Case: Howard v. City and County of Denver

1:18-cv-02593 | U.S. District Court for the District of Colorado

Filed Date: June 9, 2018

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On June 9, 2018, the plaintiff in this case was arrested in Denver, Colorado; he was then unable to make his $10 bond, because the government imposed numerous additional fees. He brought this law suit against the City and County of Denver on October 10, 2018 in the United States District Court for the District of Colorado. He proceeded under 42 U.S.C. § 1983 for allegedly violating his 14th Amendment right to due process and equal protection. Specifically, he complained about a Colorado require…

On June 9, 2018, the plaintiff in this case was arrested in Denver, Colorado; he was then unable to make his $10 bond, because the government imposed numerous additional fees. He brought this law suit against the City and County of Denver on October 10, 2018 in the United States District Court for the District of Colorado. He proceeded under 42 U.S.C. § 1983 for allegedly violating his 14th Amendment right to due process and equal protection. Specifically, he complained about a Colorado requirement that individuals arrested pay at minimum a $50 before release. The plaintiff claimed Denver had detained him solely because of his inability to make monetary payment, wrongfully depriving him of his liberty. He was represented by the ACLU and sought compensation and policy reform.

The case was initially assigned to Magistrate Judge N. Reid Neureiter, and later reassigned to Judge Wiley Y. Daniel and again reassigned to Christine M. Arguello on December 6, 2018.

The plaintiff entered jail with $64.24, sufficient to pay for his $10 cash bond and even an additional $50 bond fee. However, Denver took an additional $30 for booking fees, which the plaintiff could not afford to pay. The charges against the plaintiff were later dismissed.

Shortly after the lawsuit was filed, Denver stopped collecting the $30 booking fee, the $50 bond fee, and the pretrial electronic monitoring fees. On December 13, Denver submitted an Offer of Judgment in favor of the plaintiff and agreed to pay $30,000 to cover attorney’s fees and costs. On December 21, the plaintiff accepted the offer, and then on January 30, 2019, voluntarily dismissed the case. The case is now closed.

Summary Authors

Averyn Lee (2/11/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15056795/parties/howard-v-city-and-county-of-denver-colorado-the/


Judge(s)

Arguello, Christine M. (Colorado)

Varholak, Scott T. (Colorado)

Attorneys(s) for Plaintiff

Maxted, David George (Colorado)

Silverstein, Mark (Colorado)

Wallace, Rebecca Teitelbaum (Colorado)

Attorneys(s) for Defendant

Horn, Michele Annette (Colorado)

Schmidt, Lauren Elizabeth (Colorado)

Judge(s)

Arguello, Christine M. (Colorado)

Varholak, Scott T. (Colorado)

Attorneys(s) for Plaintiff

Maxted, David George (Colorado)

Silverstein, Mark (Colorado)

Wallace, Rebecca Teitelbaum (Colorado)

Attorneys(s) for Defendant

Horn, Michele Annette (Colorado)

Schmidt, Lauren Elizabeth (Colorado)

Documents in the Clearinghouse

Document

Docket [PACER]

Jan. 30, 2019 Docket
1

Complaint

Oct. 10, 2018 Complaint
22

Notice of Acceptance and Offer of Judgment

Dec. 21, 2018 Internal memorandum

Resources

Title Description External URL

Howard vs Denver

ACLU of Colorado

[This is the ACLU case page] <br />The ACLU of Colorado sued Denver on behalf of Mickey Howard, who was held in the Denver Jail for 5 days after a court ordered his release upon payment of a $10 bon… Oct. 10, 2018 https://aclu-co.org/court-cases/howard-vs-denver/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15056795/howard-v-city-and-county-of-denver-colorado-the/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

Complaint

1 Summons

View on PACER

2 Civil Cover Sheet

View on PACER

Oct. 10, 2018 PACER
2

Notice of Entry of Appearance

Oct. 10, 2018 PACER
3

Case Assigned to Judge

Oct. 10, 2018 PACER
4

Summons Issued

1 Magistrate Judge Consent Form

View on PACER

Oct. 10, 2018 PACER
5

Order of Recusal

Oct. 10, 2018 PACER
6

Case Reassigned

Oct. 10, 2018 PACER
7

Magistrate Judge

Oct. 15, 2018 PACER
8

Memorandum Returning Case

Oct. 16, 2018 PACER
9

Case Reassigned

Oct. 16, 2018 PACER
10

Magistrate Judge

Oct. 16, 2018 PACER
11

Order

Oct. 16, 2018 PACER
12

Waiver of Service Executed

Oct. 26, 2018 PACER
13

Notice of Entry of Appearance

Nov. 20, 2018 PACER
14

Notice of Entry of Appearance

Nov. 20, 2018 PACER
15

Stipulation for Extension of Time to Answer/Respond to Complaint

Nov. 26, 2018 PACER
16

Motion to Amend/Correct/Modify

Nov. 26, 2018 PACER
17

Order on Motion to Amend/Correct/Modify

Nov. 26, 2018 PACER
18

Consent to Jurisdiction of Magistrate Judge

Dec. 4, 2018 PACER
19

Case Reassigned

Dec. 6, 2018 PACER
20

Order Referring Case to Magistrate Judge

Dec. 6, 2018 PACER
21

Notice of Entry of Appearance

Dec. 11, 2018 PACER
22

Notice of Acceptance with Offer of Judgment

1 Denver's Offer of Judgment

View on PACER

Dec. 21, 2018 PACER
23

Minute Order

Jan. 2, 2019 PACER
24

Order

Jan. 2, 2019 PACER
25

Stipulation of Dismissal of Case

Jan. 30, 2019 RECAP
26

Terminated Case

Jan. 30, 2019 PACER

State / Territory: Colorado

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Key Dates

Filing Date: June 9, 2018

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A resident of Denver, arrested and unable for a time to make bail, due to the fees imposed by the government.

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

City and County of Denver, City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Amount Defendant Pays: 30000

Issues

General:

Fines/Fees/Bail/Bond