Case: Abay v. Denver

1:20-cv-01616 | U.S. District Court for the District of Colorado

Filed Date: June 4, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This class-action suit was brought in Colorado state court on June 4, 2020. That same day, the case was removed by the defendants to the U.S. District Court for the District of Colorado. The complaint was filed in response to police tactics used against protesters in Denver following the police killing of George Floyd in Minneapolis, MN. Plaintiffs were individuals who participated in, observed, or wanted to participate in or observe the protests; they were represented by private counsel. The c…

This class-action suit was brought in Colorado state court on June 4, 2020. That same day, the case was removed by the defendants to the U.S. District Court for the District of Colorado.

The complaint was filed in response to police tactics used against protesters in Denver following the police killing of George Floyd in Minneapolis, MN. Plaintiffs were individuals who participated in, observed, or wanted to participate in or observe the protests; they were represented by private counsel. The complaint alleged that the Denver Police Department (DPD) used chemical agents (including tear gas and pepper spray) as well as Kinetic Impact Projectiles (KIPs) (also known as rubber or plastic bullets) against peaceful protesters. The plaintiffs sued under 42 U.S.C. § 1983, arguing that these tactics represented violations of the First and Fourth Amendments. Specifically, they argued that DPD's tactics constituted an infringement on plaintiffs' free speech and free assembly rights under the First Amendment and excessive force in violation of the Fourth Amendment. The plaintiffs sought class certification and several forms of relief including a temporary restraining order, a preliminary injunction, declaratory relief, monetary damages for those injured by the police, and attorneys' fees. The case was assigned to Judge Richard Brook Jackson and Magistrate Judge Scott T. Varholak.

On June 5, 2020, plaintiffs filed an emergency motion for a temporary restraining order against the police; it was granted in part on that same day. The order enjoined the DPD from using chemical weapons or projectiles unless an on-scene supervisor (ranking Captain or above) specifically authorized it in order to prevent destruction of property that the Captain personally witnessed. In addition, the judge ordered that KIPs not be discharged at protesters' heads, pelvises, or backs and also prohibited them from being shot into crowds. The judge also enjoined the DPD from allowing non-Denver officers to use force in excess of what DPD used, made body cameras mandatory at all times, and said that chemical agents/irritants could only be used after an order to disperse had been given and adequate time to leave was granted. 445 F. Supp. 3d 1286.

Unhappy with this order, the defendants asked for two changes to the order. First, they asked for a change to the ruling regarding only using chemicals upon authorization of a Captain. Second, they requested a change to the body camera rule. Judge Jackson granted the first change but denied the DPD's request with regard to the body cameras.

On June 16, 2020, the plaintiffs asked for an extension of the TRO, but Judge Jackson denied this request the following day, telling the parties to try to reach an agreement amongst themselves first. Several days later, Judge Jackson temporarily extended the TRO while negotiations continued. Then, on June 26, 2020, the parties agreed that, while the lawsuit was pending, in response to a protest or demonstration, the Denver Police Department and any person acting on behalf of DPD would not:

  1. Discharge KIPs and all other non- or less-lethal projectiles in a manner that targets the head, pelvis, or back;
  2. Discharge KIPs indiscriminately into a crowd;
  3. Use chemical agents or irritants, including pepper spray and tear gas, prior to issuing an order to disperse in a sufficient manner to ensure the order is heard and repeated if necessary, followed by sufficient time and space to allow compliance with the order.
  4. Use chemical agents or KIPs unless an on-scene supervisor at the rank of Sergeant or above specifically authorized such use of force in response to specific acts of violence or destruction of property that the Sergeant had personally witnessed or learned about from a fellow officer, absent exigent circumstances. Exigent circumstances included but were not limited to situations where the Sergeant could not be immediately present and delay would be unreasonable.
  5. All officers deployed to the demonstrations or engaged in the demonstrations must have their body-worn cameras recording any and all acts of confrontation between police officers and others. Officers were not to intentionally obstruct the camera or recording.
  6. Non-Denver officers were not to use any weapon beyond what Denver itself authorizes for its own officers. All non-Denver officers were to comply with Colorado law regarding the use of force and responses to protests or demonstrations.

The court approved the stipulation the next day.

As the protests continued, the plaintiffs filed a motion for order to show cause on July 27 alleging that DPD officers were not complying with the court-approved stipulation. In the motion, the plaintiffs highlighted two protests on July 1 and July 19. At the July 1 protest, the plaintiffs alleged that numerous officers failed to wear body cameras and that DPD targeted medics' and protestors' heads with pepper ball bullets. Similarly, at the July 19 protest, the plaintiffs alleged that officers again failed to wear body cameras and that an officer sprayed approximately fifteen protestors without any preceding act of violence or property destruction in violation of the court-approved stipulation. Together, the plaintiffs alleged that more than twenty violations of the stipulation occurred in these two incidents.

