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 distress (“IIED”), and Civil Conspiracy. The case was assigned to Magistrate Judge Kathleen M. Tafoya. The plaintiffs alleged that on June 20, 2019, the defendants conducted a mock…

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 distress (“IIED”), and Civil Conspiracy. The case was assigned to Magistrate Judge Kathleen M. Tafoya. The plaintiffs alleged 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 defendants 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.

On January 14, 2022, the United States, as an interested party, filed a motion to dismiss the intentional infliction of emotional distress and civil conspiracy claims due to the plaintiffs’ failure to exhaust administrative remedies. The US argued that it was the only proper defendant for those tort claims because it had certified that the individual defendants had acted within the scope of their employment, making them immune under the Westfall Act. Over the next few months, each of the other defendants moved to dismiss as well. 

The case was reassigned to magistrate Magistrate Judge N. Reid Neureiter on February 1, 2022 because Magistrate Judge Tafoya retired. Soon after, the case was reassigned to District Judge Raymond P. Moore.

Three months later, on May 19, the plaintiffs voluntarily dismissed three of the individual defendants, and the following month the plaintiffs dismissed the tort claims against another defendant.

On June 21, 2022, the plaintiffs moved for summary judgment on the issue of Westfall certification. The following month, on July 7, the case was reassigned to Magistrate Judge Maritza Dominguez Braswell. A couple months later, on August 1, the case was also reassigned to District Judge Charlotte N. Sweeney, who had been recently appointed. 

Later that year, on August 26, the court rejected the defendants’ Westfall certification after a hearing and granted the plaintiffs’ motion for summary judgment on that issue. Therefore, it removed the US as a defendant and let the tort claims proceed against the individual defendants.

On September 23, 2022, the defendants each filed notices of appeals in the Tenth Circuit Court of Appeals. The USCA case numbers were: 22-1307, 22-1310, 22-1309. 

On January 30 of the following year, the court stayed the case while it waited for the Tenth Circuit to address Westfall certification. 2023 WL 1338670. Two months later, on March 31, the district court denied all the pending motions to dismiss, but noted that the defendants could refile after the Tenth Circuit decision. The following month, one of the defendants appealed this denial of the motions to dismiss to the Tenth Circuit as well. The USCA case number is 23-1137.

As of December 23, 2023, the appeals are still pending. 

Summary Authors

Richard Cantoral (10/22/2021)

Venesa Haska (11/19/2023)

People

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


Judge(s)
Attorney for Plaintiff

Aro, Edwin P. (Colorado)

Custer, Kathleen K. (Colorado)

Attorney for Defendant

Abramson, Jonathan Marshall (Colorado)

Berndt, Amanda A. (Colorado)

Carafelli, Andrew James (Colorado)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

1:21-cv-01687

Docket [PACER]

Arroyo v. Eischen

Sept. 28, 2021

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

June 17, 2020

Monitor/Expert/Receiver Report
1

1:21-cv-01687

Complaint

Arroyo v. Eischen

June 18, 2021

June 18, 2021

Complaint

1:21-cv-01687

Order

Arroyo v. Hall

Jan. 30, 2023

Jan. 30, 2023

Order/Opinion

Docket

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

Last updated Dec. 23, 2023, 1:55 p.m.

ECF Number Description Date Link 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

June 18, 2021

Clearinghouse
2

Case assigned to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (jtorr, ) (Entered: 06/21/2021)

June 18, 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

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

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

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

July 28, 2021

PACER
7

SUMMONS issued by Clerk. (Attachments: # 1 Magistrate Judge Consent Form) (agarc, ) (Entered: 08/02/2021)

Aug. 2, 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

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

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

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

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

Aug. 16, 2021

PACER

Order on Motion for Extension of Time to File

Aug. 16, 2021

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sept. 15, 2021

PACER

Order on Motion for Extension of Time to File

Sept. 15, 2021

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

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

Sept. 28, 2021

PACER
30

NOTICE of Entry of Appearance by Amanda A. Berndt on behalf of United States of AmericaAttorney Amanda A. Berndt added to party United States of America(pty:ip) (Berndt, Amanda) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

