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

Clearinghouse coding complete

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 attrorneys, see: https://www.courtlistener.com/docket/7273617/parties/still-v-el-paso-county-colorado/


Judge(s)

Daniel, Wiley Young (Colorado)

Mix, Kristen L. (Colorado)

Attorneys(s) for Plaintiff

Silverstein, Mark (Colorado)

Wallace, Rebecca Teitelbaum (Colorado)

Attorneys(s) for Defendant

Hodges, Kenneth Richard (Colorado)

Lichtman, Peter August (Colorado)

Judge(s)

Daniel, Wiley Young (Colorado)

Mix, Kristen L. (Colorado)

Attorneys(s) for Plaintiff

Silverstein, Mark (Colorado)

Wallace, Rebecca Teitelbaum (Colorado)

Attorneys(s) for Defendant

Hodges, Kenneth Richard (Colorado)

Lichtman, Peter August (Colorado)

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 Aug. 11, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

Complaint

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

Nov. 7, 2017

Nov. 7, 2017

PACER
1

Complaint

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

Nov. 7, 2017

Nov. 7, 2017

PACER
1

Complaint

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

Nov. 7, 2017

Nov. 7, 2017

PACER
1

Complaint

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

Nov. 7, 2017

Nov. 7, 2017

PACER
2

Notice of Entry of Appearance

Nov. 7, 2017

Nov. 7, 2017

PACER
2

Notice of Entry of Appearance

Nov. 7, 2017

Nov. 7, 2017

PACER
2

Notice of Entry of Appearance

Nov. 7, 2017

Nov. 7, 2017

PACER
2

Notice of Entry of Appearance

Nov. 7, 2017

Nov. 7, 2017

PACER
3

Case Assigned to Judge

Nov. 7, 2017

Nov. 7, 2017

PACER
3

Case Assigned to Judge

Nov. 7, 2017

Nov. 7, 2017

PACER
3

Case Assigned to Judge

Nov. 7, 2017

Nov. 7, 2017

PACER
3

Case Assigned to Judge

Nov. 7, 2017

Nov. 7, 2017

PACER
4

Magistrate Judge

Nov. 7, 2017

Nov. 7, 2017

PACER
4

Magistrate Judge

Nov. 7, 2017

Nov. 7, 2017

PACER
4

Magistrate Judge

Nov. 7, 2017

Nov. 7, 2017

PACER
4

Magistrate Judge

Nov. 7, 2017

Nov. 7, 2017

PACER
5

Summons Issued

Nov. 7, 2017

Nov. 7, 2017

PACER
5

Summons Issued

Nov. 7, 2017

Nov. 7, 2017

PACER
5

Summons Issued

Nov. 7, 2017

Nov. 7, 2017

PACER
5

Summons Issued

Nov. 7, 2017

Nov. 7, 2017

PACER
6

Waiver of Service Executed

Nov. 7, 2017

Nov. 7, 2017

PACER
6

Waiver of Service Executed

Nov. 7, 2017

Nov. 7, 2017

PACER
6

Waiver of Service Executed

Nov. 7, 2017

Nov. 7, 2017

PACER
6

Waiver of Service Executed

Nov. 7, 2017

Nov. 7, 2017

PACER
7

Order

1 Attachment 1

View on PACER

2 Attachment 2

View on PACER

Nov. 7, 2017

Nov. 7, 2017

PACER
7

Order

1 Attachment 1

View on PACER

2 Attachment 2

View on PACER

Nov. 7, 2017

Nov. 7, 2017

PACER
7

Order

1 Attachment 1

View on PACER

2 Attachment 2

View on PACER

Nov. 7, 2017

Nov. 7, 2017

PACER
7

Order

1 Attachment 1

View on PACER

2 Attachment 2

View on PACER

Nov. 7, 2017

Nov. 7, 2017

PACER
8

Notice of Entry of Appearance

Nov. 9, 2017

Nov. 9, 2017

PACER
8

Notice of Entry of Appearance

Nov. 9, 2017

Nov. 9, 2017

PACER
8

Notice of Entry of Appearance

Nov. 9, 2017

Nov. 9, 2017

PACER
8

Notice of Entry of Appearance

Nov. 9, 2017

Nov. 9, 2017

PACER
9

Notice of Entry of Appearance

Nov. 9, 2017

Nov. 9, 2017

PACER
9

Notice of Entry of Appearance

Nov. 9, 2017

Nov. 9, 2017

PACER
9

Notice of Entry of Appearance

Nov. 9, 2017

Nov. 9, 2017

PACER
9

Notice of Entry of Appearance

Nov. 9, 2017

Nov. 9, 2017

PACER
10

Amended Complaint

Dec. 28, 2017

Dec. 28, 2017

PACER
10

Amended Complaint

Dec. 28, 2017

Dec. 28, 2017

PACER
10

Amended Complaint

Dec. 28, 2017

Dec. 28, 2017

PACER
10

Amended Complaint

Dec. 28, 2017

Dec. 28, 2017

PACER
11

Notice of Filing Amended Pleading

1 Exhibit First Amended Complaint Marked to Show Revisions

View on PACER

Dec. 28, 2017

Dec. 28, 2017

PACER
11

Notice of Filing Amended Pleading

1 Exhibit First Amended Complaint Marked to Show Revisions

View on PACER

Dec. 28, 2017

Dec. 28, 2017

PACER
11

Notice of Filing Amended Pleading

1 Exhibit First Amended Complaint Marked to Show Revisions

View on PACER

Dec. 28, 2017

Dec. 28, 2017

PACER
11

Notice of Filing Amended Pleading

1 Exhibit First Amended Complaint Marked to Show Revisions

View on PACER

Dec. 28, 2017

Dec. 28, 2017

PACER
12

Motion to Stay

Jan. 10, 2018

Jan. 10, 2018

PACER
12

Motion to Stay

Jan. 10, 2018

Jan. 10, 2018

PACER
12

Motion to Stay

Jan. 10, 2018

Jan. 10, 2018

PACER
12

Motion to Stay

Jan. 10, 2018

Jan. 10, 2018

