Case: Mackes v. Colorado Department of Corrections

1:21-cv-01100 | U.S. District Court for the District of Colorado

Filed Date: April 21, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This lawsuit was filed on April 21, 2021 in the U.S. District Court for the District of Colorado by two blind men in the custody of the Colorado Department of Corrections (CDOC) as well as the National Federation of the Blind of Colorado, on behalf of the two men as well as other members who are or may be in the custody of CDOC. Plaintiffs were represented by the Civil Rights Education and Enforcement Center and private counsel. They alleged that CDOC violated their rights under Title II of t…

This lawsuit was filed on April 21, 2021 in the U.S. District Court for the District of Colorado by two blind men in the custody of the Colorado Department of Corrections (CDOC) as well as the National Federation of the Blind of Colorado, on behalf of the two men as well as other members who are or may be in the custody of CDOC. Plaintiffs were represented by the Civil Rights Education and Enforcement Center and private counsel. They alleged that CDOC violated their rights under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act by excluding them from benefits, services, programs, and activities, subjecting them to discrimination, and failing to make required reasonable modifications to policies, practices, and procedures to avoid such discrimination on the basis of disability.

In particular, the plaintiffs asserted that CDOC provided or required important information and communication in writing, without offering in an accessible or alternative format. For example, Post Orders, orientation materials, administrative regulations, mealtime menus, and numerous other sources of information were available in writing only, without an accessible alternative. CDOC's grievance program required incarcerated persons to fill out a printed form in writing, and the plaintiffs could not independently or privately complete the form or read responses to the grievances. Medical appointment request forms had to be completed in writing, and the plaintiffs could not independently or privately write these requests; their attempts to write on raised-line paper were not always accepted. Similarly, blind persons at the prison could not independently or privately submit names and phone numbers for approval on their phone call lists, because doing so required submitting a written list of names and numbers, and could not independently read, write, or send correspondence by mail.

Instead of providing accessible versions of the materials and programs at issue, CDOC assigned blind persons in their custody, including plaintiffs, "Offender Care Aides" to read and write for them, and to guide them within the facility. These Aides were other persons in CDOC custody. Plaintiffs argued that the need to rely on these Aides for reading and writing compromised their security and privacy, and left them at the mercy of the Aide's literacy skills, ethical principles, work ethic, and self interest. Reliance on the Aides has resulted in denial of information, medical care, missed mealtimes, and access to grievance and other programs. And there were not always enough Aides available to help all in need of assistance at a given time.

Plaintiffs further alleged that lack of screen reading software, or training on how to use it, has limited their computer access to legal or other documents. Moreover, certain educational and vocational programming was not available in an accessible way, resulting in exclusion from the programs and reduced salaries. In addition, plaintiffs were unable to read the clocks that most sighted persons used to tell time, but were only able to access talking watches if they paid for them themselves.

Plaintiffs sought declaratory relief, and injunction against CDOC to cease violating the rights of blind persons in its custody, to cease refusing to reasonably modify its policies, procedures and practices and to provide auxiliary aids and services, to cease refusing to ensure equal participation in and benefit from education and work programs, to prohibit housing blind persons in a double cell or a cell without plumbing, and to cease denying blind persons the independent ability to read, write, conduct research, and access programs. They also sought compensatory damages and attorneys' fees. The case was assigned to U.S. District Judge Christine M. Arguello.

On August 24, 2021, plaintiffs filed a motion to consolidate the case with Montoya v. Colorado Department of Corrections, No. 20-cv-03345 (D. Colo.). That motion remains pending.

Summary Authors

Tessa Bialek (9/24/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59846831/parties/mackes-v-colorado-department-of-corrections/


Judge(s)

Arguello, Christine M. (Colorado)

Hegarty, Michael E. (Colorado)

Attorneys(s) for Plaintiff

Hill, Eve Lynne (Maryland)

Lafferty, Martha M. (Tennessee)

Robertson, Amy Farr (Colorado)

Attorneys(s) for Defendant

Bauer, Scott Robert (Colorado)

Spalding, Kathleen L. (Colorado)

Judge(s)

Arguello, Christine M. (Colorado)

Hegarty, Michael E. (Colorado)

Attorneys(s) for Plaintiff

Hill, Eve Lynne (Maryland)

Lafferty, Martha M. (Tennessee)

Robertson, Amy Farr (Colorado)

Attorneys(s) for Defendant

Bauer, Scott Robert (Colorado)