PACER
31

Unopposed MOTION to Vacate Deadline for Submission of Proposed Scheduling Order by Interested Party United States of America. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Berndt, Amanda) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

PACER
32

MINUTE ORDER granting 31 Motion to Vacate Deadline for Submission of Proposed Scheduling Order. The deadline will be reset by separate order. By Magistrate Judge Kathleen M. Tafoya on 10/15/21. Text Only Entry(kmtlc1 ) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

PACER
33

ORDER Consent Form due by 11/29/2021. Proposed Scheduling Order due 11/29/2021. By Magistrate Judge Kathleen M. Tafoya on 10/15/2021. (evaug) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

PACER

Order on Motion to Vacate

Oct. 15, 2021

Oct. 15, 2021

PACER
34

First MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint,, by Interested Party United States of America. (Berndt, Amanda) (Entered: 11/11/2021)

Nov. 11, 2021

Nov. 11, 2021

PACER
35

MINUTE ORDER granting 34 MOTION for Extension of Time for Defendants to Answer or Otherwise Plead. Defendants shall answer or otherwise respond to the Complaint no later than 1/14/2022. By Magistrate Judge Kathleen M. Tafoya on 11/12/21. Text Only Entry(kmtlc1 ) (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

PACER
36

THIRD AMENDED ORDER SETTING INITIAL CASE DEADLINES. Consent Form due by 1/24/2022. Proposed Scheduling Order due 1/24/2022. By Magistrate Judge Kathleen M. Tafoya on 11/12/2021. (evaug ) (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

PACER

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

Nov. 12, 2021

Nov. 12, 2021

PACER
41

MOTION for Extension of Time for Defendant D. Ross to Answer or Otherwise Plead by Defendant Dustin Ross. (csarr, ) (Entered: 01/11/2022)

Jan. 10, 2022

Jan. 10, 2022

PACER
43

MOTION for Extension of Time for Defendant T. Holcomb to Answer or Otherwise Plead by Defendant Timothy Holcomb. (csarr, ) (Entered: 01/11/2022)

Jan. 10, 2022

Jan. 10, 2022

PACER
44

MOTION for Extension of Time for Defendant J. Moore to Answer or Otherwise Plead by Defendant Joshua Moore. (csarr, ) (Entered: 01/11/2022)

Jan. 10, 2022

Jan. 10, 2022

PACER
45

MOTION for Extension of Time for Defendant C. Weise to Answer or Otherwise Plead by Defendant Chad Weise. (csarr, ) (Entered: 01/11/2022)

Jan. 10, 2022

Jan. 10, 2022

PACER
37

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint by Defendant Billy Eischen. (Ringel, Andrew) (Entered: 01/11/2022)

Jan. 11, 2022

Jan. 11, 2022

PACER
38

MOTION for Extension of Time for Defendant A. Hall to Answer or Otherwise Plead by Defendant Alexander Hall. (csarr, ) (Entered: 01/11/2022)

Jan. 11, 2022

Jan. 11, 2022

PACER
39

MINUTE ORDER granting 37 MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint. Defendant Billy Eischen answer due 1/28/2022. By Magistrate Judge Kathleen M. Tafoya on 1/11/22. Text Only Entry(kmtlc1 ) (Entered: 01/11/2022)

Jan. 11, 2022

Jan. 11, 2022

PACER
40

MINUTE ORDER granting 38 Motion for Extension of Time for Defendant A. Hall to Answer or Otherwise Respond. Defendant Hall shall answer or otherwise respond to the Complaint on or before February 14, 2022. By Magistrate Judge Kathleen M. Tafoya on 1/11/22. Text Only Entry(kmtlc1 ) Modified to correct entry on 1/11/2022 (csarr, ). (Entered: 01/11/2022)

Jan. 11, 2022

Jan. 11, 2022

PACER
42

MINUTE ORDER granting 41 Motion for Extension of Time for Defendant D. Ross to Answer or Otherwise Respond. Defendant D. Ross shall answer or otherwise respond to the Complaint on or before February 14, 2022. By Magistrate Judge Kathleen M. Tafoya on 1/11/22. Text Only Entry(kmtlc1 ) (Entered: 01/11/2022)

