Case: Weikert v. Elder

1:20-cv-03646 | U.S. District Court for the District of Colorado

Filed Date: Dec. 13, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This putative class action was filed on December 20, 2020 by a group of medically vulnerable detainees at the El Paso County Jail in Colorado, seeking reasonable COVID-19 safety measures. The Court granted a stipulated preliminary injunction on January 4, 2021. This case is about the detainment conditions of individuals with a high vulnerability to COVID-19 within the El Paso County Jail in Colorado. On December 13, 2020, six detainees of the El Paso County Jail who are partic…

COVID-19 Summary: This putative class action was filed on December 20, 2020 by a group of medically vulnerable detainees at the El Paso County Jail in Colorado, seeking reasonable COVID-19 safety measures. The Court granted a stipulated preliminary injunction on January 4, 2021.


This case is about the detainment conditions of individuals with a high vulnerability to COVID-19 within the El Paso County Jail in Colorado. On December 13, 2020, six detainees of the El Paso County Jail who are particularly vulnerable to COVID-19 filed this putative class action against El Paso County Sheriff Bill Elder in the U.S. District Court for the District of Colorado. The plaintiffs sued under 42 U.S.C. § 1983 for Eighth Amendment and Fourteenth Amendment violations, as well as violations of the Colorado Constitution. The plaintiffs sought to include all current and future persons held in custody at the El Paso County Jail as class members and also sought the certification of three subclasses: (1) those held in pretrial detention; (2) those held in connection with a criminal conviction; and (3) those who were medically vulnerable with respect to COVID-19.

The plaintiffs sought injunctive relief requiring the jail to take measures to mitigate the risks of COVID-19, including: mask requirements, testing, quarantining, and medical treatment. They also sought declaratory relief that the jail's policies violated the U.S. Constitution and the Colorado Constitution. The plaintiffs argued that the lack of reasonable COVID-19 precautions in the jail amounted to a violation of the Due Process rights of the pre-trial detainees, since the lack of COVID-19 protections demonstrates deliberate indifference by the defendant and puts detainees at a serious risk of harm. The plaintiffs also argued that the disregard for the serious risks of harm to post-conviction detainees amounted to cruel and unusual punishment, in violation of the Eighth Amendment. The case was assigned to Judge Christine M. Arguello; however, Judge Arguello recused herself and the case was randomly reassigned to Judge Richard Brooke Jackson.

On December 31, 2020, the plaintiffs filed a stipulated motion for preliminary injunction. Judge Jackson granted the injunction on January 4, 2021. As a result of the preliminary injunction, the defendant was ordered to require all staff, contractors, and inmates to wear masks. The defendant also agreed to continue COVID-19 testing protocols and to require medical staff to screen and identify at-risk individuals vulnerable to the effects of COVID-19. The order also required the jail to provide inmates access to clean drinking water and for the staff to check all inmates' temperatures twice per day. For the duration of the preliminary injunction, the order provided that the jail is required to house all COVID-19 positive inmates in isolation and to ensure that such inmates are housed in a non-punitive environment with access to personal items. The jail is required to take measures to allow for social distancing of at-risk inmates and to screen COVID-19 positive inmates for symptoms and vital signs. For the duration of the injunction, the jail was required to provide plaintiff's counsel with a roster of inmates, the total number of COVID-19 positive inmates, the number of COVID tests conducted during the prior week, and the number of inmates who tested positive over the prior week. The preliminary injunction was set to expire after 90 days.

The case is ongoing as of January 20, 2021.

Summary Authors

Nicholas Gillan (2/5/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18738872/parties/weikert-v-elder/


Judge(s)

Jackson, Richard Brooke (Colorado)

Attorneys(s) for Plaintiff

Geiman, Rachel Z. (Colorado)

Herzberg, Arielle Kay (Colorado)

Hubbard, Jamie Hughes (Colorado)

Keeler, Asma Kadri (Colorado)

Kurtz, Anna I. (Colorado)

Maxted, David George (Colorado)

Neel, Sara R. (Colorado)

Silverstein, Mark (Colorado)

Williams, Daniel David (Colorado)

Judge(s)

Jackson, Richard Brooke (Colorado)

Attorneys(s) for Plaintiff

Geiman, Rachel Z. (Colorado)

Herzberg, Arielle Kay (Colorado)

Hubbard, Jamie Hughes (Colorado)

