Civil Rights Litigation Clearinghouse

Case: Arroyo et al. v. Eischen et al.

1:21-cv-01687 | U.S. District Court for the District of Colorado

Filed Date: June 18, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 8, 2021, several employees of the United States Bureau of Prisons (“BOP”) Business Office filed suit in the U.S. District Court of Colorado against fellow BOP employees who are members Special Operations Response Team (“SORT”) for violation of their Fourth Amendment rights, intentional infliction of emotional eustress (“IIED”), and Civil Conspiracy. The case is assigned to Magistrate Judge Kathleen M. Tafoya. The plaintiffs allege that on June 20 2019, the defendants conducted a mock ho…

On the morning of the alleged incident, the plaintiffs reported to work as usual. After hearing a “man-down” alarm at some point in the morning, the plaintiffs realized there was an ongoing mock hostage exercise. Accordingly, they complied with all BOP policies and procedures. Ultimately, that included confining themselves into a small office and not allowing anyone else to enter until they received official word that the exercise had concluded. While confined in the small office, the defendants consistently tried to make plaintiffs open the door without giving them any official indication that the exercise was over. Plaintiffs accordingly assumed that the defendants were trying to trick them into opening the door as part of the exercise. Subsequently and inexplicably, the plaintiffs violently escalated the situation. In their attempts to get the plaintiffs to open the door, they terrorized the plaintiffs, shot OC spray directly at some plaintiffs using a tool intended for crowd control, and shot into the room with plastic bullets. Eventually, the defendants abandoned their attack and ended the exercise. One plaintiff, who had gone into the exercise with an injured leg and crutches, needed medical attention. Another plaintiff who was pregnant at the time was rushed to the hospital in fear of a possible miscarriage. Several other plaintiffs sustained physical and mental injuries and received subsequent medical treatment. According to the Complaint, the defendants, to this day, have not provided any indication as to why they let the exercise escalate to that level that it did.

Following the alleged incident, the Office of the Inspector General (“OIG”) conducted an investigation. It ultimately concluded that “inappropriate and dangerous events transpired.” They further stated that it was a violation of BOP policy to use OC spray and fire plastic bullets at “physically vulnerable” staff members.

The case is currently pending.

show full summary

Summary Authors

Richard Cantoral (10/22/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60003883/parties/arroyo-v-eischen/

Judge(s)

Tafoya, Kathleen M. (Colorado)

Attorneys(s) for Plaintiff

Aro, Edwin P. (Colorado)

Custer, Kathleen K. (Colorado)

Proe, Kristen (Colorado)

Ryan, Rachel (Colorado)

Expert/Monitor/Master

Horowitz, Michael E (District of Columbia)

Judge(s)

Tafoya, Kathleen M. (Colorado)

Attorneys(s) for Plaintiff

Aro, Edwin P. (Colorado)

Custer, Kathleen K. (Colorado)

Proe, Kristen (Colorado)

Ryan, Rachel (Colorado)

Expert/Monitor/Master

Horowitz, Michael E (District of Columbia)

Attorney Contact Information via CourtListener

show all people

Documents in the Clearinghouse

	Document
	Docket [PACER] Arroyo v. Eischen	Sept. 28, 2021	Docket
	OIG Management Advisory Memorandum of Concerns Identified During Mock Exercises by Federal Bureau of Prisons Special Operation Response Teams Arroyo v. Eischen No Court	June 17, 2020	Monitor/Expert/Receiver Report
1	Complaint Arroyo v. Eischen	June 18, 2021	Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60003883/arroyo-v-eischen/