Spalding, Kathleen L. (Colorado)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 17, 2021 Docket
1

Complaint

April 21, 2021 Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59846831/mackes-v-colorado-department-of-corrections/

Last updated May 13, 2022

ECF Number Description Date Link
1

COMPLAINT against Colorado Department of Corrections ("CDOC") (Filing fee $ 402,Receipt Number 1082-7828257)Attorney Amy Farr Robertson added to party Adrian Chavez(pty:pla), Attorney Amy Farr Robertson added to party Brian C. Mackes(pty:pla), Attorney Amy Farr Robertson added to party National Federation of the Blind of Colorado, Inc.(pty:pla), filed by Brian C. Mackes, National Federation of the Blind of Colorado, Inc., Adrian Chavez. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Robertson, Amy) (Entered: 04/21/2021)

April 21, 2021 Clearinghouse
2

Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (alave, ) (Entered: 04/21/2021)

April 21, 2021 PACER
3

Administrative Notice: Duplicate filing fee received. Financial notified and a refund is pending. (Text Only Entry) (cpomm, ) (Entered: 04/22/2021)

April 22, 2021 PACER
4

ORDER DRAWING CASE by Magistrate Judge Gordon P. Gallagher on 4/22/2021. This case is randomly reassigned to Judge Christine M. Arguello and drawn to Magistrate Judge Michael E. Hegarty for all further proceedings. All future pleadings should be designated as 21-cv-01100-CMA-MEH . (sphil, ) (Entered: 04/22/2021)

April 22, 2021 PACER
5

NOTICE of Entry of Appearance by Eve L. Hill on behalf of All Plaintiffs Attorney Eve L. Hill added to party Adrian Chavez(pty:pla), Attorney Eve L. Hill added to party Brian Christopher Mackes(pty:pla), Attorney Eve L. Hill added to party National Federation of the Blind of Colorado, The(pty:pla) (Hill, Eve) (Entered: 04/23/2021)

April 23, 2021 PACER
6

NOTICE of Entry of Appearance by Scott Robert Bauer on behalf of Colorado Department of CorrectionsAttorney Scott Robert Bauer added to party Colorado Department of Corrections(pty:dft) (Bauer, Scott) (Entered: 04/28/2021)

April 28, 2021 PACER
7

WAIVER OF SERVICE Returned Executed by Colorado Department of Corrections. Colorado Department of Corrections waiver sent on 4/26/2021, answer due 6/25/2021. (Bauer, Scott) (Entered: 04/28/2021)

April 28, 2021 PACER
8

NOTICE of Entry of Appearance by Martha M. Lafferty on behalf of Adrian Chavez, Brian Christopher Mackes, National Federation of the Blind of Colorado, TheAttorney Martha M. Lafferty added to party Adrian Chavez(pty:pla), Attorney Martha M. Lafferty added to party Brian Christopher Mackes(pty:pla), Attorney Martha M. Lafferty added to party National Federation of the Blind of Colorado, The(pty:pla) (Lafferty, Martha) (Entered: 05/05/2021)

May 5, 2021 PACER
9

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Complaint by Defendant Colorado Department of Corrections. (Spalding, Kathleen) (Entered: 06/23/2021)

June 23, 2021 PACER
10

ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. Magistrate Judge Hegarty 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 6/24/2021. Text Only Entry (cmasec) (Entered: 06/24/2021)

June 24, 2021 PACER
11

MEMORANDUM regarding 9 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Complaint filed by Colorado Department of Corrections. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 6/24/2021. Text Only Entry (cmasec) (Entered: 06/24/2021)

June 24, 2021 PACER
12

ORDER granting 9 Unopposed Motion for Extension of Time to Answer or Otherwise Respond. For good cause shown, Defendant Colorado Department of Corrections shall file its answer or other response on or before 7/2/2021. by Magistrate Judge Michael E. Hegarty on 06/24/2021. Text Only Entry(mehlc1, ) (Entered: 06/24/2021)

June 24, 2021 PACER

Order Referring Case to Magistrate Judge

June 24, 2021 PACER

Memorandum

June 24, 2021 PACER

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

June 24, 2021 PACER
13

Minute ORDER by Magistrate Judge Michael E. Hegarty on 28 June 2021. Proposed Scheduling Order due 8/9/2021. Scheduling Conference set for 8/16/2021 10:30 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. Litigants and counsel whose offices are located outside the Denver metropolitan area or who cannot reasonably make a personal appearance may appear remotely. Contact Chambers at (303) 844-4507 two business days beforehand if there is need to request a remote appearance. (cmadr, ) (Entered: 06/28/2021)