Keeler, Asma Kadri (Colorado)

Kurtz, Anna I. (Colorado)

Maxted, David George (Colorado)

Neel, Sara R. (Colorado)

Silverstein, Mark (Colorado)

Williams, Daniel David (Colorado)

Attorneys(s) for Defendant

May, Diana Kay (Colorado)

Sample, Terry Angela (Colorado)

Whitney, Nathan James (Colorado)

Documents in the Clearinghouse

Document

Docket [PACER]

Jan. 22, 2021 Docket
2

Motion for Temporary Restraining Order, Preliminary Injunction, and Expedited Hearing

Dec. 13, 2020 Pleading / Motion / Brief
1

Class Action Complaint for Injunctive and Declaratory Relief

Dec. 13, 2020 Complaint
25

Stipulated Preliminary Injunction

Jan. 4, 2021 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18738872/weikert-v-elder/

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

ECF Number Description Date Link
1

COMPLAINT against Bill Elder as Sheriff of El Paso County Sheriff's Office (Filing fee $ 402,Receipt Number 1082-7628482)Attorney Daniel David Williams added to party Jennifer Hermanns(pty:pla), Attorney Daniel David Williams added to party Terrence Lacey(pty:pla), Attorney Daniel David Williams added to party Jean-Joseph Le Chifre(pty:pla), Attorney Daniel David Williams added to party Sean Nelson(pty:pla), Attorney Daniel David Williams added to party Gilbert Trujillo(pty:pla), Attorney Daniel David Williams added to party Hannah Weikert(pty:pla), filed by Gilbert Trujillo, Hannah Weikert, Sean Nelson, Terrence Lacey, Jennifer Hermanns, Jean-Joseph Le Chifre. (Attachments: # 1 Civil Cover Sheet)(Williams, Daniel) (Entered: 12/13/2020)

1 Civil Cover Sheet

View on PACER

Dec. 13, 2020 RECAP
2

MOTION for Temporary Restraining Order by Plaintiffs Jennifer Hermanns, Terrence Lacey, Jean-Joseph Le Chifre, Sean Nelson, Gilbert Trujillo, Hannah Weikert. (Attachments: # 1 Motion for Temporary Restraining Order and Preliminary Injunction Exhibit List, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Proposed Order (PDF Only) )(Williams, Daniel) (Entered: 12/13/2020)

Dec. 13, 2020 PACER
3

MOTION to Certify Class by Plaintiffs Jennifer Hermanns, Terrence Lacey, Jean-Joseph Le Chifre, Sean Nelson, Gilbert Trujillo, Hannah Weikert. (Williams, Daniel) (Entered: 12/13/2020)

Dec. 13, 2020 PACER
4

Case assigned to Judge Christine M. Arguello and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (trvo, ) (Entered: 12/14/2020)

Dec. 13, 2020 PACER
5

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). NO SUMMONS ISSUED. (trvo, ) (Entered: 12/14/2020)

Dec. 13, 2020 PACER
6

NOTICE of Entry of Appearance by Jamie Hughes Hubbard on behalf of All Plaintiffs Attorney Jamie Hughes Hubbard added to party Jean-Joseph Le Chiffre(pty:pla), Attorney Jamie Hughes Hubbard added to party Jennifer Hermanns(pty:pla), Attorney Jamie Hughes Hubbard added to party Terrence Lacey(pty:pla), Attorney Jamie Hughes Hubbard added to party Sean Nelson(pty:pla), Attorney Jamie Hughes Hubbard added to party Gilbert Trujillo(pty:pla), Attorney Jamie Hughes Hubbard added to party Hannah Weikert(pty:pla) (Hubbard, Jamie) (Entered: 12/14/2020)

Dec. 14, 2020 PACER
7

ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya. Magistrate Judge Tafoya is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. ยง 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. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. The Magistrate Judge, at his/her discretion, may 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 Christine M. Arguello on 12/14/2020. Text Only Entry (cmasec) (Entered: 12/14/2020)

Dec. 14, 2020 PACER
8

ORDER OF RECUSAL. Upon review of the file of this case, I conclude that I must recuse myself from further service in this case because one of my law clerks is married to one of the attorneys in this case. It is, therefore, ORDERED that the judges file be returned to the clerk and that the case be reassigned by random draw, by Judge Christine M. Arguello on 12/14/2020. (evana, ) (Entered: 12/14/2020)