On November 23, 2020, Judge Jackson issued an order directing Denver to file a substantive response to the plaintiffs' order to show cause. Denver did so on December 15, 2020.

The court granted a request from the plaintiffs to modify their complaint on June 23, 2022. One plaintiff was removed from the case and the County of Denver and the former DPD Commander were added as defendants. Significantly more detail about actions taken by police and injuries suffered by plaintiffs were included, and a Fourteenth Amendment due process claim was also added, alleging that DPD’s indiscriminate use of less-lethal weapons was an abuse of government power. The plaintiffs also requested punitive damages against the former DPD Commander.

As of June 3, 2023, this case is ongoing. The defendants have moved for summary judgment, and the plaintiffs have filed their response.

Summary Authors

Jack Hibbard (7/27/2020)

Casey D'Alesandro (2/25/2021)

Robin Peterson (5/25/2023)

Related Cases

Epps v. City and County of Denver, District of Colorado (2020)

Cruz v. Denver, District of Colorado (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17227344/parties/abay-v-city-of-denver/


Judge(s)
Attorney for Plaintiff

Carbajal, Lauren J. (Colorado)

Guevara, John Michael (Colorado)

Attorney for Defendant

Ankney, Clayton Jeffrey (Colorado)

Collity, Jennifer Christine (Colorado)

Farley, Conor Daniel (Colorado)

show all people

Documents in the Clearinghouse

Document

1:20-cv-01616

0:20-31927

Docket [PACER]

Abay v. City of Denver

Dec. 17, 2020

Dec. 17, 2020

Docket
1-1

1:20-cv-01616

Complaint

June 4, 2020

June 4, 2020

Complaint
2

1:20-cv-01616

Entry of Appearance on Behalf of Plaintiffs

Abay v. City and County of Denver

June 4, 2020

June 4, 2020

Pleading / Motion / Brief
1

1:20-cv-01616

Notice of Removal

Abay v. City and County of Denver

June 4, 2020

June 4, 2020

Pleading / Motion / Brief
16

1:20-cv-01616

Order on Plaintiff's Motion for Temporary Restraining Order

Abay v. City of Denver

June 5, 2020

June 5, 2020

Order/Opinion

445 F.Supp.3d 445

35

1:20-cv-01616

Order on Plaintiff's Motion to Extend Temporary Restraining Order

Abay v. City of Denver

June 19, 2020

June 19, 2020

Order/Opinion
40

1:20-cv-01616

Stipulation

Abay v. City of Denver

June 26, 2020

June 26, 2020

Settlement Agreement
47

1:20-cv-01616

Order on Motion for an Order to Show Cause

Abay v. City of Denver

Nov. 23, 2020

Nov. 23, 2020

Order/Opinion
65

1:20-cv-01616

First Amended Complaint and Jury Demand

Abay v. City and County of Denver

June 23, 2022

June 23, 2022

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17227344/abay-v-city-of-denver/

Last updated March 18, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL by City of Denver from Denver District Court, Case Number 2020CV31927. (Filing fee $ 400, Receipt Number 1082-7326259), filed by City of Denver. (Attachments: # 1 Exhibit A - Complaint, # 2 Exhibit B - Civil Case Cover Sheet, # 3 Exhibit C - Summons, # 4 Exhibit D - Notice of In-Person Status ConferenceHearing, # 5 Exhibit E - Pre-trial Order, # 6 Exhibit F - Delay Reduction Order, # 7 Exhibit G - Register of Actions)(Lewis, Melanie) (Entered: 06/04/2020)

1 Exhibit A - Complaint

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2 Exhibit B - Civil Case Cover Sheet

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3 Exhibit C - Summons

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4 Exhibit D - Notice of In-Person Status ConferenceHearing

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5 Exhibit E - Pre-trial Order

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6 Exhibit F - Delay Reduction Order

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7 Exhibit G - Register of Actions

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June 4, 2020

June 4, 2020

Clearinghouse
2

NOTICE of Entry of Appearance by Edward Milo Schwab on behalf of All Plaintiffs Attorney Edward Milo Schwab added to party Agazi Abay(pty:pla), Attorney Edward Milo Schwab added to party Michael McDaniel(pty:pla), Attorney Edward Milo Schwab added to party Amy Schneider(pty:pla), Attorney Edward Milo Schwab added to party Gabriel Thorn(pty:pla) (Schwab, Edward) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

Clearinghouse
4

Class Action COMPLAINT and Demand for a Jury Trial against City of Denver, filed by Michael McDaniel, Agazi Abay, Amy Schneider, Gabriel Thorn.(cmadr, ) (Entered: 06/05/2020)