June 28, 2021 PACER
14

ANSWER to 1 Complaint, by Colorado Department of Corrections.(Spalding, Kathleen) (Entered: 07/02/2021)

July 2, 2021 PACER
15

MOTION for Order to Join and Appointment of Counsel by Movant Jill Coit. (evana, ) (Entered: 07/23/2021)

July 23, 2021 PACER
16

MEMORANDUM regarding 15 MOTION for Order to filed by Jill Coit. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 7/27/2021. Text Only Entry (cmasec) (Entered: 07/27/2021)

July 27, 2021 PACER

Memorandum

July 27, 2021 PACER
17

RESPONSE to 15 MOTION for Order to Join and Appointment of Counsel filed by Plaintiffs Adrian Chavez, Brian Christopher Mackes, National Federation of the Blind of Colorado, The. (Robertson, Amy) (Entered: 08/06/2021)

Aug. 6, 2021 PACER
18

Proposed Scheduling Order by Plaintiffs Adrian Chavez, Brian Christopher Mackes, National Federation of the Blind of Colorado, The. (Robertson, Amy) (Entered: 08/06/2021)

Aug. 6, 2021 PACER
19

COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 8/16/2021. FTR: A501. (cthom, ) (Entered: 08/16/2021)

Aug. 16, 2021 PACER
20

OBJECTIONS to 17 Response to Motion to join by Movant Jill Coit. (evana, ) (Entered: 08/16/2021)

Aug. 16, 2021 PACER
21

SCHEDULING ORDER by Magistrate Judge Michael E. Hegarty on 8/16/2021. (cthom, ) (Entered: 08/17/2021)

Aug. 16, 2021 PACER
22

ORDER by Magistrate Judge Michael E. Hegarty on 20 August 2021. the Motion to Join 15 is denied. Because the Court declines to permit her to intervene in Plaintiffs' lawsuit, her request for appointment of counsel which she includes in that Motion is denied as moot.(cmadr, ) (Entered: 08/20/2021)

Aug. 20, 2021 RECAP
23

CERTIFICATE of Service by mail by Clerk of Court re 22 to Jill Coit #86530Denver Women's Correctional Facility P.O. Box 392005 Denver, CO 80239. Text Only Entry (cmadr, ) (Entered: 08/20/2021)

Aug. 20, 2021 PACER
24

NOTICE of Filing Motion to Consolidate by Plaintiffs Adrian Chavez, Brian Christopher Mackes, National Federation of the Blind of Colorado, The (Robertson, Amy) (Entered: 08/26/2021)

Aug. 26, 2021 RECAP
25

MOTION for Extension of Time to Respond to 22 Order by Movant Jill Coit. (evana, ) (Entered: 09/17/2021)

Sept. 16, 2021 PACER
26

MEMORANDUM regarding 25 MOTION for Extension of Time to filed by Jill Coit. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 9/17/2021. Text Only Entry (cmasec) (Entered: 09/17/2021)

Sept. 17, 2021 PACER

Memorandum

Sept. 17, 2021 PACER
26

MEMORANDUM regarding 25 MOTION for Extension of Time to filed by Jill Coit. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 9/17/2021. Text Only Entry (cmasec) (Entered: 09/17/2021)

Sept. 17, 2021 PACER

Memorandum

Sept. 17, 2021 PACER
27

NOTICE of Filing Amended Pleading Amended Complaint by Plaintiffs Adrian Chavez, Brian Christopher Mackes, National Federation of the Blind of Colorado, The (Robertson, Amy) (Entered: 09/20/2021)

Sept. 20, 2021 PACER
28

AMENDED COMPLAINT against Colorado Department of Corrections, Dean Williams, filed by Brian Christopher Mackes, National Federation of the Blind of Colorado, The, Adrian Chavez.(Robertson, Amy) (Entered: 09/20/2021)

Sept. 20, 2021 PACER
29

ORDER by Magistrate Judge Michael E. Hegarty on 21 September 2021. For good cause shown, Jill Coit's Motion for Extension of Time 25 is granted. Whatever form her response takes or what procedural rule she bases it on, she has until October 20, 2021 to file it with the Clerk of Court.(cmadr, ) (Entered: 09/21/2021)