Last updated May 12, 2022

ECF Number	Description	Date	Link
1	COMPLAINT against Hall Alexander, Billy Eischen, Christopher Fernandez, Harris Michael, Joshua Moore, Derek Myers, Andrew Privett, Dustin Ross, Holcomb Timothy, Chad Weise (Filing fee $ 402,Receipt Number 1082-7921896)Attorney Edwin Packard Aro added to party Jose Arroyo(pty:pla), Attorney Edwin Packard Aro added to party Heather Boehm(pty:pla), Attorney Edwin Packard Aro added to party Samuel Cordo(pty:pla), Attorney Edwin Packard Aro added to party Amber Miller(pty:pla), filed by Samuel Cordo, Heather Boehm, Jose Arroyo, Amber Miller. (Attachments: # 1 Civil Cover Sheet)(Aro, Edwin) (Entered: 06/18/2021)	June 18, 2021	RECAP
2	Case assigned to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (jtorr, ) (Entered: 06/21/2021)	June 18, 2021	PACER
3	Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No summons issued. (jtorr, ) (Entered: 06/21/2021)	June 18, 2021	PACER
4	ORDER SETTING INITIAL CASE DEADLINES. Consent Form due by 8/18/2021. Proposed Scheduling Order due 8/18/2021. By Magistrate Judge Kathleen M. Tafoya on 6/22/2021. (evaug ) (Entered: 06/22/2021)	June 22, 2021	RECAP
5	NOTICE of Entry of Appearance by Edwin Packard Aro on behalf of All Plaintiffs (Aro, Edwin) (Entered: 07/28/2021)	July 28, 2021	PACER
6	SUMMONS REQUEST as to Billy Eischen, Christopher Fernandez, Alexander Hall, Michael Harris, Timothy Holcomb, Derek Myers, Joshua Moore, Andrew Privett, Dustin Ross, and Chad Weise by Plaintiffs Jose Arroyo, Heather Boehm, Samuel Cordo, Amber Miller. (Aro, Edwin) (Entered: 07/28/2021)	July 28, 2021	PACER
7	SUMMONS issued by Clerk. (Attachments: # 1 Magistrate Judge Consent Form) (agarc, ) (Entered: 08/02/2021)	Aug. 2, 2021	PACER
8	NOTICE of Entry of Appearance by Kathleen K. Custer on behalf of All Plaintiffs Attorney Kathleen K. Custer added to party Jose Arroyo(pty:pla), Attorney Kathleen K. Custer added to party Heather Boehm(pty:pla), Attorney Kathleen K. Custer added to party Samuel Cordo(pty:pla), Attorney Kathleen K. Custer added to party Amber Miller(pty:pla) (Custer, Kathleen) (Entered: 08/13/2021)	Aug. 13, 2021	PACER
9	NOTICE of Entry of Appearance by Rachel L. Ryan on behalf of All Plaintiffs Attorney Rachel L. Ryan added to party Jose Arroyo(pty:pla), Attorney Rachel L. Ryan added to party Heather Boehm(pty:pla), Attorney Rachel L. Ryan added to party Samuel Cordo(pty:pla), Attorney Rachel L. Ryan added to party Amber Miller(pty:pla) (Ryan, Rachel) (Entered: 08/13/2021)	Aug. 13, 2021	PACER
10	MOTION for Extension of Time to File Proposed Scheduling Order and Magistrate Consent Form by Plaintiffs Jose Arroyo, Heather Boehm, Samuel Cordo, Amber Miller. (Custer, Kathleen) (Entered: 08/13/2021)	Aug. 13, 2021	PACER
11	MINUTE ORDER granting 10 Motion for Extension of Time to File Proposed Scheduling Order and Magistrate Consent Form. The deadlines will be reset by separate order. By Magistrate Judge Kathleen M. Tafoya on 8/16/21. Text Only Entry(kmtlc1 ) (Entered: 08/16/2021)	Aug. 16, 2021	PACER
12	AMENDED ORDER SETTING INITIAL CASE DEADLINES. Consent Form due by 10/18/2021. Proposed Scheduling Order due 10/18/2021. By Magistrate Judge Kathleen M. Tafoya on 8/16/2021. (evaug) (Entered: 08/16/2021)	Aug. 16, 2021	PACER
	Order on Motion for Extension of Time to File	Aug. 16, 2021	PACER
13	SUMMONS REQUEST as to Attorney General of the United States by Plaintiffs Jose Arroyo, Heather Boehm, Samuel Cordo, Amber Miller. (Custer, Kathleen) (Entered: 08/17/2021)	Aug. 17, 2021	PACER