Jan. 11, 2022

Jan. 11, 2022

PACER
46

MINUTE ORDER granting 43 Motion for Extension of Time for Defendant T. Holcomb to Answer or Otherwise Respond. Defendant T. Holcomb shall answer or otherwise respond to the Complaint on or before February 14, 2022. By Magistrate Judge Kathleen M. Tafoya on 1/11/22. Text Only Entry(kmtlc1 ) (Entered: 01/11/2022)

Jan. 11, 2022

Jan. 11, 2022

PACER
47

MINUTE ORDER granting 44 Motion for Extension of Time for Defendant J. Moore to Answer or Otherwise Respond. Defendant J. Moore shall answer or otherwise respond to the Complaint on or before February 14, 2022. By Magistrate Judge Kathleen M. Tafoya on 1/11/22. Text Only Entry(kmtlc1 ) (Entered: 01/11/2022)

Jan. 11, 2022

Jan. 11, 2022

PACER
48

MINUTE ORDER granting 45 Motion for Extension of Time for Defendant C. Weise to Answer or Otherwise Respond. Defendant C. Weise shall answer or otherwise respond to the Complaint on or before February 14, 2022. By Magistrate Judge Kathleen M. Tafoya on 1/11/22. Text Only Entry(kmtlc1 ) (Entered: 01/11/2022)

Jan. 11, 2022

Jan. 11, 2022

PACER
49

NOTICE of Entry of Appearance by Andrew James Carafelli on behalf of Derek MyersAttorney Andrew James Carafelli added to party Derek Myers(pty:dft) (Carafelli, Andrew) (Entered: 01/11/2022)

Jan. 11, 2022

Jan. 11, 2022

PACER
54

FOURTH AMENDED ORDER SETTING INITIAL CASE DEADLINES. Consent Form due by 2/22/2022. Proposed Scheduling Order due 2/22/2022. Entered by Magistrate Judge Kathleen M. Tafoya on 1/11/2022. (evaug ) (Entered: 01/12/2022)

Jan. 11, 2022

Jan. 11, 2022

PACER

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

Jan. 11, 2022

Jan. 11, 2022

PACER

Order on Motion for Order

Jan. 11, 2022

Jan. 11, 2022

PACER
50

Unopposed MOTION for Extension of Time to secure representation by Defendant Michael James Harris. (Harris, Michael ) (Entered: 01/12/2022)

Jan. 12, 2022

Jan. 12, 2022

PACER
51

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint,, by Defendant Christopher Fernandez. (Oxley, J.) (Entered: 01/12/2022)

Jan. 12, 2022

Jan. 12, 2022

PACER
52

MINUTE ORDER granting 51 MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint. Christopher Fernandez answer due 2/14/2022; Derek Myers answer due 2/14/2022. By Magistrate Judge Kathleen M. Tafoya on 1/12/22. Text Only Entry(kmtlc1 ) (Entered: 01/12/2022)

Jan. 12, 2022

Jan. 12, 2022

PACER
53

MINUTE ORDER granting 50 Motion for Extension of Time. Defendant Michael Harris shall answer or otherwise respond to the Complaint on or before February 14, 2022. By Magistrate Judge Kathleen M. Tafoya on 1/12/22. Text Only Entry(kmtlc1 ) (Entered: 01/12/2022)

Jan. 12, 2022

Jan. 12, 2022

PACER
55

MOTION for Extension of Time for Defendant A. Privett to Answer or Otherwise Plead by Defendant Andrew Privett. (csarr, ) Modified to correct title on 1/13/2022 (csarr, ). (Entered: 01/12/2022)