Sept. 21, 2021 PACER
30

CERTIFICATE of Service by mail by Clerk of Court re 29, to Jill Coit DOC# 86530 Denver Women's Correctional Facility PO Box 392005 Denver, CO 80239. Text Only Entry. (cmadr, ) (Entered: 09/21/2021)

Sept. 21, 2021 PACER
31

Joint MOTION for Protective Order by Defendant Colorado Department of Corrections. (Attachments: # 1 Proposed Order (PDF Only) Stipulated Protective Order)(Spalding, Kathleen) (Entered: 09/21/2021)

Sept. 21, 2021 PACER
32

MEMORANDUM regarding 31 Joint MOTION for Protective Order filed by Colorado Department of Corrections. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 9/21/2021. Text Only Entry (cmasec) (Entered: 09/21/2021)

Sept. 21, 2021 PACER
33

ORDER granting 31 Joint Motion for Stipulated Protective Order for good cause shown. For entry into the record, the parties shall email their proposed order in editable Word format to hegarty_chambers@cod.uscourts.gov. by Magistrate Judge Michael E. Hegarty on 09/21/2021. Text Only Entry(mehlc1, ) (Entered: 09/21/2021)

Sept. 21, 2021 PACER
34

WAIVER OF SERVICE Returned Executed by Brian Christopher Mackes, National Federation of the Blind of Colorado, The, Adrian Chavez. Dean Williams waiver sent on 9/21/2021, answer due 11/20/2021. (Robertson, Amy) (Entered: 09/21/2021)

Sept. 21, 2021 PACER

Memorandum

Sept. 21, 2021 PACER

Order on Motion for Protective Order

Sept. 21, 2021 PACER
35

STIPULATED PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 22 September 2021. (cmadr, ) (Entered: 09/22/2021)

Sept. 22, 2021 PACER
36

NOTICE of Change of Address/Contact Information by Amy Farr Robertson (Robertson, Amy) (Entered: 09/28/2021)

Sept. 28, 2021 PACER
37

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Amended Complaint by Defendant Colorado Department of Corrections. (Bauer, Scott) (Entered: 10/01/2021)

Oct. 1, 2021 PACER
38

SUPPLEMENT/AMENDMENT to 37 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Amended Complaint Proposed Order by Defendant Colorado Department of Corrections. (Bauer, Scott) (Entered: 10/02/2021)

Oct. 2, 2021 PACER
39

MEMORANDUM regarding 37 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Amended Complaint filed by Colorado Department of Corrections. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 10/3/2021. Text Only Entry (cmasec) (Entered: 10/03/2021)

Oct. 3, 2021 PACER

Memorandum

Oct. 3, 2021 PACER
40

Minute ORDER by Magistrate Judge Michael E. Hegarty on 4 October 2021. For good cause shown, Defendant's Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs' Amended Complaint 37 is granted. Defendant shall file its answer or other response to the operative pleading on or before October 15, 2021.(cmadr, ) (Entered: 10/04/2021)

Oct. 4, 2021 PACER
41

ANSWER to 28 Amended Complaint Attorney Kathleen L. Spalding added to party Dean Williams(pty:dft) by Colorado Department of Corrections, Dean Williams.(Spalding, Kathleen) (Entered: 10/15/2021)

Oct. 15, 2021 PACER
42

MOTION for Appointment of Counsel by Movant Jill Coit. (athom, ) (Entered: 10/18/2021)

Oct. 18, 2021 PACER
43

MEMORANDUM regarding 42 MOTION to Appoint Counsel filed by Jill Coit. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 10/20/2021. Text Only Entry (cmasec) (Entered: 10/20/2021)

Oct. 20, 2021 PACER
44

STIPULATION for Extension of Time For Defendants to Respond to Plaintiff's Second Set of Discovery by Defendant Colorado Department of Corrections. (Bauer, Scott) (Entered: 10/20/2021)

Oct. 20, 2021 PACER

Memorandum

Oct. 20, 2021 PACER
45

Joint MOTION to Amend/Correct/Modify JOINT MOTION TO AMEND PROTECTIVE ORDER by Defendant Colorado Department of Corrections. (Attachments: # 1 Exhibit A - Stipulated Amended Protective Order, # 2 Exhibit B - Stipulated Amended Protective Order (Redlined Version))(Bauer, Scott) (Entered: 10/25/2021)

Oct. 25, 2021 PACER
46

MEMORANDUM regarding 45 Joint MOTION to Amend/Correct/Modify JOINT MOTION TO AMEND PROTECTIVE ORDER filed by Colorado Department of Corrections. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 10/26/2021. Text Only Entry (cmasec) (Entered: 10/26/2021)

