson, Amy) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

PACER
92

Unopposed MOTION for Extension of Time to File Response/Reply as to 87 MOTION for Partial Summary Judgment and to Reset Final Pretrial Conference by Defendants Colorado Department of Corrections, Ryan Long, Rick Raemisch, Mike Romero. (Alber, Christopher) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

PACER
93

ORDER granting 92 Motion for Extension of Time to File Response/Reply. Defendants shall respond to Plaintiffs' 87 Partial Motion for Summary Judgment on or before 12/31/2018. Defendants shall file a reply in support of their 88 Motion for Summary Judgment on or before 12/31/2018. Plaintiffs shall file a reply in support of their 87 Partial Motion for Summary Judgment on or before 1/14/2019. The Final Pretrial Conference set for 12/5/2018 09:30 AM is VACATED and RESET for 3/8/2019 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Proposed Pretrial Order due by 3/1/2019. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/16/2018. Text Only Entry (stvlc2, ) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
94

RESPONSE to 88 MOTION for Summary Judgment filed by Plaintiffs Andrew Atkins, Cathy Begano, Bionca Charmaine Rogers, Marc Trevithick. (Attachments: # 1 Rogers Declaration, # 2 Peterson Declaration with Exhibits 1-5)(Robertson, Amy) (Entered: 11/19/2018)

1 Rogers Declaration

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2 Peterson Declaration with Exhibits 1-5

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Nov. 19, 2018

Nov. 19, 2018

PACER
95

MOTION to Consolidate Cases by Plaintiffs Andrew Atkins, Cathy Begano, Bionca Charmaine Rogers, Marc Trevithick. (Robertson, Amy) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
96

MINUTE ORDER re: 95 MOTION to Consolidate Cases . Defendants shall file a response on or before 12/6/2018. Plaintiffs shall file a reply on or before 12/13/2018. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/20/2018. Text Only Entry (stvlc2, ) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
97

MINUTE ORDER. Due to a conflict on the Court's calendar, the Final Pretrial Conference set for 3/8/2019 09:30 AM is VACATED and RESET for 3/4/2019 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Proposed Pretrial Order due by 2/25/2019. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/4/2018. Text Only Entry (stvlc2, ) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
98

RESPONSE to 95 MOTION to Consolidate Cases filed by Defendants Colorado Department of Corrections, Ryan Long, Rick Raemisch, Mike Romero. (Alber, Christopher) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
99

REPLY to Response to 95 MOTION to Consolidate Cases filed by Plaintiffs Andrew Atkins, Cathy Begano, Bionca Charmaine Rogers, Marc Trevithick. (Attachments: # 1 Declaration of Amy F. Robertson with Exhibit 1)(Robertson, Amy) (Entered: 12/11/2018)

1 Declaration of Amy F. Robertson with Exhibit 1

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Dec. 11, 2018

Dec. 11, 2018

PACER
100

MINUTE ORDER. Motion Hearing re: 95 MOTION to Consolidate Cases set for 1/11/2019 02:00 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, By Magistrate Judge Scott T. Varholak on 12/11/2018. Text Only Entry (stvlc2, ) (Entered: 12/11/2018)

Dec. 11, 2018

Dec. 11, 2018

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Deaf or Blind in Jail/Prison

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 3, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A female prisoner with deaf family members who was denied Sorenson Video Phone service and other deaf prisoners.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Education and Enforcement Center

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

The State of Colorado, 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

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Freedom of speech/association

Equal Protection

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2020 - 2022

Issues

General:

Communication skills

Conditions of confinement

Effective Communication (ADA)

Grievance procedures

Phone

Screen readers and similar accessibility devices

TTY/Close Captioning/Videophone/etc.

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

Type of Facility:

Government-run