June 4, 2020

June 4, 2020

RECAP
5

Case assigned to Judge R. Brooke Jackson and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry (cmadr, ) (Entered: 06/05/2020)

June 4, 2020

June 4, 2020

PACER
3

NOTICE of Entry of Appearance by Conor Daniel Farley on behalf of City of DenverAttorney Conor Daniel Farley added to party City of Denver(pty:dft) (Farley, Conor) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
6

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (cmadr, ) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
7

NOTICE of Entry of Appearance by Ross I. Ziev on behalf of All Plaintiffs Attorney Ross I. Ziev added to party Agazi Abay(pty:pla), Attorney Ross I. Ziev added to party Michael McDaniel(pty:pla), Attorney Ross I. Ziev added to party Amy Schneider(pty:pla), Attorney Ross I. Ziev added to party Gabriel Thorn(pty:pla) (Ziev, Ross) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
8

NOTICE of Entry of Appearance by Laura Beth Wolf on behalf of Agazi Abay, Michael McDaniel, Amy Schneider, Gabriel ThornAttorney Laura Beth Wolf added to party Agazi Abay(pty:pla), Attorney Laura Beth Wolf added to party Michael McDaniel(pty:pla), Attorney Laura Beth Wolf added to party Amy Schneider(pty:pla), Attorney Laura Beth Wolf added to party Gabriel Thorn(pty:pla) (Wolf, Laura) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
9

Emergency MOTION for Hearing/Conference to Hear TRO TODAY by Plaintiffs Agazi Abay, Michael McDaniel, Amy Schneider, Gabriel Thorn. (Schwab, Edward) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
10

MOTION for Temporary Restraining Order by Plaintiffs Agazi Abay, Michael McDaniel, Amy Schneider, Gabriel Thorn. (Wolf, Laura) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

RECAP
11

NOTICE of Entry of Appearance by John Michael Guevara on behalf of All Plaintiffs Attorney John Michael Guevara added to party Agazi Abay(pty:pla), Attorney John Michael Guevara added to party Michael McDaniel(pty:pla), Attorney John Michael Guevara added to party Amy Schneider(pty:pla), Attorney John Michael Guevara added to party Gabriel Thorn(pty:pla) (Guevara, John) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
12

MINUTE ORDER re: 10 MOTION for Temporary Restraining Order filed by Amy Schneider, Agazi Abay, Michael McDaniel, Gabriel Thorn. The Court requests that the defendant submit a response brief immediately. The Court is considering when and how it can hold a hearing via video teleconference. By Judge R. Brooke Jackson on 6/5/2020. Text Only Entry (rbjsec. ) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
13

MINUTE ORDER re: 9 Emergency MOTION for Hearing/Conference to Hear TRO TODAY filed by Amy Schneider, Agazi Abay, Michael McDaniel, Gabriel Thorn and 10 MOTION for Temporary Restraining Order filed by Amy Schneider, Agazi Abay, Michael McDaniel, Gabriel Thorn. A Hearing is set for today, 6/5/2020 at 6:00 PM in Courtroom A 902 before Judge R. Brooke Jackson. The Hearing will be held by video teleconference. The Court's staff will provide the connection information to the parties by separate email. The general public or media may listen to the hearing by dialing Toll Free: 888-204-5984 using Access Code: 7557338#. By Judge R. Brooke Jackson on 6/5/2020. Text Only Entry (rbjsec. ) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
14

COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Motion Hearing held on 6/5/2020. Matter is TAKEN UNDER ADVISEMENT, written order to issue. Court Reporter: Sarah Mitchell. (jdyne, ) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
15

NOTICE re 10 MOTION for Temporary Restraining Order of Proposed Temporary Restraining Order by Plaintiffs Agazi Abay, Michael McDaniel, Amy Schneider, Gabriel Thorn (Wolf, Laura) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
16

ORDER granting in part 10 Motion for TRO by Judge R. Brooke Jackson on 6/5/20.(jdyne, ) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

Clearinghouse
17

Emergency MOTION to Amend/Correct/Modify 16 Order on Motion for TRO by Defendant City of Denver. (Attachments: # 1 Exhibit A - Body Camera Policy)(Lewis, Melanie) (Entered: 06/05/2020)

1 Exhibit A - Body Camera Policy

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June 5, 2020

June 5, 2020

RECAP

Minute Order

June 5, 2020

June 5, 2020

PACER
18

ORDER taking under advisement 17 Motion to Amend/Correct/Modify. You have not conferred with opposing counsel, and they have not responded. Ideally, you reach agreement. However, if you have continued to try to reach opposing counsel (and there seem to be at least four of them)but cannot, I will rule without their input on or before 6:00 p.m. tonight (Saturday).n by Judge R. Brooke Jackson on 6/6/20. Text Only Entry(rbj) (Entered: 06/06/2020)