Dec. 14, 2020 PACER
9

CASE REASSIGNED Pursuant to 8 Order of Recusal, this case is randomly reassigned Judge R. Brooke Jackson. All future pleadings should be designated as 20-cv-03646 RBJ. (Text Only Entry) (evana, ) (Entered: 12/14/2020)

Dec. 14, 2020 PACER
10

NOTICE of Entry of Appearance by Mark Silverstein on behalf of All Plaintiffs Attorney Mark Silverstein added to party Jean-Joseph Le Chiffre(pty:pla), Attorney Mark Silverstein added to party Jennifer Hermanns(pty:pla), Attorney Mark Silverstein added to party Terrence Lacey(pty:pla), Attorney Mark Silverstein added to party Sean Nelson(pty:pla), Attorney Mark Silverstein added to party Gilbert Trujillo(pty:pla), Attorney Mark Silverstein added to party Hannah Weikert(pty:pla) (Silverstein, Mark) (Entered: 12/14/2020)

Dec. 14, 2020 PACER
11

NOTICE of Entry of Appearance by Arielle Kay Herzberg on behalf of All Plaintiffs Attorney Arielle Kay Herzberg added to party Jean-Joseph Le Chiffre(pty:pla), Attorney Arielle Kay Herzberg added to party Jennifer Hermanns(pty:pla), Attorney Arielle Kay Herzberg added to party Terrence Lacey(pty:pla), Attorney Arielle Kay Herzberg added to party Sean Nelson(pty:pla), Attorney Arielle Kay Herzberg added to party Gilbert Trujillo(pty:pla), Attorney Arielle Kay Herzberg added to party Hannah Weikert(pty:pla) (Herzberg, Arielle) (Entered: 12/14/2020)

Dec. 14, 2020 PACER
12

NOTICE of Entry of Appearance by Sara R. Neel on behalf of All Plaintiffs Attorney Sara R. Neel added to party Jean-Joseph Le Chiffre(pty:pla), Attorney Sara R. Neel added to party Jennifer Hermanns(pty:pla), Attorney Sara R. Neel added to party Terrence Lacey(pty:pla), Attorney Sara R. Neel added to party Sean Nelson(pty:pla), Attorney Sara R. Neel added to party Gilbert Trujillo(pty:pla), Attorney Sara R. Neel added to party Hannah Weikert(pty:pla) (Neel, Sara) (Entered: 12/14/2020)

Dec. 14, 2020 PACER
13

NOTICE of Entry of Appearance by Asma Kadri Keeler on behalf of All Plaintiffs Attorney Asma Kadri Keeler added to party Jean-Joseph Le Chiffre(pty:pla), Attorney Asma Kadri Keeler added to party Jennifer Hermanns(pty:pla), Attorney Asma Kadri Keeler added to party Terrence Lacey(pty:pla), Attorney Asma Kadri Keeler added to party Sean Nelson(pty:pla), Attorney Asma Kadri Keeler added to party Gilbert Trujillo(pty:pla), Attorney Asma Kadri Keeler added to party Hannah Weikert(pty:pla) (Keeler, Asma) (Entered: 12/14/2020)

Dec. 14, 2020 PACER
14

NOTICE of Entry of Appearance by David George Maxted on behalf of All Plaintiffs Attorney David George Maxted added to party Jean-Joseph Le Chiffre(pty:pla), Attorney David George Maxted added to party Jennifer Hermanns(pty:pla), Attorney David George Maxted added to party Terrence Lacey(pty:pla), Attorney David George Maxted added to party Sean Nelson(pty:pla), Attorney David George Maxted added to party Gilbert Trujillo(pty:pla), Attorney David George Maxted added to party Hannah Weikert(pty:pla) (Maxted, David) (Entered: 12/14/2020)

Dec. 14, 2020 PACER

Order Referring Case to Magistrate Judge

Dec. 14, 2020 PACER
15

NOTICE of Entry of Appearance by Rachel Z. Geiman on behalf of All Plaintiffs Attorney Rachel Z. Geiman added to party Jean-Joseph Le Chiffre(pty:pla), Attorney Rachel Z. Geiman added to party Jennifer Hermanns(pty:pla), Attorney Rachel Z. Geiman added to party Terrence Lacey(pty:pla), Attorney Rachel Z. Geiman added to party Sean Nelson(pty:pla), Attorney Rachel Z. Geiman added to party Gilbert Trujillo(pty:pla), Attorney Rachel Z. Geiman added to party Hannah Weikert(pty:pla) (Geiman, Rachel) (Entered: 12/15/2020)

