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)

Attorney for Plaintiff

Maxted, David George (Colorado)

Silverstein, Mark (Colorado)

Attorney for Defendant

Horn, Michele Annette (Colorado)

Schmidt, Lauren Elizabeth (Colorado)

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Documents in the Clearinghouse

Document

1:18-cv-02593

Docket [PACER]

Jan. 30, 2019

Jan. 30, 2019

Docket
1

1:18-cv-02593

Complaint

Oct. 10, 2018

Oct. 10, 2018

Complaint
22

1:18-cv-02593

Notice of Acceptance and Offer of Judgment

Dec. 21, 2018

Dec. 21, 2018

Internal memorandum

Resources

Docket

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

Last updated April 22, 2025, 9:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT and Jury Demand against City and County of Denver, Colorado (Filing fee $ 400,Receipt Number 1082-6336261)Attorney Rebecca Teitelbaum Wallace added to party Mickey Howard(pty:pla), filed by Mickey Howard. (Attachments: # 1 Summons, # 2 Civil Cover Sheet)(Wallace, Rebecca) (Entered: 10/10/2018)

1 Summons

View on PACER

2 Civil Cover Sheet

View on PACER

Oct. 10, 2018

Oct. 10, 2018

PACER
2

NOTICE of Entry of Appearance for Mark Silverstein by Mark Silverstein on behalf of Mickey HowardAttorney Mark Silverstein added to party Mickey Howard(pty:pla) (Silverstein, Mark) (Entered: 10/10/2018)

Oct. 10, 2018

Oct. 10, 2018

PACER
3

Case assigned to Magistrate Judge N. Reid Neureiter. Text Only Entry (dbera, ) (Entered: 10/10/2018)

Oct. 10, 2018

Oct. 10, 2018

PACER
4

SUMMONS issued by Clerk. (Attachments: # 1 Magistrate Judge Consent Form) (dbera, ) (Entered: 10/10/2018)

1 Magistrate Judge Consent Form

View on PACER

Oct. 10, 2018

Oct. 10, 2018

PACER
5

ORDER OF RECUSAL by Magistrate Judge N. Reid Neureiter on 10/10/2018. (slibi, ) (Entered: 10/10/2018)

Oct. 10, 2018

Oct. 10, 2018

PACER
6

CASE REASSIGNED. Pursuant to Order of Recusal. This case is randomly reassigned to Judge Wiley Y. Daniel in the presider role and Magistrate Judge Nina Y. Wang in the referral role. All future pleadings should be designated as 18-cv-02593-WYD-NYW. (Text Only Entry) (slibi, ) (Entered: 10/10/2018)

Oct. 10, 2018

Oct. 10, 2018

PACER
7

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (slibi, ) (Entered: 10/15/2018)

Oct. 15, 2018

Oct. 15, 2018

PACER
8

MEMORANDUM RETURNING CASE by Judge Wiley Y. Daniel. (rkeec) (Entered: 10/16/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
9

CASE REASSIGNED pursuant to 8 Memorandum Returning Case. This case is randomly reassigned to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 18-cv-02593-STV. (Text Only Entry) (rkeec) (Entered: 10/16/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
10

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (rkeec) (Entered: 10/16/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
11

ORDER Setting Scheduling Conference for 12/17/2018 10:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Consent Form due by 12/3/2018, by Magistrate Judge Scott T. Varholak on 10/16/2018. (jgonz, ) Modified on 10/17/2018 to correct socket text(jgonz, ). (Entered: 10/17/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
12

WAIVER OF SERVICE Returned Executed by Mickey Howard. City and County of Denver, Colorado, The waiver sent on 10/11/2018, answer due 12/10/2018. (Silverstein, Mark) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER
13

NOTICE of Entry of Appearance by Michele Annette Horn on behalf of City and County of Denver, Colorado, TheAttorney Michele Annette Horn added to party City and County of Denver, Colorado, The(pty:dft) (Horn, Michele) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
14

NOTICE of Entry of Appearance by Lauren Elizabeth Schmidt on behalf of City and County of Denver, Colorado, TheAttorney Lauren Elizabeth Schmidt added to party City and County of Denver, Colorado, The(pty:dft) (Schmidt, Lauren) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
15

STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant City and County of Denver, Colorado, The. City and County of Denver, Colorado, The answer due 12/31/2018. (Schmidt, Lauren) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
16

Joint MOTION to Amend/Correct/Modify 11 Order, to Reschedule Rule 16 Scheduling Conference and Related Deadlines by Defendant City and County of Denver, Colorado, The. (Schmidt, Lauren) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
17

ORDER granting 16 Motion to Amend/Correct/Modify. The Scheduling Conference set for 12/17/2018 10:30 AM is VACATED and RESET for 1/30/2019 09:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Consent/Non-Consent to Magistrate Judge Jurisdiction Form due by 1/16/2019. The parties shall file a joint proposed scheduling order on or before 1/23/2019. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/26/2018. Text Only Entry (stvlc2, ) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
18

CONSENT to Jurisdiction of Magistrate Judge by Defendant City and County of Denver, Colorado, The All parties do not consent.. (Horn, Michele) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
19

CASE REASSIGNED pursuant to 18 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Christine M. Arguello. All future pleadings should be designated as 18-cv-02593-CMA. (Text Only Entry) (jgonz, ) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
20

ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Magistrate Judge Varholak is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b). The parties should expect to be given a firm trial setting that is 90 to 120 days from the date of the final pretrial conference, and should be available for trial accordingly. FURTHER, Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 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. SO ORDERED by Judge Christine M. Arguello on 12/6/2018. Text Only Entry (cmasec) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
21

NOTICE of Entry of Appearance by David George Maxted on behalf of Mickey HowardAttorney David George Maxted added to party Mickey Howard(pty:pla) (Maxted, David) (Entered: 12/11/2018)

Dec. 11, 2018

Dec. 11, 2018

PACER
22

NOTICE of Acceptance with Offer of Judgment by Plaintiff Mickey Howard (Attachments: # 1 Denver's Offer of Judgment)(Wallace, Rebecca) (Entered: 12/21/2018)

1 Denver's Offer of Judgment

View on PACER

Dec. 21, 2018

Dec. 21, 2018

PACER
23

MINUTE ORDER. In light of 22 Notice of Acceptance with Offer of Judgment, the Scheduling Conference set for 1/30/2019 09:00 AM in Courtroom A 402 is VACATED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/2/2019. Text Only Entry (stvlc2, ) (Entered: 01/02/2019)

Jan. 2, 2019

Jan. 2, 2019

PACER
24

ORDER: In light of the parties' 22 Notice of Acceptance With Offer of Judgment, the parties are DIRECTED to file appropriate dismissal documents in this matter by NO LATER THAN 1/30/2019. SO ORDERED by Judge Christine M. Arguello on 1/2/2019. Text Only Entry (cmasec) (Entered: 01/02/2019)

Jan. 2, 2019

Jan. 2, 2019

PACER
25

STIPULATION of Dismissal of Case by Plaintiff Mickey Howard. (Wallace, Rebecca) (Entered: 01/30/2019)

Jan. 30, 2019

Jan. 30, 2019

RECAP
26

Civil Case Terminated pursuant to the 25 Stipulation of Dismissal filed in this case. Text Only Entry (cmasec) (Entered: 01/30/2019)

Jan. 30, 2019

Jan. 30, 2019

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: 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

Available 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/Misc.:

Fines/Fees/Bail/Bond