June 6, 2020

June 6, 2020

PACER
19

NOTICE re 17 Emergency MOTION to Amend/Correct/Modify 16 Order on Motion for TRO by Defendant City of Denver (Lewis, Melanie) (Entered: 06/06/2020)

June 6, 2020

June 6, 2020

PACER
20

RESPONSE to 17 Emergency MOTION to Amend/Correct/Modify 16 Order on Motion for TRO filed by Plaintiffs Agazi Abay, Michael McDaniel, Amy Schneider, Gabriel Thorn. (Wolf, Laura) (Entered: 06/06/2020)

June 6, 2020

June 6, 2020

RECAP
21

ORDER granting in part and denying in part 17 Motion to Amend/Correct/Modify. Having reviewed the motion and response, the Court grants the motion to the extent that it requests that officers who may authorize otherwise prohibited force to respond to violence or property destruction that they personally observe are those at the level of lieutenant and above. The Court denies the motion to the extent it requests modification of the body camera language. However, as a matter of common sense, the Court is not requiring that body cameras be activated and draining batteries when nothing is happening in the officer's vicinity. The cameras should be activated and filming any and all acts of confrontation between police officers and others, and if that means increasing the supply of batteries, so be it. by Judge R. Brooke Jackson on 6/6/20. Text Only Entry(rbj) (Entered: 06/06/2020)

June 6, 2020

June 6, 2020

PACER

Order on Motion to Amend/Correct/Modify

June 7, 2020

June 7, 2020

PACER
22

NOTICE of Entry of Appearance by Geoffrey Charles Klingsporn on behalf of City of DenverAttorney Geoffrey Charles Klingsporn added to party City of Denver(pty:dft) (Klingsporn, Geoffrey) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
23

MOTION to Withdraw as Attorney by Plaintiffs Agazi Abay, Michael McDaniel, Amy Schneider, Gabriel Thorn. (Wolf, Laura) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

RECAP
24

ORDER granting 23 Motion to Withdraw as Attorney. Attorney John Michael Guevara and Laura Beth Wolf are withdrawn. By Judge R. Brooke Jackson on 6/11/2020. Text Only Entry(rbjsec.) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER

Order on Motion to Withdraw as Attorney

June 11, 2020

June 11, 2020

PACER
25

Emergency MOTION for Temporary Restraining Order Extension by Plaintiffs Agazi Abay, Michael McDaniel, Amy Schneider, Gabriel Thorn. (Schwab, Edward) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
26

MOTION to Amend/Correct/Modify 16 Order on Motion for TRO by Plaintiffs Agazi Abay, Michael McDaniel, Amy Schneider, Gabriel Thorn. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Schwab, Edward) (Entered: 06/16/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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June 16, 2020

June 16, 2020

PACER
27

MOTION for Preliminary Injunction by Plaintiffs Agazi Abay, Michael McDaniel, Amy Schneider, Gabriel Thorn. (Schwab, Edward) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
28

RESPONSE to 25 Emergency MOTION for Temporary Restraining Order Extension, 26 MOTION to Amend/Correct/Modify 16 Order on Motion for TRO filed by Defendant City of Denver. (Klingsporn, Geoffrey) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

RECAP
29

ORDER denying 25 Emergency MOTION for Temporary Restraining Order Extension. The Court will not consider further relief until counsel certify that they have conferred, in person or by telephone, and that they have attempted in good faith to reach a stipulated order that reasonably assures that peaceful protesters in the future will be protected against inappropriate police response and that reasonably assures that police officers will be able to take reasonable actions to protect themselves, the public, and property. Further, the Court will not entertain any "emergency" motion that is based on speculation as opposed to hard evidence of misconduct. The parties, if they set aside the extremes on both sides, should be able to reach an agreement that accomplishes mutually desired goals. If the parties, despite their respective statements that they have similar goals, cannot reach an agreement, then they may submit their respective proposed orders, and the Court will likely enter the order or a version of it that is the most reasonable. By Judge R. Brooke Jackson on 6/17/2020. Text Only Entry(rbjsec. ) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER
30

ORDER denying 26 MOTION to Amend/Correct/Modify 16 Order on Motion for TRO. See the Court's order at ECF No. 29. By Judge R. Brooke Jackson on 6/17/2020.(rbjsec.) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER
31

ORDER denying 27 Motion for Preliminary Injunction. See the Court's order at ECF No. 29. By Judge R. Brooke Jackson on 6/17/2020. Text Only Entry(rbjsec. ) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER

Order on Motion for TRO

June 17, 2020

June 17, 2020

PACER

Order on Motion to Amend/Correct/Modify

June 17, 2020

June 17, 2020

PACER

Order on Motion for Preliminary Injunction

June 17, 2020

June 17, 2020

PACER
32

NOTICE re 29 Order on Motion for TRO,,,, Updated Notice of Conferral Pursuant to ECF No 29 by Plaintiffs Agazi Abay, Michael McDaniel, Amy Schneider, Gabriel Thorn (Attachments: # 1 Exhibit Emails regarding conferrals)(Ziev, Ross) (Entered: 06/18/2020)

1 Exhibit Emails regarding conferrals

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June 18, 2020

June 18, 2020

PACER
33

NOTICE re 29 Order on Motion for TRO,,,, of Stipulated and Disputed Injunctive Relief by Plaintiffs Agazi Abay, Michael McDaniel, Amy Schneider, Gabriel Thorn (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Schwab, Edward) (Entered: 06/19/2020)

1 Exhibit 1

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2 Exhibit 2

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June 19, 2020

June 19, 2020

PACER
34

NOTICE re 29 Order on Motion for TRO,,,, Notice of Submission of Proposed Order by Defendant City of Denver (Attachments: # 1 Exhibit 1 - Proposed Order, # 2 Exhibit 2 - Phelan Declaration)(Lewis, Melanie) (Entered: 06/19/2020)

1 Exhibit 1 - Proposed Order

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2 Exhibit 2 - Phelan Declaration

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June 19, 2020

June 19, 2020

PACER
35

ORDER: the Court sua sponte extends its temporary restraining order for one week to June 26, 2020, with the proviso that, as to any part of the temporary restraining order that is inconsistent with the points on which the parties have agreed, the parties' agreement will prevail. by Judge R. Brooke Jackson on 6/19/20. (jdyne, ) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

Clearinghouse
36

MINUTE ORDER: A half-day Evidentiary Hearing Re: Preliminary Injunction is set for 6/25/2020 at 1:30 PM in Courtroom A 902 before Judge R. Brooke Jackson. Due to the COVID-19 pandemic, the hearing will be held by video teleconference. The Court's staff will provide connection instructions to the parties by email prior to the hearing. by Judge R. Brooke Jackson on 6/23/2020. Text Only Entry (rbjsec. ) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER

Minute Order

June 23, 2020

June 23, 2020

PACER
37

STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant City of Denver. City of Denver answer due 6/25/2020. (Farley, Conor) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
38

RESPONSE to 27 MOTION for Preliminary Injunction filed by Defendant City of Denver. (Attachments: # 1 Exhibit Exhibit 1 - Emergency-Curfew-Order_2020.05.30, # 2 Exhibit Exhibit 2 - Extended-Emergency-Curfew_2020.06.01, # 3 Exhibit Exhibit 3 - Bruning Declaration, # 4 Exhibit Exhibit 6 - DPD BWC Policy, # 5 Exhibit Exhibit 7 - Kushdilian Declaration)(Klingsporn, Geoffrey) (Entered: 06/25/2020)

1 Exhibit Exhibit 1 - Emergency-Curfew-Order_2020.05.30

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2 Exhibit Exhibit 2 - Extended-Emergency-Curfew_2020.06.01

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3 Exhibit Exhibit 3 - Bruning Declaration

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4 Exhibit Exhibit 6 - DPD BWC Policy

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5 Exhibit Exhibit 7 - Kushdilian Declaration

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June 25, 2020

June 25, 2020

RECAP
39

COURTROOM MINUTES for Preliminary Injunction Hearing via Video Teleconference held before Judge R. Brooke Jackson on 6/25/2020. Parties are to submit a signed written stipulation via email to chambers by 10:00 a.m. on Friday, June 26, 2020. Court Reporter: Sarah Mitchell. (ebuch) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
40

STIPULATION by Defendant City of Denver. (Lewis, Melanie) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

Clearinghouse
41

ORDER APPROVING STIPULATION re: 39 Evidentiary Hearing and 40 Stipulation. The Court approves the parties' stipulation. In view of the Law Enforcement Integrity Act, to which the parties refer in the stipulation, and the other terms of the stipulation, the Court will not further extend the temporary restraining order or enter a preliminary injunction at this time. The Court retains jurisdiction to consider any future request by the plaintiffs or the defendant that might be viewed as necessary and appropriate. By Judge R. Brooke Jackson on 6/26/2020. (rbjsec, ) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

RECAP
42

ANSWER to 4 Complaint by City of Denver.(Lewis, Melanie) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
43

Partial TRANSCRIPT of Preliminary Injunction - Testimony of Sgt. Havard held on June 25, 2020 before Judge Jackson. Pages: 1-13. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (smitc, ) (Entered: 07/25/2020)