14	SUMMONS REQUEST as to U.S. Attorney for the District of Colorado by Plaintiffs Jose Arroyo, Heather Boehm, Samuel Cordo, Amber Miller. (Custer, Kathleen) (Entered: 08/17/2021)	Aug. 17, 2021	PACER
15	SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Magistrate Judge Consent Form) (alave, ) (Entered: 09/13/2021)	Sept. 13, 2021	PACER
16	WAIVER OF SERVICE Returned Executed by Samuel Cordo, Heather Boehm, Jose Arroyo, Amber Miller. Billy Eischen waiver sent on 7/29/2021, answer due 9/27/2021. (Custer, Kathleen) (Entered: 09/14/2021)	Sept. 14, 2021	PACER
17	WAIVER OF SERVICE Returned Executed by Samuel Cordo, Heather Boehm, Jose Arroyo, Amber Miller. Christopher Fernandez waiver sent on 7/29/2021, answer due 9/27/2021. (Custer, Kathleen) (Entered: 09/14/2021)	Sept. 14, 2021	PACER
18	WAIVER OF SERVICE Returned Executed by Samuel Cordo, Heather Boehm, Jose Arroyo, Amber Miller. Alexander Hall waiver sent on 7/29/2021, answer due 9/27/2021. (Custer, Kathleen) (Entered: 09/14/2021)	Sept. 14, 2021	PACER
19	WAIVER OF SERVICE Returned Executed by Samuel Cordo, Heather Boehm, Jose Arroyo, Amber Miller. Michael Harris waiver sent on 7/29/2021, answer due 9/27/2021. (Custer, Kathleen) (Entered: 09/14/2021)	Sept. 14, 2021	PACER
20	WAIVER OF SERVICE Returned Executed by Samuel Cordo, Heather Boehm, Jose Arroyo, Amber Miller. Timothy Holcomb waiver sent on 7/29/2021, answer due 9/27/2021. (Custer, Kathleen) (Entered: 09/14/2021)	Sept. 14, 2021	PACER
21	WAIVER OF SERVICE Returned Executed by Samuel Cordo, Heather Boehm, Jose Arroyo, Amber Miller. Joshua Moore waiver sent on 7/29/2021, answer due 9/27/2021. (Custer, Kathleen) (Entered: 09/14/2021)	Sept. 14, 2021	PACER
22	WAIVER OF SERVICE Returned Executed by Samuel Cordo, Heather Boehm, Jose Arroyo, Amber Miller. Derek Myers waiver sent on 7/29/2021, answer due 9/27/2021. (Custer, Kathleen) (Entered: 09/14/2021)	Sept. 14, 2021	PACER
23	WAIVER OF SERVICE Returned Executed by Samuel Cordo, Heather Boehm, Jose Arroyo, Amber Miller. Andrew Privett waiver sent on 7/29/2021, answer due 9/27/2021. (Custer, Kathleen) (Entered: 09/14/2021)	Sept. 14, 2021	PACER
24	WAIVER OF SERVICE Returned Executed by Samuel Cordo, Heather Boehm, Jose Arroyo, Amber Miller. Dustin Ross waiver sent on 7/29/2021, answer due 9/27/2021. (Custer, Kathleen) (Entered: 09/14/2021)	Sept. 14, 2021	PACER
25	WAIVER OF SERVICE Returned Executed by Samuel Cordo, Heather Boehm, Jose Arroyo, Amber Miller. Chad Weise waiver sent on 7/29/2021, answer due 9/27/2021. (Custer, Kathleen) (Entered: 09/14/2021)	Sept. 14, 2021	PACER
26	Unopposed MOTION for Extension of Time to Serve Summons and Complaint on the United States by Plaintiffs Jose Arroyo, Heather Boehm, Samuel Cordo, Amber Miller. (Attachments: # 1 Exhibit A - Certified Mail Receipt)(Custer, Kathleen) (Entered: 09/15/2021)	Sept. 15, 2021	PACER
27	MINUTE ORDER granting 26 MOTION for Extension of Time to Serve Summons and Complaint on the United States. The deadline to serve the United States is extended to September 30, 2021. By Magistrate Judge Kathleen M. Tafoya on 9/15/21. Text Only Entry(kmtlc1 ) (Entered: 09/15/2021)	Sept. 15, 2021	PACER
	Order on Motion for Extension of Time to File	Sept. 15, 2021	PACER
28	SUMMONS Returned Executed upon U.S. Attorney for the District of Colorado. Date of Service Upon U.S. Attorney for the District of Colorado 09/15/2021 defendant(s) All Defendants. (Attachments: # 1 Exhibit A - Proof of Service)(Custer, Kathleen) (Entered: 09/17/2021)	Sept. 17, 2021	PACER
29	SUMMONS Returned Executed upon U.S. Attorney General. Date of Service Upon U.S. Attorney General 09/20/2021 defendant(s) All Defendants. (Attachments: # 1 Exhibit Declaration Regarding Proof of Service, # 2 Exhibit A)(Custer, Kathleen) (Entered: 09/28/2021)	Sept. 28, 2021	PACER
31	Vacate	Oct. 15, 2021	PACER
	Order on Motion to Vacate	Oct. 15, 2021	PACER
33	Order	Oct. 15, 2021	PACER
34	Extension of Time to File Answer or Otherwise Respond	Nov. 12, 2021	PACER
	Order on Motion for Extension of Time to Answer or Otherwise Respond	Nov. 12, 2021	PACER
36	Order	Nov. 12, 2021	PACER
37	Extension of Time to File Answer or Otherwise Respond	Jan. 11, 2022	PACER
38	Order	Jan. 11, 2022	PACER
	Order on Motion for Extension of Time to Answer or Otherwise Respond	Jan. 11, 2022	PACER
41	Order	Jan. 11, 2022	PACER
	Order on Motion for Order	Jan. 11, 2022	PACER
43	Order	Jan. 11, 2022	PACER
44	Order	Jan. 11, 2022	PACER
45	Order	Jan. 11, 2022	PACER
50	Extension of Time	Jan. 12, 2022	PACER
51	Extension of Time to File Answer or Otherwise Respond	Jan. 12, 2022	PACER
	Order on Motion for Extension of Time to Answer or Otherwise Respond	Jan. 12, 2022	PACER
	Order on Motion for Extension of Time to File	Jan. 12, 2022	PACER
54	Order	Jan. 12, 2022	PACER
55	Order	Jan. 12, 2022	PACER
	Order on Motion for Order	Jan. 13, 2022	PACER
60	Dismiss	Jan. 14, 2022	PACER
65	Dismiss	Jan. 25, 2022	PACER
70	Dismiss	Jan. 28, 2022	PACER
75	Extension of Time to File Response/Reply	Feb. 2, 2022	PACER
76	Order	Feb. 2, 2022	PACER
77	Dismiss	Feb. 4, 2022	PACER
83	Dismiss	Feb. 9, 2022	PACER
86	Dismiss	Feb. 14, 2022	PACER
	Order Referring Case to Magistrate Judge	Feb. 14, 2022	PACER
	Minute Order	Feb. 14, 2022	PACER
92	Dismiss	Feb. 14, 2022	PACER
	Memorandum	Feb. 14, 2022	PACER
94	Extension of Time to File Answer or Otherwise Respond	Feb. 15, 2022	PACER
96	Extension of Time to File Answer or Otherwise Respond	Feb. 15, 2022	PACER
	Memorandum	Feb. 15, 2022	PACER
98	Order on Motion for Extension of Time to Answer or Otherwise Respond AND Order on Motion for Extension of Time to Answer or Otherwise Respond	Feb. 16, 2022	PACER
99	Extension of Time to File Response/Reply	Feb. 17, 2022	PACER
	Memorandum	Feb. 17, 2022	PACER
101	Order on Motion for Extension of Time to File Response/Reply	Feb. 18, 2022	PACER
102	Stay	Feb. 22, 2022	PACER
106	Stay	Feb. 23, 2022	PACER
	Memorandum	Feb. 23, 2022	PACER
110	Leave	March 1, 2022	PACER
	Memorandum	March 1, 2022	PACER
	Order on Motion for Leave	March 1, 2022	PACER
116	Order on Motion to Stay AND Order on Motion for Extension of Time to File Response/Reply	March 2, 2022	PACER
	Memorandum	March 4, 2022	PACER
119	Order on Motion to Stay AND Order on Motion to Stay AND Order on Motion for Extension of Time to File Response/Reply	March 8, 2022	PACER
120	Dismiss	March 8, 2022	PACER
121	Objection/Appeal of Magistrate Judge Decision to District Court	March 22, 2022	PACER
122	Leave	March 25, 2022	PACER
	Order on Motion for Leave	March 25, 2022	PACER
124	Order	April 4, 2022	PACER
125	~Util - Terminate Hearings AND Minute Order	April 4, 2022	PACER
127	Stay	April 5, 2022	PACER
	Memorandum	April 5, 2022	PACER
129	Appeal of Magistrate Judge Decision to District Court	April 7, 2022	PACER
	Memorandum	April 7, 2022	PACER
	Order on Motion to Stay	April 7, 2022	PACER
132	Protective Order	April 14, 2022	PACER
	Memorandum	April 15, 2022	PACER
134	Order on Motion for Protective Order	April 15, 2022	PACER
135	Protective Order	April 15, 2022	PACER
	Minute Order	April 26, 2022	PACER