Case: Still v. El Paso County

1:17-cv-02656 | U.S. District Court for the District of Colorado

Filed Date: Nov. 7, 2017

Closed Date: 2018

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Case Summary

On November 7, 2017, a former pretrial detainee who was incarcerated for several weeks in the El Paso County Colorado Jail filed suit against that county in the U.S. District Court for the District of Colorado under 42 U.S.C. § 1983. The plaintiff, represented by the ACLU Foundation of Colorado, sought compensatory damages and attorney’s fees, claiming violations of the Fourteenth Amendment’s Equal Protection and Due Process Clauses. The plaintiff claimed that El Paso County had an official pol…

On November 7, 2017, a former pretrial detainee who was incarcerated for several weeks in the El Paso County Colorado Jail filed suit against that county in the U.S. District Court for the District of Colorado under 42 U.S.C. § 1983. The plaintiff, represented by the ACLU Foundation of Colorado, sought compensatory damages and attorney’s fees, claiming violations of the Fourteenth Amendment’s Equal Protection and Due Process Clauses.

The plaintiff claimed that El Paso County had an official policy and actual practice of denying pretrial liberty to defendants granted a personal recognizance (PR) bond by a state court judge, solely for their inability to pay a $55 pretrial service fee to the county. While incarcerated, the plaintiff was separated from her newborn child when child custody proceedings were initiated against her that she was unable to competently contest while she was in jail. The plaintiff also claimed that state court judges in the county believed that they could not waive this fee without express permission from a bond commissioner of El Paso County Pretrial Services; they argued that employees of that agency were disincentivized from doing so because the $55 fee is chargeable before release funded the county’s pretrial supervision program.

A little over a week after the complaint was filed, the Denver Channel reported that Chief Judge William Bain of the Fourth Judicial Circuit of Colorado, which includes all state courts in El Paso County, had ordered that detainees granted a personal recognizance bond but unable to pay the $55 pretrial services fee must be released from jail that same day.

On December 28, 2017, the plaintiff filed an amended complaint with an expanded fact section, emphasizing that El Paso County, through its sheriff, was the sole party blocking the release of detainees unable to pay the $55 fee to the county under the former policy.

The defendant moved to dismiss the complaint on January 11, 2018. The county alleged that the plaintiff had failed to state a claim for which relief could be granted. Specifically, the county argued that the plaintiff could not demonstrate that there was such a county policy or that the county was the “moving force” of the policy as described. Before Judge Wiley Young Daniel could make a decision on this motion, the parties informed him that they were working on a private settlement. Over the next several months the judge extended several deadlines for the parties to allow them to continue exploring a private settlement.

According to the ACLU’s website, the parties agreed to settle out of court for $190,000 on August 13, 2018. According to the Gazette, the agreement was finalized once it was approved by the El Paso County Board of County Commissioners on August 14, 2018. The settlement provided $60,000 to compensate the plaintiff for her incarceration and for attorney costs. The remaining $130,000 was allocated for 183 other individuals who the parties identified who had been held in the El Paso County Jail solely for inability to pay the $55 fee. Each of them are eligible for compensation based on $125 per day of incarceration. The parties eligible for this compensation must contact the county within two years to recover these funds.

On August 17, 2018, Judge Daniel dismissed the lawsuit with consent of the parties. The case is now closed.

Summary Authors

Veronica Portillo Heap (9/28/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7273617/parties/still-v-el-paso-county-colorado/


Judge(s)

Daniel, Wiley Young (Colorado)

Mix, Kristen L. (Colorado)

Attorney for Plaintiff

Silverstein, Mark (Colorado)

Attorney for Defendant

Hodges, Kenneth Richard (Colorado)

Lichtman, Peter August (Colorado)

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Documents in the Clearinghouse

Document

1:17-cv-02656

Docket [PACER]

Still v. El Paso County, Colorado

Aug. 17, 2018

Aug. 17, 2018

Docket
1

1:17-cv-02656

Complaint

Still v. El Paso County, Colorado

Nov. 7, 2017

Nov. 7, 2017

Complaint
10

1:17-cv-02656

First Amended Complaint

Still v. El Paso County, Colorado

Dec. 28, 2017

Dec. 28, 2017

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7273617/still-v-el-paso-county-colorado/

Last updated April 22, 2025, 9:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against El Paso County, Colorado (Filing fee $ 400,Receipt Number 1082-5794100)Attorney Rebecca Teitelbaum Wallace added to party Jasmine Still(pty:pla), filed by Jasmine Still. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Wallace, Rebecca) (Entered: 11/07/2017)

1 Civil Cover Sheet

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2 Summons

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Nov. 7, 2017

Nov. 7, 2017

PACER
2

NOTICE of Entry of Appearance for Mark Silverstein by Mark Silverstein on behalf of Jasmine StillAttorney Mark Silverstein added to party Jasmine Still(pty:pla) (Silverstein, Mark) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
3

Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry. (rsams, ) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
4

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (rsams, ) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
5