Dec. 15, 2020 PACER
16

MINUTE ORDER: The Order of Reference entered at ECF No. 7 is vacated. Due to the COVID-19 pandemic the Court will not hold a Scheduling Conference. The Court requests that counsel confer and attempt to agree on a schedule and submit a proposed scheduling order no later than 45 days after the answer, motion to dismiss or other response to the complaint is filed pointing out any areas of disagreement. Please email the proposed order to Jackson_Chambers@cod.uscourts.gov in Word format and efile into CM/ECF. The Court will review the proposed order and make such rulings as are appropriate. The proposed scheduling order should be prepared as described in the local rules. A copy of instructions for the preparation of a scheduling order and a form scheduling order can be downloaded from the Courts website www.cod.uscourts.gov/CourtOperations/RulesProcedures/Forms.aspx. By Judge R. Brooke Jackson on 12/15/2020. Text Only Entry (rbjsec.) (Entered: 12/15/2020)

Dec. 15, 2020 PACER

Minute Order

Dec. 15, 2020 PACER
17

MINUTE ORDER re: 2 MOTION for Temporary Restraining Order and Preliminary Injunction. The Court is aware that there is no return of service on file but notes at ECF No. 2 at 1, n.1, that service was being attempted on December 11, 2020. The Court requests that the parties do the following within five days after the return of service is filed. First, if you have not already done so, read at least these pleadings from Carranza v. Reams, No. 20-CV-00977-PAB: (1) Chief Judge Brimmer's preliminary injunction order of May 15, 2020 in ECF No. 55 (also found at 2020 WL 2320174); (2) the transcript of the preliminary injunction hearing in that case, ECF No. 61, and (3) the parties' joint motion for preliminary approval of class action settlement, ECF No. 96, with the proposed consent decree attached as ECF No. 96-1. These and other pleadings in that case are publicly accessible documents. This Court recognizes that there might be different circumstances as between the Weld County and El Paso County jails that are relevant, but the work that was done in the Weld case is certainly of interest to this Court and should be of interest to the parties. Second, meet and confer (remotely) and make an immediate, good faith effort (or, as the case might be, another effort) to resolve the issues presented and to draft a proposed settlement agreement for filing with this Court. Third, if steps one and two have taken place but a resolution is not forthcoming, the Court will hold a preliminary injunction hearing for one day on your choice of the following dates: 12/29/2020 at 9:00 or 12/30/2020 at 9:00. The Court believes that an agreed resolution would be preferable to a resolution dictated by the Court. Please notify Chambers at jackson_chambers@cod.uscourts.gov by 12/23/2020 if you plan to set a hearing on one of the two available dates. By Judge R. Brooke Jackson on 12/16/2020. Text Only Entry (rbjsec.) (Entered: 12/16/2020)

Dec. 16, 2020 PACER

Minute Order

Dec. 16, 2020 PACER
18

WAIVER OF SERVICE Returned Executed by Gilbert Trujillo, Hannah Weikert, Sean Nelson, Terrence Lacey, Jennifer Hermanns, Jean-Joseph Le Chiffre. Bill Elder waiver sent on 12/16/2020, answer due 2/14/2021. (Williams, Daniel) (Entered: 12/18/2020)

Dec. 18, 2020 PACER
19

NOTICE of Entry of Appearance by Nathan James Whitney on behalf of Bill ElderAttorney Nathan James Whitney added to party Bill Elder(pty:dft) (Whitney, Nathan) (Entered: 12/22/2020)

Dec. 22, 2020 PACER
20

NOTICE of Entry of Appearance by Diana Kay May on behalf of Bill ElderAttorney Diana Kay May added to party Bill Elder(pty:dft) (May, Diana) (Entered: 12/22/2020)

Dec. 22, 2020 PACER
21

MINUTE ORDER re: 2 MOTION for Temporary Restraining Order filed by Hannah Weikert, Jennifer Hermanns, Sean Nelson, Jean-Joseph Le Chiffre, Terrence Lacey, Gilbert Trujillo. A full-day Hearing is set for 12/30/2020 at 9:00 AM 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 12/26/2020. Text Only Entry (rbjsec.) (Entered: 12/26/2020)