PACER
13

Motion to Dismiss for Failure to State a Claim

Jan. 11, 2018

Jan. 11, 2018

PACER
13

Motion to Dismiss for Failure to State a Claim

Jan. 11, 2018

Jan. 11, 2018

PACER
13

Motion to Dismiss for Failure to State a Claim

Jan. 11, 2018

Jan. 11, 2018

PACER
13

Motion to Dismiss for Failure to State a Claim

Jan. 11, 2018

Jan. 11, 2018

PACER
14

Order on Motion to Stay

Jan. 18, 2018

Jan. 18, 2018

PACER
14

Order on Motion to Stay

Jan. 18, 2018

Jan. 18, 2018

PACER
14

Order on Motion to Stay

Jan. 18, 2018

Jan. 18, 2018

PACER
14

Order on Motion to Stay

Jan. 18, 2018

Jan. 18, 2018

PACER
15

Motion for Extension of Time to File Response/Reply

1 Proposed Order (PDF Only)

View on PACER

Jan. 29, 2018

Jan. 29, 2018

PACER
15

Motion for Extension of Time to File Response/Reply

1 Proposed Order (PDF Only)

View on PACER

Jan. 29, 2018

Jan. 29, 2018

PACER
15

Motion for Extension of Time to File Response/Reply

1 Proposed Order (PDF Only)

View on PACER

Jan. 29, 2018

Jan. 29, 2018

PACER
15

Motion for Extension of Time to File Response/Reply

1 Proposed Order (PDF Only)

View on PACER

Jan. 29, 2018

Jan. 29, 2018

PACER
16

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

Jan. 31, 2018

Jan. 31, 2018

PACER
16

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

Jan. 31, 2018

Jan. 31, 2018

PACER
16

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

Jan. 31, 2018

Jan. 31, 2018

PACER
16

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

Jan. 31, 2018

Jan. 31, 2018

PACER
17

Motion for Extension of Time to File Response/Reply

1 Proposed Order (PDF Only)

View on PACER

March 14, 2018

March 14, 2018

PACER
17

Motion for Extension of Time to File Response/Reply

1 Proposed Order (PDF Only)

View on PACER

March 14, 2018

March 14, 2018

PACER
17

Motion for Extension of Time to File Response/Reply

1 Proposed Order (PDF Only)

View on PACER

March 14, 2018

March 14, 2018

PACER
17

Motion for Extension of Time to File Response/Reply

1 Proposed Order (PDF Only)

View on PACER

March 14, 2018

March 14, 2018

PACER
18

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

March 20, 2018

March 20, 2018

PACER
18

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

March 20, 2018

March 20, 2018

PACER
18

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

March 20, 2018

March 20, 2018

PACER
18

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

March 20, 2018

March 20, 2018

PACER
19

Minute Order

March 22, 2018

March 22, 2018

PACER
19

Minute Order

March 22, 2018

March 22, 2018

PACER
19

Minute Order

March 22, 2018

March 22, 2018

PACER
19

Minute Order

March 22, 2018

March 22, 2018

PACER
20

Case Reassigned

March 23, 2018

March 23, 2018

PACER
20

Case Reassigned

March 23, 2018

March 23, 2018

PACER
20

Case Reassigned

March 23, 2018

March 23, 2018

PACER
20

Case Reassigned

March 23, 2018

March 23, 2018

PACER
21

Order Referring Case to Magistrate Judge

March 29, 2018

March 29, 2018

PACER
21

Order Referring Case to Magistrate Judge

March 29, 2018

March 29, 2018

PACER
21

Order Referring Case to Magistrate Judge

March 29, 2018

March 29, 2018

PACER
21

Order Referring Case to Magistrate Judge

March 29, 2018

March 29, 2018

PACER
22

Case Reassigned

April 2, 2018

April 2, 2018

PACER
22

Case Reassigned

April 2, 2018

April 2, 2018

PACER
22

Case Reassigned

April 2, 2018

April 2, 2018

PACER
22

Case Reassigned

April 2, 2018

April 2, 2018

PACER
23

Minute Order

April 5, 2018

April 5, 2018

PACER
23

Minute Order

April 5, 2018

April 5, 2018

PACER
23

Minute Order

April 5, 2018

April 5, 2018

PACER
23

Minute Order

April 5, 2018

April 5, 2018

PACER
24

Motion to Stay

1 Proposed Order (PDF Only)

View on PACER

April 20, 2018

April 20, 2018

PACER
24

Motion to Stay

1 Proposed Order (PDF Only)

View on PACER

April 20, 2018

April 20, 2018

PACER
24

Motion to Stay

1 Proposed Order (PDF Only)

View on PACER

April 20, 2018

April 20, 2018

PACER
24

Motion to Stay

1 Proposed Order (PDF Only)

View on PACER

April 20, 2018

April 20, 2018

PACER
25

Memorandum

April 20, 2018

April 20, 2018

PACER
25

Memorandum

April 20, 2018

April 20, 2018

PACER
25

Memorandum

April 20, 2018

April 20, 2018

PACER
25

Memorandum

April 20, 2018

April 20, 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

Availably 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:

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Pattern or Practice