Jan. 12, 2022

Jan. 12, 2022

PACER

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

Jan. 12, 2022

Jan. 12, 2022

PACER

Order on Motion for Extension of Time to File

Jan. 12, 2022

Jan. 12, 2022

PACER
56

MINUTE ORDER granting 55 Motion for Extension of Time to Answer or Otherwise Plead. Defendant A. Privett shall answer or otherwise respond to the Complaint no later than February 14, 2022. By Magistrate Judge Kathleen M. Tafoya on 1/13/22. Text Only Entry(kmtlc1 ) (Entered: 01/13/2022)

Jan. 13, 2022

Jan. 13, 2022

PACER

Order on Motion for Order

Jan. 13, 2022

Jan. 13, 2022

PACER
57

NOTICE of Entry of Appearance by Gordon Lamar Vaughan on behalf of Michael James HarrisAttorney Gordon Lamar Vaughan added to party Michael James Harris(pty:dft) (Vaughan, Gordon) (Entered: 01/14/2022)

Jan. 14, 2022

Jan. 14, 2022

PACER
58

NOTICE of Entry of Appearance by Ann Baumgartner Smith on behalf of Michael James HarrisAttorney Ann Baumgartner Smith added to party Michael James Harris(pty:dft) (Smith, Ann) (Entered: 01/14/2022)

Jan. 14, 2022

Jan. 14, 2022

PACER
59

STRICKEN NOTICE of Substitution of United States as Defendant for Counts II and III by Interested Party United States of America (Attachments: # 1 Exhibit A - Certification of Scope of Employment)(Berndt, Amanda) Modified on 8/26/2022 to strike document pursuant to the Courtroom Minutes entered 8/26/2022 (jdyne). (Entered: 01/14/2022)

Jan. 14, 2022

Jan. 14, 2022

PACER
60

MOTION to Dismiss Counts II and III of Plaintiffs' Complaint for Failure to Exhaust Administrative Remedies by Interested Party United States of America. (Attachments: # 1 Exhibit A - Declaration of Nina Fields)(Berndt, Amanda) (Entered: 01/14/2022)

Jan. 14, 2022

Jan. 14, 2022

PACER
61

Mail Returned as Undeliverable re 52 and 53 Addressed to Alexander Hall 5880 State Highway 67 South Florence, CO 81226. (csarr, ) (Entered: 01/19/2022)

Jan. 19, 2022

Jan. 19, 2022

PACER
62

Mail Returned as Undeliverable re: 42, Addressed to Dustin Ross 5880 State Highway 67 South Florence, CO 81226. (Attachments: # 1 Mail returned re 54 ) (csarr, ) (Entered: 01/20/2022)

Jan. 20, 2022

Jan. 20, 2022

PACER
63

Mail Returned as Undeliverable re: 54 Order Addressed to Alexander Hall 5880 State Highway 67 South Florence, CO 81226. (Attachments: # 1 Mail returned re 40 ) (csarr, ) (Entered: 01/20/2022)

Jan. 20, 2022

Jan. 20, 2022

PACER
64

Mail Returned as Undeliverable re: 42 Addressed to Dustin Ross 5880 State Highway 67 South Florence, CO 81226. (Attachments: # 1 Mail returned re #52 and #53) (csarr, ) (Entered: 01/24/2022)

Jan. 24, 2022

Jan. 24, 2022

PACER
65

MOTION to Dismiss by Defendant Michael James Harris. (Vaughan, Gordon) (Entered: 01/25/2022)

Jan. 25, 2022

Jan. 25, 2022

PACER
66

Mail Returned as Undeliverable re: 55 MOTION Addressed to Alexander Hall 5880 State Highway 67 South Florence, CO 81226. (Attachments: # 1 Mail returned re #56) (csarr, ) (Entered: 01/25/2022)

Jan. 25, 2022

Jan. 25, 2022

PACER
67

Mail Returned as Undeliverable re: 55 MOTION Addressed to Dustin Ross 5880 State Highway 67 South Florence, CO 81226. (Attachments: # 1 Mail returned re #61) (csarr, ) (Entered: 01/25/2022)

Jan. 25, 2022

Jan. 25, 2022

PACER
68

NOTICE of Entry of Appearance by Kaitlin B. Turner on behalf of Alexander Hall, Joshua MooreAttorney Kaitlin B. Turner added to party Alexander Hall(pty:dft), Attorney Kaitlin B. Turner added to party Joshua Moore(pty:dft) (Turner, Kaitlin) (Entered: 01/26/2022)