SUMMONS issued by Clerk. (rsams, ) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
6

WAIVER OF SERVICE Returned Executed by Jasmine Still. El Paso County, Colorado waiver sent on 11/7/2017, answer due 1/8/2018. (Silverstein, Mark) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
7

ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kristen L. Mix on 11/7/17. Scheduling Conference set for 2/20/2018 9:30 AM in Courtroom A401 before Magistrate Judge Kristen L. Mix. (Attachments: # 1 Attachment 1, # 2 Attachment 2) (lgale, ) (Entered: 11/08/2017)

1 Attachment 1

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2 Attachment 2

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Nov. 7, 2017

Nov. 7, 2017

PACER
8

NOTICE of Entry of Appearance by Peter August Lichtman on behalf of El Paso County, ColoradoAttorney Peter August Lichtman added to party El Paso County, Colorado(pty:dft) (Lichtman, Peter) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
9

NOTICE of Entry of Appearance by Kenneth Richard Hodges on behalf of El Paso County, ColoradoAttorney Kenneth Richard Hodges added to party El Paso County, Colorado(pty:dft) (Hodges, Kenneth) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
10

AMENDED COMPLAINT and Jury Demand (First) against El Paso County, Colorado, filed by Jasmine Still.(Wallace, Rebecca) (Entered: 12/28/2017)

Dec. 28, 2017

Dec. 28, 2017

PACER
11

NOTICE of Filing Amended Pleading - First Amended Complaint - by Plaintiff Jasmine Still (Attachments: # 1 Exhibit First Amended Complaint Marked to Show Revisions)(Wallace, Rebecca) (Entered: 12/28/2017)

1 Exhibit First Amended Complaint Marked to Show Revisions

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Dec. 28, 2017

Dec. 28, 2017

PACER
12

Joint MOTION to Stay Proceedings and Reschedule Scheduling Conference by Defendant El Paso County, Colorado. (Lichtman, Peter) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER
13

MOTION to Dismiss for Failure to State a Claim by Defendant El Paso County, Colorado. (Lichtman, Peter) (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

PACER
14

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 1/18/18. Joint Motion to Stay Proceedings and Reschedule Scheduling Conference 12 is DENIED in part and GRANTED in part. IT IS FURTHER ORDERED that the Scheduling Conference set for February 20, 2018, at 9:30 a.m. is VACATED and RESET to 5/23/2018 10:30 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. (lgale, ) (Entered: 01/18/2018)

Jan. 18, 2018

Jan. 18, 2018

PACER
15

Unopposed MOTION for Extension of Time to File Response/Reply as to 13 MOTION to Dismiss for Failure to State a Claim by Plaintiff Jasmine Still. (Attachments: # 1 Proposed Order (PDF Only))(Wallace, Rebecca) (Entered: 01/29/2018)

1 Proposed Order (PDF Only)

View on PACER

Jan. 29, 2018

Jan. 29, 2018

PACER
16

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 1/31/18. Unopposed Motion for Extension of Time to File Response to Defendant's Motion to Dismiss [Doc. No. 13] 15 is GRANTED. (lgale, ) (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

PACER
17

Unopposed MOTION for Extension of Time to File Response/Reply as to 13 MOTION to Dismiss for Failure to State a Claim by Plaintiff Jasmine Still. (Attachments: # 1 Proposed Order (PDF Only))(Wallace, Rebecca) (Entered: 03/14/2018)

1 Proposed Order (PDF Only)

View on PACER

March 14, 2018

March 14, 2018

PACER
18

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 3/20/18. Unopposed Second Motion for Extension of Time to File Response to Defendant's Motion to Dismiss [Doc. No. 13] 17 is GRANTED. (lgale, ) (Entered: 03/21/2018)

March 20, 2018

March 20, 2018

PACER
19

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 3/22/2018. IT IS HEREBY ORDERED that this case shall be assigned to a District Judge underD.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a). (jgonz, ) (Entered: 03/23/2018)

March 22, 2018

March 22, 2018

PACER
20

CASE REASSIGNED pursuant to 19 Minute Order. All parties do not consent. This case is randomly reassigned to Judge Wiley Y. Daniel. All future pleadings should be designated as 17-cv-02656-WYD. (Text Only Entry) (jgonz, ) (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

PACER
21

ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya for non-dispositive matters. That pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge is designated to conduct proceedings in this civil action as follows: (1) Convene a scheduling conference under Fed.R.Civ.P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2. (2) Conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause. (3) Hear and determine pretrial matters, including discovery and other non-dispositive motions. (4) Alternative Dispute Resolution Authority: Court sponsored alternative dispute resolution is governed by D.C.COLOLCivR 16.6. On the recommendation or informal request of the magistrate judge, or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. It is further ORDERED that parties and counsel shall be familiar and comply with the above judge's requirements found at www.cod.uscourts.gov. By Judge Wiley Y. Daniel on 3/29/18. Text Only Entry (rkeec) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