July 25, 2020

July 25, 2020

PACER
44

MOTION for Order to Show Cause by Plaintiffs Agazi Abay, Michael McDaniel, Amy Schneider, Gabriel Thorn. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Exhibit 8, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 13, # 11 Exhibit 14, # 12 Exhibit 15, # 13 Exhibit 16, # 14 Exhibit 18, # 15 Exhibit 19)(Schwab, Edward) (Entered: 07/27/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 5

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5 Exhibit 6

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6 Exhibit 7

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7 Exhibit 8

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8 Exhibit 9

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9 Exhibit 10

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10 Exhibit 13

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11 Exhibit 14

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12 Exhibit 15

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13 Exhibit 16

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14 Exhibit 18

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15 Exhibit 19

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July 27, 2020

July 27, 2020

RECAP
45

RESPONSE to 44 MOTION for Order to Show Cause filed by Defendant City of Denver. (Klingsporn, Geoffrey) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
46

Conventionally Submitted Material : 1 Flash Drive. Text Only Entry. (apesa, ) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
47

ORDER re: 44 Motion for Order to Show Cause by Judge R. Brooke Jackson on 11/23/20.(jdyne, ) (Entered: 11/23/2020)

Nov. 23, 2020

Nov. 23, 2020

Clearinghouse
48

RESPONSE to 44 MOTION for Order to Show Cause filed by Defendant City of Denver. (Attachments: # 1 Exhibit A - Conferral Email 7.22.2020, # 2 Exhibit B - Pazen Declaration, # 3 Exhibit C - Conferral Email 7.27.2020, # 4 Exhibit D - Use of Force Report, # 5 Exhibit E - Carroll Declaration)(Lewis, Melanie) (Entered: 12/15/2020)

1 Exhibit A - Conferral Email 7.22.2020

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2 Exhibit B - Pazen Declaration

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3 Exhibit C - Conferral Email 7.27.2020

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4 Exhibit D - Use of Force Report

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5 Exhibit E - Carroll Declaration

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Dec. 15, 2020

Dec. 15, 2020

RECAP
49

SUPPLEMENT/AMENDMENT to 48 Response to Motion, by Defendant City of Denver. (Attachments: # 1 Exhibit Exhibit F, # 2 Exhibit Exhibit G)(Lewis, Melanie) (Entered: 12/17/2020)

1 Exhibit Exhibit F

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2 Exhibit Exhibit G

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Dec. 17, 2020

Dec. 17, 2020

PACER
50

TRANSCRIPT of Preliminary Injunction held on June 25, 2020 before Judge Jackson. Pages: 1-121. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (smitc, ) (Entered: 03/12/2021)

March 12, 2021

March 12, 2021

PACER
51

MOTION to Withdraw as Attorney by Defendant City of Denver. (Lewis, Melanie) (Entered: 05/11/2021)

May 11, 2021

May 11, 2021

PACER
52

ORDER granting 51 Motion to Withdraw as Attorney. Attorney Melanie Bailey Lewis is withdrawn. By Judge R. Brooke Jackson on 5/12/2021. Text Only Entry(rbjsec. ) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER

Order on Motion to Withdraw as Attorney

May 12, 2021

May 12, 2021

PACER
53

NOTICE of Entry of Appearance for Plaintiff Amy Schneider by Elizabeth C. Wang on behalf of Amy SchneiderAttorney Elizabeth C. Wang added to party Amy Schneider(pty:pla) (Wang, Elizabeth) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER
54

NOTICE of Entry of Appearance by Elizabeth C. Wang on behalf of Agazi Abay, Amy Schneider, Gabriel ThornAttorney Elizabeth C. Wang added to party Agazi Abay(pty:pla), Attorney Elizabeth C. Wang added to party Gabriel Thorn(pty:pla) (Wang, Elizabeth) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

PACER
55

NOTICE of Entry of Appearance by Makeba Rutahindurwa on behalf of Agazi Abay, Amy Schneider, Gabriel ThornAttorney Makeba Rutahindurwa added to party Agazi Abay(pty:pla), Attorney Makeba Rutahindurwa added to party Amy Schneider(pty:pla), Attorney Makeba Rutahindurwa added to party Gabriel Thorn(pty:pla) (Rutahindurwa, Makeba) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

PACER
56

MOTION to Amend/Correct/Modify 4 Complaint by Plaintiffs Agazi Abay, Amy Schneider, Gabriel Thorn. (Attachments: # 1 Exhibit A (clean), # 2 Exhibit B (redline))(Wang, Elizabeth) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

PACER
57

MOTION for Hearing/Conference (to Set Rule 16 Scheduling Conference) by Plaintiffs Agazi Abay, Amy Schneider, Gabriel Thorn. (Wang, Elizabeth) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

PACER
58

NOTICE OF CASE ASSOCIATION (related cases) by Elizabeth C. Wang on behalf of Agazi Abay, Amy Schneider, Gabriel Thorn (Wang, Elizabeth) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

PACER
59

MOTION to Withdraw as Counsel for Plaintiffs Agazi Abay, Amy Schneider and Gabriel Thorn by Plaintiffs Agazi Abay, Amy Schneider, Gabriel Thorn. (Ziev, Ross) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

PACER
60

ORDER granting 59 MOTION to Withdraw as Counsel for Plaintiffs Agazi Abay, Amy Schneider and Gabriel Thorn. Ross Ziev and E. Milo Schwab are withdrawn as counsel for plaintiffs Abay, Schneider, and Thorn. By Judge R. Brooke Jackson on 5/31/2022. Text Only Entry(rbjsec.) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER

Order on Motion to Withdraw

May 31, 2022

May 31, 2022

PACER
61

MOTION to Withdraw as Attorney by Plaintiff Michael McDaniel. (Ziev, Ross) (Entered: 06/13/2022)

June 13, 2022

June 13, 2022

PACER
62

ORDER granting 61 Motion to Withdraw as Attorney. Attorney Ross Ziev is withdrawn for plaintiff Michael McDaniel. Mr. Schwab, who has already entered and will remain on the case. By Judge R. Brooke Jackson on 6/13/2022. Text Only Entry(rbjsec. ) (Entered: 06/13/2022)

June 13, 2022

June 13, 2022

PACER

Order on Motion to Withdraw as Attorney

June 13, 2022

June 13, 2022

PACER
63

ORDER granting 56 MOTION to Amend/Correct/Modify 4 Complaint. The Court requests that the Clerk of Court's office docket the First Amended Complaint and Jury Demand located at ECF No. 56-1. By Judge R. Brooke Jackson on 6/23/2022. Text Only Entry(rbjsec.) (Entered: 06/23/2022)

June 23, 2022

June 23, 2022

PACER
64

ORDER granting 57 MOTION for Hearing/Conference (to Set Rule 16 Scheduling Conference). Counsel are directed to jointly contact Chambers at jackson_chambers@cod.uscourts.gov within one week to set a Scheduling Conference. A proposed scheduling order will be due one week prior to the Scheduling Conference. By Judge R. Brooke Jackson on 6/23/2022. Text Only Entry(rbjsec. ) (Entered: 06/23/2022)

June 23, 2022

June 23, 2022

PACER
65

First AMENDED COMPLAINT and Jury Demand against Patrick Phelan, City and County of Denver, Colorado, filed by Michael McDaniel, Agazi Abay, Amy Schneider, Gabriel Thorn. (amended complaint filed per Ecf no. #63)(sphil, ) (Entered: 06/23/2022)

June 23, 2022

June 23, 2022

Clearinghouse

Order on Motion to Amend/Correct/Modify

June 23, 2022

June 23, 2022

PACER

Order on Motion for Hearing/Conference

June 23, 2022

June 23, 2022

PACER
66

MINUTE ORDER: An in-person Scheduling Conference is set for 7/19/2022 at 1:30 PM in Courtroom A 902 before Judge R. Brooke Jackson. The Court requests that the parties confer and attempt to agree on a schedule and submit a joint proposed scheduling order by July 12, 2022 pointing out any areas of disagreement. Please email the proposed order to Jackson_Chambers@cod.uscourts.gov in Word format and efile a PDF into CM/ECF. By Judge R. Brooke Jackson on 6/28/2022. Text Only Entry (rbjsec.) (Entered: 06/28/2022)

June 28, 2022

June 28, 2022

PACER

Minute Order

June 28, 2022

June 28, 2022

PACER
67

MOTION to Withdraw as Attorney Makeba Rutahindurwa by Plaintiffs Agazi Abay, Amy Schneider, Gabriel Thorn. (Wang, Elizabeth) (Entered: 06/29/2022)

June 29, 2022

June 29, 2022

PACER
68

ORDER granting 67 Motion to Withdraw as Attorney. Attorney Makeba Rutahindurwa is withdrawn. By Judge R. Brooke Jackson on 6/29/2022. Text Only Entry(rbjsec. ) (Entered: 06/29/2022)

June 29, 2022

June 29, 2022

PACER

Order on Motion to Withdraw as Attorney

June 29, 2022

June 29, 2022

PACER
69

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 65 Amended Complaint, Add and Terminate Parties by Defendants City and County of Denver, Colorado, Patrick Phelan. (Farley, Conor) (Entered: 07/01/2022)

July 1, 2022

July 1, 2022

PACER
70

ORDER granting 69 Motion for Extension of Time to Answer or Otherwise Respond re 65 Amended Complaint. Response to 65 Amended Complaint due 7/18/22. by Judge R. Brooke Jackson on 7/6/22. Text Only Entry(jdyne, ) (Entered: 07/06/2022)