Jan. 26, 2022

Jan. 26, 2022

PACER
69

NOTICE of Entry of Appearance by Thomas E.M. Werge on behalf of Alexander Hall, Joshua MooreAttorney Thomas E.M. Werge added to party Alexander Hall(pty:dft), Attorney Thomas E.M. Werge added to party Joshua Moore(pty:dft) (Werge, Thomas) (Entered: 01/26/2022)

Jan. 26, 2022

Jan. 26, 2022

PACER
70

MOTION to Dismiss by Defendant Billy Eischen. (Ringel, Andrew) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

PACER
71

NOTICE of Entry of Appearance by Jonathan Marshall Abramson on behalf of Dustin RossAttorney Jonathan Marshall Abramson added to party Dustin Ross(pty:dft) (Abramson, Jonathan) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

PACER
72

NOTICE of Entry of Appearance by Yulia Nikolaevskaya on behalf of Dustin RossAttorney Yulia Nikolaevskaya added to party Dustin Ross(pty:dft) (Nikolaevskaya, Yulia) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

PACER
73

REASSIGNING MAGISTRATE JUDGE. Due to Magistrate Judge Tafoya's retirement, this case is reassigned to Magistrate Judge N. Reid Neureiter as the presiding judge. All future pleadings should reference Magistrate Judge Neureiter at the beginning of the civil action number (such as 21-cv-01687-NRN). Unless otherwise ordered, the dates and times for all scheduled matters will be maintained. (Text Only Entry) (evaug ) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER
74

NOTICE of Entry of Appearance by Habib Nasrullah on behalf of Christopher FernandezAttorney Habib Nasrullah added to party Christopher Fernandez(pty:dft) (Nasrullah, Habib) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER
75

MOTION for Extension of Time to File Response/Reply as to 70 MOTION to Dismiss, 60 MOTION to Dismiss Counts II and III of Plaintiffs' Complaint for Failure to Exhaust Administrative Remedies, 65 MOTION to Dismiss by Plaintiffs Jose Arroyo, Heather Boehm, Samuel Cordo, Amber Miller. (Attachments: # 1 Exhibit Exhibit 1 - OIG Report, # 2 Exhibit Exhibit 2 - Miller Decl and attachments, # 3 Exhibit Exhibit 3 - Boehm Decl and attachments, # 4 Exhibit Exhibit 4 - Cordo Decl and attachments)(Custer, Kathleen) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER
76

Minute ORDER by Magistrate Judge N. Reid Neureiter on 2 February 2022. This matter is before the Court on review of the docket. It is hereby ORDERED that a Scheduling Conference is set for March 1, 2022 at 2:00 p.m. The hearing will be held in person. The parties should be prepared to discuss Plaintiffs' Motion for an Extension of Time to Respond to Pending Motions to Dismiss and for Expedited Discovery (Dkt. # 75 ) at the Scheduling Conference. Briefing on Defendants' motions to dismiss (Dkt. # 60, 65, & 70 ) is stayed pending a ruling on Plaintiffs' motion. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, ) (Entered: 02/02/2022)

Feb. 2, 2022

Feb. 2, 2022

PACER
77

MOTION to Dismiss by Defendant Derek Myers. (Carafelli, Andrew) (Entered: 02/04/2022)

Feb. 4, 2022

Feb. 4, 2022

PACER
78

NOTICE of Entry of Appearance by Jonathan Marshall Abramson on behalf of Chad WeiseAttorney Jonathan Marshall Abramson added to party Chad Weise(pty:dft) (Abramson, Jonathan) (Entered: 02/08/2022)

Feb. 8, 2022

Feb. 8, 2022

PACER
79

NOTICE of Entry of Appearance by Yulia Nikolaevskaya on behalf of Chad WeiseAttorney Yulia Nikolaevskaya added to party Chad Weise(pty:dft) (Nikolaevskaya, Yulia) (Entered: 02/08/2022)