Oct. 26, 2021 PACER
47

ORDER granting 45 Joint Motion to Amend Protective Order for good cause shown. For entry into the record, the parties shall email their proposed amended protective order in editable Word format to hegarty_chambers@cod.uscourts.gov. by Magistrate Judge Michael E. Hegarty on 10/26/2021. Text Only Entry(mehlc1, ) (Entered: 10/26/2021)

Oct. 26, 2021 PACER

Memorandum

Oct. 26, 2021 PACER

Order on Motion to Amend/Correct/Modify

Oct. 26, 2021 PACER
48

Minute ORDER by Magistrate Judge Michael E. Hegarty on 27 October 2021. Before the Court is the Motion for Appointment of Counsel filed by Jill Coit. She renews her earlier request for court-appointed counsel to assist her with her effort to intervene in this lawsuit. The Court denied her request to intervene, and because she is not a party to this case, the Court also denied as moot her first request for appointment of counsel. ECF 22 . Although the Court thereafter gave her time to respond to it (ECF 29 ), the denial order remains in place, and she is not a litigant in this lawsuit. Therefore, Jill Coit's Motion for Appointment of Counsel 42 is denied as moot.(cmadr, ) (Entered: 10/27/2021)

Oct. 27, 2021 PACER
50

MOTION for Order to Inquire if the Court Received Legal Documents by Movant Jill Coit. (evana, ) (Entered: 11/01/2021)

Oct. 29, 2021 PACER
49

STIPULATED AMENDED PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 10/30/2021. (mehlc1, ) (Entered: 10/30/2021)

Oct. 30, 2021 PACER
51

MEMORANDUM regarding 50 MOTION for Order to filed by Jill Coit. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 11/1/2021. Text Only Entry (cmasec) (Entered: 11/01/2021)

Nov. 1, 2021 PACER

Memorandum

Nov. 1, 2021 PACER
53

MOTION for Order to be included by Interested Party Philip Cowand. (evana, ) (Entered: 11/15/2021)

Nov. 12, 2021 PACER
52

Minute ORDER by Magistrate Judge Michael E. Hegarty on 15 November 2021. Jill Coit's Motion to Inquire if Court Received Legal Documents 50 is granted. Attached to this Minute Order for her review is the docket sheet that lists the filings in this lawsuit to-date. It shows that the Court did receive her Motion for Appointment of Counsel (docketed at ECF 42 ) but apparently not the above-described "response" to order/motion for reconsideration. Implicit in her current Motion to Inquire is her unsuccessful prior attempt to file herresponse to order/motion for reconsideration. Because it appears that she did attempt to file it but the Court did not receive it, the Court sua sponte extends the deadline that ECF 29 created. Ms. Coit now has until December 3, 2021 to file it.(cmadr, ) (Entered: 11/15/2021)

Nov. 15, 2021 PACER
54

MEMORANDUM regarding 53 MOTION for Order to filed by Philip Cowand. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 11/16/2021. Text Only Entry (cmasec) (Entered: 11/16/2021)

Nov. 16, 2021 PACER

Memorandum

Nov. 16, 2021 PACER
55

RESPONSE to 53 MOTION for Order to Join filed by Plaintiffs Adrian Chavez, Brian Christopher Mackes, National Federation of the Blind of Colorado, The. (Robertson, Amy) (Entered: 11/23/2021)

Nov. 23, 2021 PACER
56

Joint MOTION to Amend/Correct/Modify 21 Scheduling Order by Plaintiffs Adrian Chavez, Brian Christopher Mackes, National Federation of the Blind of Colorado, The. (Attachments: # 1 Proposed Order (PDF Only))(Robertson, Amy) (Entered: 12/03/2021)

Dec. 3, 2021 PACER
57

MEMORANDUM regarding 56 Joint MOTION to Amend/Correct/Modify 21 Scheduling Order filed by National Federation of the Blind of Colorado, The, Adrian Chavez, Brian Christopher Mackes. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 12/6/2021. Text Only Entry (cmasec) (Entered: 12/06/2021)

Dec. 6, 2021 PACER

Memorandum

Dec. 6, 2021 PACER
58

Minute ORDER by Magistrate Judge Michael E. Hegarty on 7 December 2021. For good cause shown, the parties' Joint Motion to Amend Scheduling Order 56 is granted. Section 9 of the Scheduling Order is modified as follows: Discovery due by 6/10/2022. Dispositive Motions due by 7/27/2022. Proposed Pretrial Order due by 10/4/2022. Additionally, the Final Pretrial Conference currently set for August 17, 2022 is rescheduled to October 11, 2022 at 10:15 a.m. in Courtroom A501 on the fifth floor of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado.(cmadr, ) (Entered: 12/07/2021)

Dec. 7, 2021 PACER
59

RESPONSE to 52 Order on Motion for Order, by Movant Jill Coit. (evana, ) (Entered: 12/09/2021)

Dec. 8, 2021 PACER
60

ORDER by Magistrate Judge Michael E. Hegarty on 15 December 2021. Accordingly, the Response to the Order at ECF 52 which the Court construes as her Motion for Reconsideration 59 is denied. After docketing this Order and mailing her a copy, the Clerk of Court shall remove Jill Coit as a Movant party from the case caption. (cmadr, ) (Entered: 12/15/2021)

Dec. 15, 2021 PACER
61

ORDER denying 53 Motion for Order by Magistrate Judge Michael E. Hegarty on 15 December 2021. Because the Court declines to permit her to intervene in this civil action, the Clerk of Court shall remove Ms. Cowand from the case caption.(cmadr, ) (Entered: 12/15/2021)

Dec. 15, 2021 PACER
62

Unopposed MOTION to Withdraw as Attorney Scott Bauer by Defendant Colorado Department of Corrections. (Spalding, Kathleen) (Entered: 12/20/2021)

Dec. 20, 2021 PACER
63

ORDER granting 62 Motion to Withdraw as Attorney. Attorney Scott Bauer is permitted to withdraw as counsel for Defendant Colorado Department of Corrections. The Court notes that Defendant continues to be represented by Ms. Spalding. FURTHER ORDERED that the Clerk of the Court is DIRECTED to delete Mr. Bauer's email address from future ECF filings and electronic notifications in this case. SO ORDERED by Judge Christine M. Arguello on 12/29/2021. Text Only Entry(cmasec) (Entered: 12/29/2021)

Dec. 29, 2021 PACER

Order on Motion to Withdraw as Attorney

Dec. 30, 2021 PACER
64

Joint MOTION to Amend/Correct/Modify Scheduling Order by Defendant Colorado Department of Corrections. (Spalding, Kathleen) (Entered: 01/20/2022)

Jan. 20, 2022 PACER
65

MEMORANDUM regarding 64 Joint MOTION to Amend/Correct/Modify Scheduling Order filed by Colorado Department of Corrections. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 1/21/2022. Text Only Entry (cmasec) (Entered: 01/21/2022)

Jan. 21, 2022 PACER
66

Minute ORDER by Magistrate Judge Michael E. Hegarty on 21 January 2022. For good cause shown, the parties' Joint Motion to Amend Scheduling Order 64 is granted. The Court modifies Section 9 of the Scheduling Order as follows: Discovery due by 8/9/2022. Dispositive Motions due by 9/26/2022. Additionally, in the interest of judicial efficiency, the Final Pretrial Conference set for October 11, 2022 is vacated and rescheduled for November 28, 2022 at 10:15 a.m. in Courtroom A501 on the fifth floor of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado.(cmadr, ) (Entered: 01/21/2022)

Jan. 21, 2022 PACER

Memorandum

Jan. 21, 2022 PACER
67

NOTICE of Change of Address/Contact Information by Amy Farr Robertson (Robertson, Amy) (Entered: 01/24/2022)

Jan. 24, 2022 PACER
68

Amend/Correct/Modify

May 10, 2022 PACER

Memorandum

May 10, 2022 PACER
70

Order on Motion to Amend/Correct/Modify

May 11, 2022 PACER

State / Territory: Colorado

Case Type(s):

Prison Conditions

Disability Rights/Public Accommodations

Special Collection(s):

Deaf or Blind in Jail/Prison

Key Dates

Filing Date: April 21, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two blind men incarcerated in the custody of the Colorado Department of Corrections and The National Federation of the Blind of Colorado, in its representative capacity on behalf of the two other plaintiffs and other members who are, or may be, incarcerated in the custody of CDOC.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Education and Enforcement Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Colorado Department of Corrections, State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Unknown

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Bathing and hygiene

Conditions of confinement

Confidentiality

Effective Communication (ADA)

Law library access

Mail

Phone

Reasonable Accommodations

Reasonable Modifications

Screen readers and similar accessibility devices

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Visual impairment

Type of Facility:

Government-run