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 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 hostage exercise that inexplicably escalated to a point where the defendants caused substantial physical and mental harm to the plaintiffs.

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.

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)

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

Resources

Title Description External URL

Parole News Blog links to Clearinghouse

Parole News

Link to Clearinghouse: "Profile of the Graziano v. Pataki federal case, produced by the Civil Rights Litigation Clearinghouse" Aug. 7, 2016 http://parolenews.blogspot.com/...

Docket

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

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

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)

1 Civil Cover Sheet

View on PACER

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

State / Territory: Colorado

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: June 18, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Employees of U.S. Bureau of Prisons

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Bureau of Prisons, Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

State law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

None yet

Issues

General:

Assault/abuse by staff

Excessive force

Failure to supervise

Failure to train

Pepper/OC spray