Filed Date: June 9, 2018
Closed Date: 2018
Clearinghouse coding complete
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)
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/
Arguello, Christine M. (Colorado)
Varholak, Scott T. (Colorado)
Maxted, David George (Colorado)
Silverstein, Mark (Colorado)
Wallace, Rebecca Teitelbaum (Colorado)
Horn, Michele Annette (Colorado)
Schmidt, Lauren Elizabeth (Colorado)
Arguello, Christine M. (Colorado)
Varholak, Scott T. (Colorado)
Maxted, David George (Colorado)
Silverstein, Mark (Colorado)
Wallace, Rebecca Teitelbaum (Colorado)
Horn, Michele Annette (Colorado)
Schmidt, Lauren Elizabeth (Colorado)
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.
State / Territory: Colorado
Case Type(s):
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):
Attorney Organizations:
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):
Case Details
Causes of Action:
Constitutional Clause(s):
Availably Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Source of Relief:
Form of Settlement:
Amount Defendant Pays: 30000
Issues
General: