Case: Cruz v. Denver

1:20-cv-01922 | U.S. District Court for the District of Colorado

Filed Date: July 17, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This class-action lawsuit was filed on July 1, 2020 in the U.S. District Court for the District of Colorado. The suit came in response to police tactics used to quell protests in Denver that followed the police killing of George Floyd in May of 2020. Plaintiffs, seven private individuals, were represented by the civil rights law firm Loevy & Loevy and brought this suit against the city and county of Denver, as well as 10 anonymous officers of Denver Police Department (called Does 1-10). The cla…

This class-action lawsuit was filed on July 1, 2020 in the U.S. District Court for the District of Colorado. The suit came in response to police tactics used to quell protests in Denver that followed the police killing of George Floyd in May of 2020. Plaintiffs, seven private individuals, were represented by the civil rights law firm Loevy & Loevy and brought this suit against the city and county of Denver, as well as 10 anonymous officers of Denver Police Department (called Does 1-10). The class-action suit established two separate, putative classes: the Arrest Class, made up of those who were arrested in the protests, and the Direct Force Class, composed of protesters who suffered injuries from police using weapons.

The suit alleged that on May 28, 2020 the Denver Police used weapons like tear gas, flashbang grenades, pepper spray, pepper balls, and rubber bullets on peaceful protesters. According to the complaint, these actions violated the First, Fourth, and Fourteenth Amendments. The First Amendment count claimed that the defendants' actions violated the U.S. Constitution's guarantee of Free Speech and Freedom to Petition. They also argued that the city's curfew itself was unlawfully executed because it only applied to protesters and not to non-protesters. The Fourth Amendment count argued that the defendants' actions in arresting and firing weapons at protesters constituted unreasonable search and seizure and excessive force. Finally, the Fourteenth Amendment count claimed that defendants violated the Due Process Clause and the Equal Protection Clause. Specifically, the Direct Force Class was denied Due Process when the police fired weapons at them "indiscriminately" and the Arrest Class was denied Due Process and Equal Protection when the police arrested them for violation of curfew, according to the complaint. Plaintiffs sought class certification, declaratory relief, injunctive relief prohibiting defendants from further violations, and general and punitive damages. They also sought attorney's fees and costs.

The case was assigned to Magistrate Judge Michael E. Hegarty.

A week later, plaintiffs submitted a notice of related cases, citing two cases with common facts and claims and with at least one party in common: Abay v. Denver and Black Lives Matter 5280 v. Denver.

The plaintiffs amended the complaint on July 23, 2020.

The case was reassigned to Judge Lewis T. Babcock, since not all parties consented to jurisdiction of the magistrate judge. Then on July 28, the case was reassigned to Judge R. Brooke Jackson, consistent with the reassignment in Black Lives Matter 5280 v. City and County of Denver. On August 4, the two cases were consolidated together with BLM 5280 designated as the lead case. Additional information on this litigation can be found under the BLM 5280 entry.

Summary Authors

Jack Hibbard (9/29/2020)

Related Cases

Abay v. Denver, District of Colorado (2020)

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

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17315844/parties/cruz-v-city-and-county-of-denver/


Attorneys(s) for Plaintiff

Thompson, Tara Elizabeth (Illinois)

Twetten, Daniel Moore (Colorado)

Wang, Elizabeth C. (Colorado)

Attorneys(s) for Defendant

Cooperstein, David Charles (Colorado)

Attorneys(s) for Plaintiff

Thompson, Tara Elizabeth (Illinois)

Twetten, Daniel Moore (Colorado)

Wang, Elizabeth C. (Colorado)

Attorneys(s) for Defendant

Cooperstein, David Charles (Colorado)

Documents in the Clearinghouse

Document

1:20-cv-01922

Docket [PACER]

Cruz v. City and County of Denver

Aug. 5, 2020

Aug. 5, 2020

Docket
1

1:20-cv-01922

Complaint

July 1, 2020

July 1, 2020

Complaint
16

1:20-cv-01922

First Amended Class Action Complaint and Jury Demand

July 23, 2020

July 23, 2020

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17315844/cruz-v-city-and-county-of-denver/

Last updated Aug. 5, 2022, 3:24 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against City and County of Denver, DOES 1-10 (Filing fee $ 400,Receipt Number 1082-7366135)Attorney Elizabeth C. Wang added to party Youssef Amghar(pty:pla), Attorney Elizabeth C. Wang added to party Ambrose Cruz(pty:pla), Attorney Elizabeth C. Wang added to party Sara Fitouri(pty:pla), Attorney Elizabeth C. Wang added to party Francesca Lawrence(pty:pla), Attorney Elizabeth C. Wang added to party Jacquelyn Parkins(pty:pla), Attorney Elizabeth C. Wang added to party Andy Sannier(pty:pla), Attorney Elizabeth C. Wang added to party Kelsey Taylor(pty:pla), filed by Andy Sannier, Jacquelyn Parkins, Francesca Lawrence, Sara Fitouri, Ambrose Cruz, Kelsey Taylor, Youssef Amghar. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Wang, Elizabeth) (Entered: 07/01/2020)

1 Civil Cover Sheet

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2 Summons

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July 1, 2020

July 1, 2020

PACER
2

Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry. (jtorr, ) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
3

SUMMONS issued by Clerk. (Attachments: # 1 Magistrate Judge Consent Form) (jtorr, ) (Entered: 07/01/2020)

1 Magistrate Judge Consent Form

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July 1, 2020

July 1, 2020

PACER
4

Minute ORDER by Magistrate Judge Michael E. Hegarty on 1 July 2020. Consent Form due by 8/20/2020. Proposed Scheduling Order due9/2/2020. Scheduling Conference set for 9/9/2020 10:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. by Magistrate Judge Michael E. Hegarty on 1 July 2020. (cmadr, ) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

RECAP
5

NOTICE of Entry of Appearance by Daniel Moore Twetten on behalf of All Plaintiffs Attorney Daniel Moore Twetten added to party Youssef Amghar(pty:pla), Attorney Daniel Moore Twetten added to party Ambrose Cruz(pty:pla), Attorney Daniel Moore Twetten added to party Sara Fitouri(pty:pla), Attorney Daniel Moore Twetten added to party Francesca Lawrence(pty:pla), Attorney Daniel Moore Twetten added to party Jacquelyn Parkins(pty:pla), Attorney Daniel Moore Twetten added to party Andy Sannier(pty:pla), Attorney Daniel Moore Twetten added to party Kelsey Taylor(pty:pla) (Twetten, Daniel) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
6

NOTICE of Entry of Appearance of Counsel by Elizabeth C. Wang on behalf of All Plaintiffs (Wang, Elizabeth) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
7

NOTICE of Entry of Appearance of Counsel by Tara Elizabeth Thompson on behalf of All Plaintiffs Attorney Tara Elizabeth Thompson added to party Youssef Amghar(pty:pla), Attorney Tara Elizabeth Thompson added to party Ambrose Cruz(pty:pla), Attorney Tara Elizabeth Thompson added to party Sara Fitouri(pty:pla), Attorney Tara Elizabeth Thompson added to party Francesca Lawrence(pty:pla), Attorney Tara Elizabeth Thompson added to party Jacquelyn Parkins(pty:pla), Attorney Tara Elizabeth Thompson added to party Andy Sannier(pty:pla), Attorney Tara Elizabeth Thompson added to party Kelsey Taylor(pty:pla) (Thompson, Tara) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
8

NOTICE of Related Cases by Plaintiffs Youssef Amghar, Ambrose Cruz, Sara Fitouri, Francesca Lawrence, Jacquelyn Parkins, Andy Sannier, Kelsey Taylor (Wang, Elizabeth) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
9

SUMMONS Returned Executed by All Plaintiffs. City and County of Denver, Colorado served on 7/8/2020, answer due 7/29/2020. (Wang, Elizabeth) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
10

NOTICE of Entry of Appearance by David Charles Cooperstein on behalf of City and County of Denver, ColoradoAttorney David Charles Cooperstein added to party City and County of Denver, Colorado(pty:dft) (Cooperstein, David) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
11

CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Youssef Amghar, Ambrose Cruz, Sara Fitouri, Francesca Lawrence, Jacquelyn Parkins, Andy Sannier, Kelsey Taylor All parties do not consent.. (Wang, Elizabeth) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
12

MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 17 July 2020. Pursuant to the consent form filed by the parties declining consent under the D.C. Colo.LCivR 40.1(c) 11, the Court directs the Clerk of the Court to reassign this case under D.C.Colo. LCivR 40.1(a). This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. ยง 636(b), Fed. R. Civ. P. 72 and D.C. Colo. LCivR 72.1(c). (cmadr, ) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
13

CASE REASSIGNED pursuant to 12 . All parties do not consent. This case is randomly reassigned to Judge Lewis T. Babcock. All future pleadings should be designated as 20-cv-01922-LTB. (Text Only Entry) (cmadr, ) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
14

MEMORANDUM RETURNING CASE, by Senior Judge Lewis T. Babcock. This case is randomly returned to Judge Daniel D. Domenico for all further proceedings. All future pleadings should be designated as 20-cv-1922-DDD (angar, ) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
15

ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. Pursuant to 28 U.S.C. ยง 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Daniel D. Domenico on 7/20/2020. Text Only Entry (dddlc1, ) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER

Order Referring Case to Magistrate Judge

July 20, 2020

July 20, 2020

PACER
16

AMENDED COMPLAINT against City and County of Denver, Colorado, Jacqueline A. Velasquez, M. Davis, Andrew Nielsen, Zachary Moldenhauer, Jacob Vaporis, Kevin Beasley, Chelsea Novotny, Christopher Cochran, Paul Hogan, Heather R. Jossi, Anthony E. Tak, J. LNU Attorney Elizabeth C. Wang added to party Joe Deras(pty:pla), Attorney Elizabeth C. Wang added to party Johnathen De La Vaca Duran(pty:pla), filed by Andy Sannier, Jacquelyn Parkins, Francesca Lawrence, Sara Fitouri, Ambrose Cruz, Kelsey Taylor, Youssef Amghar, Joe Deras, Johnathen De La Vaca Duran. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons)(Wang, Elizabeth) (Entered: 07/23/2020)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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10 Summons

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11 Summons

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12 Summons

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July 23, 2020

July 23, 2020

RECAP
17

SUMMONSES issued by Clerk. (athom, ) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
18

MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 24 July 2020. Before the Court is a First Amended Class Action Complaint and Jury Demand filed by the Plaintiffs as a matter of course pursuant to Fed. R. Civ. P. 15(a)(1). Plaintiffs shall comply with the local rule on or before July 28, 2020; if they fail to do so, the amended pleading may be stricken. (cmadr, ) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
19

NOTICE of Filing Amended Pleading First Amended Complaint by Plaintiffs Youssef Amghar, Ambrose Cruz, Joe Deras, Johnathen Duran, Sara Fitouri, Francesca Lawrence, Jacquelyn Parkins, Andy Sannier, Kelsey Taylor (Attachments: # 1 Exhibit 1)(Wang, Elizabeth) (Entered: 07/24/2020)

1 Exhibit 1

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July 24, 2020

July 24, 2020

PACER
20

ORDER REASSIGNING CASE. After conferral pursuant to Local Civil Rule 3.2(d), and pursuant to Local Civil Rule 40.1(d)(4)(B) and the approval of the Chief Judge, this case is reassigned to Judge R. Brooke Jackson. All future pleadings should be designated as 1:20-cv-01922-RBJ-MEH. SO ORDERED by Judge Daniel D. Domenico on 07/28/2020. Text Only Entry (athom, ) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER

Order Reassigning Case

July 28, 2020

July 28, 2020

PACER
21

STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant City and County of Denver, Colorado. City and County of Denver, Colorado answer due 8/27/2020. (Cooperstein, David) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
22

ORDER TO CONSOLIDATE RELATED ACTIONS. The Court sua sponte orders that related action Cruz et al v. City and County of Denver et al, 1:20-cv-01922-RBJ be consolidated with the above captioned matter and that all future filings shall be made on the consolidated docket under case Black Lives Matter 5280 et al v. City and County of Denver et al, 1:20-cv-01878-RBJ. By Judge R. Brooke Jackson on 8/4/2020. (apesa, ) (Entered: 08/05/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
23

MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 5 August 2020. In light of Judge R. Brooke Jackson's order consolidating related actions (ECF 22 ), the Scheduling Conference currently set before this Court on September 9, 2020 is vacated. (cmadr, ) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

RECAP
24

Extension of Time

Jan. 29, 2021

Jan. 29, 2021

PACER

Order on Motion for Extension of Time to File

Feb. 1, 2021

Feb. 1, 2021

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Multi-LexSum (in sample)

Key Dates

Filing Date: July 17, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Seven individual plaintiffs

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Loevy & Loevy

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City and County of Denver (Denver, Denver), City

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Excessive force

Over/Unlawful Detention

Pepper/OC spray