July 6, 2022

July 6, 2022

PACER

Order on Motion for Extension of Time to Answer or Otherwise Respond

July 6, 2022

July 6, 2022

PACER
71

Proposed Scheduling Order by Plaintiffs Agazi Abay, Michael McDaniel, Amy Schneider, Gabriel Thorn. (Wang, Elizabeth) (Entered: 07/12/2022)

July 12, 2022

July 12, 2022

PACER
72

ANSWER to 65 Amended Complaint, Add and Terminate Parties by Patrick Phelan.(Farley, Conor) (Entered: 07/18/2022)

July 18, 2022

July 18, 2022

PACER
73

ANSWER to 65 Amended Complaint, Add and Terminate Parties by City and County of Denver, Colorado.(Farley, Conor) (Entered: 07/18/2022)

July 18, 2022

July 18, 2022

PACER
74

Joint MOTION for Protective Order by Plaintiffs Agazi Abay, Michael McDaniel, Amy Schneider, Gabriel Thorn. (Attachments: # 1 Exhibit A- Stipulated Protective Order)(Wang, Elizabeth) (Entered: 07/19/2022)

July 19, 2022

July 19, 2022

PACER
75

ORDER granting 74 Joint Motion for Protective Order. By Judge R. Brooke Jackson on 7/19/2022. Text Only Entry(rbjsec. ) (Entered: 07/19/2022)

July 19, 2022

July 19, 2022

PACER
76

STIPULATED PROTECTIVE ORDER by Judge R. Brooke Jackson on 7/19/2022 (jdyne, ) (Entered: 07/19/2022)

July 19, 2022

July 19, 2022

PACER
77

COURTROOM MINUTES for Scheduling Conference held before Judge R. Brooke Jackson on 7/19/2022. Discovery due by 3/17/2023. Dispositive Motions due by 4/14/2023. 10 day Jury Trial set to commence on 7/24/2023 09:00 AM in Courtroom A 902 before Judge R. Brooke Jackson. Trial Preparation Conference set for 7/14/2023 at 09:00 AM in Courtroom A 902 before Judge R. Brooke Jackson. Court Reporter: Sarah Mitchell. (kmyha, ) (Entered: 07/19/2022)

July 19, 2022

July 19, 2022

PACER

Order on Motion for Protective Order

July 19, 2022

July 19, 2022

PACER
78

ORDER Setting Trial and Trial Preparation Conference by Judge R. Brooke Jackson on 7/20/22. (jdyne, ) (Entered: 07/20/2022)

July 20, 2022

July 20, 2022

PACER
79

Proposed Scheduling Order by Plaintiffs Agazi Abay, Amy Schneider, Gabriel Thorn. (Wang, Elizabeth) (Entered: 07/20/2022)

July 20, 2022

July 20, 2022

PACER
80

SCHEDULING ORDER by Judge R. Brooke Jackson on 7/20/2022. (sphil, ) (Entered: 07/21/2022)

July 20, 2022

July 20, 2022

PACER
81

TRANSCRIPT of Scheduling Conference held on July 19, 2022 before Judge Jackson. Pages: 1-13. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (smitc, ) (Entered: 08/03/2022)

Aug. 3, 2022

Aug. 3, 2022

PACER
82

Unopposed MOTION for Extension of Time to Respond to Plaintiff Agazi Abay's First Set of Requests for Production by Defendant City and County of Denver, Colorado. (Farley, Conor) (Entered: 08/17/2022)

Aug. 17, 2022

Aug. 17, 2022

PACER
83

ORDER granting 82 Motion for Extension of Time Respond to Plaintiff Agazi Abay's First Set of Requests for Production. Defendants must serve their responses by August 31, 2022. by Judge R. Brooke Jackson on 8/19/2022. Text Only Entry(rbjlc4, ) (Entered: 08/19/2022)

Aug. 19, 2022

Aug. 19, 2022

PACER

Order on Motion for Extension of Time to File

Aug. 19, 2022

Aug. 19, 2022

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Multi-LexSum (in sample)

Key Dates

Filing Date: June 4, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are residents of Denver, Colorado who participated in, observed, or wanted to participate in or observe, protests following the police killing of George Floyd.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City of Denver (Denver, Denver), City

Former Commander of Denver Police Department (Denver), Private Entity/Person

County of Denver (Denver), County

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Unreasonable search and seizure

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Order Duration: 2020 - None

Issues

General/Misc.:

Aggressive behavior

Failure to discipline

Failure to supervise

Failure to train

Pattern or Practice

Policing:

Excessive force

Pepper/OC Spray (policing)