Feb. 8, 2022

Feb. 8, 2022

PACER
80

Mail Returned as Undeliverable re: 40 Order on Motion for Order, Addressed to Alexander Hall 5880 State Hwy 67 South, Florence, CO 81226. (cmadr, ) (Entered: 02/08/2022)

Feb. 8, 2022

Feb. 8, 2022

PACER
81

NOTICE of Entry of Appearance by Jonathan Marshall Abramson on behalf of Timothy HolcombAttorney Jonathan Marshall Abramson added to party Timothy Holcomb(pty:dft) (Abramson, Jonathan) (Entered: 02/08/2022)

Feb. 8, 2022

Feb. 8, 2022

PACER
82

NOTICE of Entry of Appearance by Yulia Nikolaevskaya on behalf of Timothy HolcombAttorney Yulia Nikolaevskaya added to party Timothy Holcomb(pty:dft) (Nikolaevskaya, Yulia) (Entered: 02/08/2022)

Feb. 8, 2022

Feb. 8, 2022

PACER
83

MOTION to Dismiss by Defendants Alexander Hall, Joshua Moore. (Turner, Kaitlin) (Entered: 02/08/2022)

Feb. 8, 2022

Feb. 8, 2022

PACER
84

CONSENT to Jurisdiction of Magistrate Judge by Defendants Timothy Holcomb, Dustin Ross, Chad Weise All parties do not consent.. (Abramson, Jonathan) (Entered: 02/11/2022)

Feb. 11, 2022

Feb. 11, 2022

PACER
85

CASE REASSIGNED pursuant to 84 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Raymond P. Moore and drawn to Magistrate Judge N. Reid Neureiter. All future pleadings should be designated as 21-cv-01687-RM. (Text Only Entry) (cmadr, ) (Entered: 02/11/2022)

Feb. 11, 2022

Feb. 11, 2022

PACER
86

MOTION to Dismiss Christopher Fernandez by Defendant Christopher Fernandez. (Oxley, Jennifer) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER
87

ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. 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 D.C.COLO.LCivR 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 a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Raymond P. Moore on 2/14/2022. (Text Only Entry) (rmsec ) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER
88

MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 2/14/2022. (Text Only Entry) (rmsec) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER
89

MEMORANDUM regarding 60 MOTION to Dismiss Counts II and III of Plaintiffs' Complaint for Failure to Exhaust Administrative Remedies filed by United States of America, 70 MOTION to Dismiss filed by Billy Eischen, 77 MOTION to Dismiss filed by Derek Myers, 86 MOTION to Dismiss Christopher Fernandez filed by Christopher Fernandez, 75 MOTION for Extension of Time to File Response/Reply as to 70 MOTION to Dismiss, 60 MOTION to Dismiss Counts II and III of Plaintiffs' Complaint for Failure to Exhaust Administrative Remedies, 65 MOTION to Dismiss < filed by Heather Boehm, Samuel Cordo, Amber Miller, Jose Arroyo, 83 MOTION to Dismiss filed by Joshua Moore, Alexander Hall, 65 MOTION to Dismiss filed by Michael James Harris. Motions referred to Magistrate Judge N. Reid Neureiter. By Judge Raymond P. Moore on 2/14/2022. (Text Only Entry) (rmsec ) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER
90

NOTICE of Entry of Appearance of Counsel for United States by Jeffrey E. Nelson on behalf of United States of AmericaAttorney Jeffrey E. Nelson added to party United States of America(pty:dft) (Nelson, Jeffrey) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER
91

NOTICE of Entry of Appearance by Reid Jason Elkus on behalf of Andrew PrivettAttorney Reid Jason Elkus added to party Andrew Privett(pty:dft) (Elkus, Reid) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER

Case Details

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 (- United States (national) -), 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

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Failure to supervise

Failure to train

Policing:

Excessive force

Jails, Prisons, Detention Centers, and Other Institutions:

Pepper/OC spray

Assault/abuse by staff (facilities)

Assault/abuse by non-staff (facilities)