PACER
22

CASE REASSIGNED. This case was drawn in error. This case has been reassigned to Magistrate Judge Kristen L. Mix in the referral role. All future pleadings should be designated as 17-cv-02656-WYD-KLM. (Text Only Entry) (jgonz, ) (Entered: 04/02/2018)

April 2, 2018

April 2, 2018

PACER
23

MINUTE ORDER. PLEASE NOTE DATE AND TIME CHANGE ONLY. This matter is before the Court sua sponte. Due to a conflict on the Court calendar, IT IS HEREBY ORDERED that the Scheduling Conference set for May 23, 2018, at 10:30 a.m. is VACATED and RESET to May 14, 2018, at 3:00 p.m. in Courtroom A-401, Fourth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. IT IS FURTHER ORDERED that the proposed scheduling order shall be submitted on or before May 7, 2018. by Magistrate Judge Kristen L. Mix on 4/5/2018. Text Only Entry (klmlc2, ) (Entered: 04/05/2018)

April 5, 2018

April 5, 2018

PACER
24

Joint MOTION to Stay Proceedings, or In The Alternative, Move Deadlines by Plaintiff Jasmine Still. (Attachments: # 1 Proposed Order (PDF Only))(Wallace, Rebecca) (Entered: 04/20/2018)

1 Proposed Order (PDF Only)

View on PACER

April 20, 2018

April 20, 2018

PACER
25

MEMORANDUM regarding 24 Joint MOTION to Stay Proceedings, or In The Alternative, Move Deadlines filed by Jasmine Still. Motions referred to Magistrate Judge Kristen L. Mix, by Judge Wiley Y. Daniel on 4/20/2018. Text Only Entry (evana, ) (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
26

MINUTE ORDER granting in part and denying in part 24 Joint Motion to Stay Proceedings, or, in the Alternative, Move Deadlines. IT IS FURTHER ORDERED that the deadline for Defendant to answer or otherwise respond to the complaint is extended to 7/2/2018. Scheduling Conference set for 5/14/2018 is VACATED and RESET to 7/18/2018 10:30 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix, by Magistrate Judge Kristen L. Mix on 4/23/2018. (jgonz, ) (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

PACER
27

DISREGARD El Paso County, Colorado answer due 7/2/2018. Text Only Entry (jgonz, ) Modified on 4/24/2018 pursuant to 28 Amended Minute Order (jgonz, ). (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

PACER
28

AMENDED MINUTE ORDER granting in part and denying in part 24 Joint Motion to Stay Proceedings, or, in the Alternative, Move Deadlines. IS FURTHER ORDERED that the deadline for Plaintiff to respond to Defendants Motion to Dismiss 13 is extended to 7/2/2018. Scheduling Conference set for 5/14/2018 is VACATED and RESET to 7/18/2018 10:30 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. The parties shall submit the proposed scheduling order no later than 7/11/2018, by Magistrate Judge Kristen L. Mix on 4/24/2018. (jgonz, ) (Entered: 04/24/2018)

April 24, 2018

April 24, 2018

PACER
29

Joint MOTION for Extension of Time to for Upcoming Case Deadlines by Plaintiff Jasmine Still. (Attachments: # 1 Proposed Order (PDF Only))(Wallace, Rebecca) (Entered: 06/25/2018)

1 Proposed Order (PDF Only)

View on PACER

June 25, 2018

June 25, 2018

PACER
30

MEMORANDUM regarding 29 Joint MOTION for Extension of Time to for Upcoming Case Deadlines filed by Jasmine Still. Motion referred to Magistrate Judge Kristen L. Mix by Judge Wiley Y. Daniel on 6/25/18. Text Only Entry (rkeec) (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

PACER
31

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 7/9/18. Joint Motion for Extension of Time for Upcoming Case Deadlines [29) is GRANTED. IT IS FURTHER ORDERED that the deadline for Plaintiff to respond to Defendant's Motion to Dismiss 13 is extended to August 15, 2018. IT IS FURTHER ORDERED that the Scheduling Conference set for July 18, 2018, at 10:30 a.m. is VACATED and RESET to 10/30/2018 10:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. (lgale, ) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER
32

STIPULATION of Dismissal of Case by Plaintiff Jasmine Still. (Wallace, Rebecca) (Entered: 08/14/2018)

Aug. 14, 2018

Aug. 14, 2018

PACER
33

ORDER DISMISSING CASE In accordance with the parties' Stipulation for Dismissal ECF No. 32, filed August 14, 2018, it is ORDERED that all claims asserted by Plaintiff against Defendant are DISMISSED WITH PREJUDICE, with each party to bear its own costs and expenses, including any attorneys' fees. The Clerk of the Court is directed to close the case, by Judge Wiley Y. Daniel on 8/17/2018. (evana, ) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 7, 2017

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Former pretrial detainee in El Paso County, Colorado granted a personal recognizance bond by a state court judge but unable to pay a $55 county processing fee as a condition of release.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

El Paso County (El Paso), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 190000

Issues

General/Misc.:

Fines/Fees/Bail/Bond

Pattern or Practice

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)