Dec. 26, 2020 PACER

Minute Order

Dec. 26, 2020 PACER
22

MINUTE ORDER re: 21 Minute Order. The parties have informed the Court by email to Chambers that they have reached an agreement in principle regarding the plaintiffs' motion for a preliminary injunction. The Evidentiary Hearing set tomorrow, 12/30/2020 is VACATED. The Court requests that the parties file their proposed stipulated preliminary injunction by end of business on 12/31/2020. By Judge R. Brooke Jackson on 12/29/2020. Text Only Entry (rbjsec. ) (Entered: 12/29/2020)

Dec. 29, 2020 PACER

Minute Order

Dec. 29, 2020 PACER
23

Stipulated MOTION for Preliminary Injunction by Plaintiffs Jean-Joseph Le Chiffre, Jennifer Hermanns, Terrence Lacey, Sean Nelson, Gilbert Trujillo, Hannah Weikert. (Attachments: # 1 Proposed Order (PDF Only) Proposed Stipulated Preliminary Injunction)(Williams, Daniel) (Entered: 12/31/2020)

Dec. 31, 2020 PACER
24

ORDER granting 23 Stipulated Motion for Entry of Preliminary Injunction. By Judge R. Brooke Jackson on 1/4/2021. Text Only Entry(rbjsec. ) (Entered: 01/04/2021)

Jan. 4, 2021 PACER
25

STIPULATED PRELIMINARY INJUNCTION by Judge R. Brooke Jackson on January 4, 2021. (rvill, ) (Entered: 01/04/2021)

Jan. 4, 2021 RECAP

Order on Motion for Preliminary Injunction

Jan. 4, 2021 PACER
26

MOTION for Extension of Time to File Response/Reply as to 3 MOTION to Certify Class by Defendant Bill Elder. (Whitney, Nathan) (Entered: 01/05/2021)

Jan. 5, 2021 PACER
27

ORDER granting 26 MOTION for Extension of Time to File Response/Reply as to 3 MOTION to Certify Class. By Judge R. Brooke Jackson on 1/5/2021. Text Only Entry(rbjsec. ) (Entered: 01/05/2021)

Jan. 5, 2021 PACER

Order on Motion for Extension of Time to File Response/Reply

Jan. 5, 2021 PACER
28

NOTICE of Entry of Appearance by Terry Angela Sample on behalf of Bill ElderAttorney Terry Angela Sample added to party Bill Elder(pty:dft) (Sample, Terry) (Entered: 01/12/2021)

Jan. 12, 2021 PACER
29

MOTION to Dismiss Hannah Weikert by Plaintiff Hannah Weikert. (Williams, Daniel) (Entered: 01/12/2021)

Jan. 12, 2021 PACER
30

ORDER denying 29 MOTION to Dismiss Hannah Weikert. Please comply with local rule 7.1(a). By Judge R. Brooke Jackson on 1/14/2021. Text Only Entry(rbjsec.) (Entered: 01/14/2021)

Jan. 14, 2021 PACER
31

NOTICE of Voluntary Dismissal of Party Hannah Weikert by Plaintiff Hannah Weikert (Williams, Daniel) (Entered: 01/14/2021)

Jan. 14, 2021 PACER

Order on Motion to Dismiss

Jan. 14, 2021 PACER
32

MINUTE ORDER: A Telephonic Status Conference is set for 1/22/2021 at 9:30 AM in Courtroom A 902 before Judge R. Brooke Jackson. The Court directs that the parties use dial-in number 1-888-204-5984 and then enter access code 7557338# when prompted. By Judge R. Brooke Jackson on 1/20/2021. Text Only Entry (rbjsec. ) (Entered: 01/20/2021)

Jan. 20, 2021 PACER

Minute Order

Jan. 20, 2021 PACER
33

MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Telephone Status Conference held on 1/22/2021. Court Reporter: Sarah Mitchell. (jdyne, ) (Entered: 01/22/2021)

Jan. 22, 2021 PACER

Order on Motion for TRO

Feb. 24, 2021 PACER
37

Intervene

March 19, 2021 PACER

Order on Motion to Intervene

April 13, 2021 PACER

Minute Order

June 7, 2021 PACER

~Util - Terminate Motions AND Minute Order

June 15, 2021 PACER

~Util - Set/Clear Flags AND Order

Oct. 5, 2021 PACER