Case: Hooper v. City of St. Paul

0:17-cv-03442 | U.S. District Court for the District of Minnesota

Filed Date: July 30, 2017

Closed Date: March 13, 2020

Clearinghouse coding complete

Case Summary

This case is a challenge under the ADA (42 U.S.C. 812132), RA (29 U.S.C. 794) and Minnesota state law to the failure of St Paul Minneapolis police department to provide a certified ASL interpreter for a deaf person who was arrested and charged with assault and interference with a 911 call. The plaintiff, a deaf woman represented by the Minnesota P&A, on July 30, 2017 filed suit against the St Paul for compensatory and punitive damages, civil penalties and attorneys fees (a related lawsuit with …

This case is a challenge under the ADA (42 U.S.C. 812132), RA (29 U.S.C. 794) and Minnesota state law to the failure of St Paul Minneapolis police department to provide a certified ASL interpreter for a deaf person who was arrested and charged with assault and interference with a 911 call. The plaintiff, a deaf woman represented by the Minnesota P&A, on July 30, 2017 filed suit against the St Paul for compensatory and punitive damages, civil penalties and attorneys fees (a related lawsuit with the same parties was filed in state District court for injunctive and declaratory relief). The case was assigned to Judge Patrick Joseph Schiltz and later transferred to Judge David T. Schultz on October 1, 2019.

Following a dispute with her mother, the plaintiff attempted to file a report in support of a domestic violence allegation against her mother. She requested a certified ASL interpreter, but the St Paul police department did not provide one; instead providing an officer who had some facility with ASL, but was not fluent and was not a certified interpreter. Instead of taking her statement, the police instead arrested her, without effectively informing her of the reason for her arrest due to the lack of a certified interpreter. Despite repeated attempts to file a statement with an interpreter, the police refused to provide one and arrested her a second time on enhanced charges. 

The plaintiff brought the case against the City of St Paul as the operator of the St Paul Police Department, alleging that the defendant’s failure to provide a qualified interpreter that would allow her to file a domestic assault charge deprived her of the equal opportunity to participate in and benefit from the defendant’s service of allowing people to file domestic assault charges and violated the prohibition against discrimination in Title II of the ADA (42 U.S.S. 12132 and its implementing regulations (28 C.F.R. Part 35). She also alleged that the failure to provide a certified interpreter violated those same provisions by failing to properly advise her as to the nature and reason for her arrest. The plaintiff further alleged that the defendant’s actions violated the RA Act (29 U.S.C. 794) due to federal funding received by the St Paul police department.

On November 21, 2018 the City of St Paul filed a motion for summary judgment, which was granted in part and denied in part. The court found that the city of St Paul could not be held vicariously liable for any deliberate indifference by its employees under Title II of the ADA or the RA. Despite the fact that the St Paul Police Department was in violation of a prior settlement regarding the use of certified ASL interpreters, the Court found that neither the policy nor practice of the police department were believed to be likely to result in a violation of the ADA or RA. However, it found that direct liability could be established due to the actions of a particular police officer who had the authority to address the alleged discrimination and to institute corrective measures and was deliberately indifferent in failing to do so, specifically in relation to the failure to effectively inform her of the reasons for her arrest. Gebser v. Lago Vista Independent School District, 524 U.S. 274, 290 (1998).

The case thereafter ended in settlement and the plaintiff voluntarily dismissed the case on March 13, 2020.

Summary Authors

NDRN (6/24/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13546480/parties/hooper-v-city-of-st-paul/

Judge(s)

Schiltz, Patrick Joseph (Minnesota)

show all people

Documents in the Clearinghouse

Document
1

0:17-cv-03442

Complaint Jury Trial Demanded

July 30, 2017

July 30, 2017

Complaint
33

0:17-cv-03442

Order on Motion for Summary Judgment

Aug. 26, 2019

Aug. 26, 2019

Order/Opinion

2019 WL 4015443

50

0:17-cv-03442

Order of Dismissal

March 13, 2020

March 13, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13546480/hooper-v-city-of-st-paul/

Last updated June 11, 2025, 10:59 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against City of St. Paul ( Filing fee $ 400 receipt number AMNDC-5640264.) filed by Catrina Hooper. Filer requests summons issued. (Attachments: # 1 Exhibit(s) A and B, # 2 Civil Cover Sheet) (Macpherson, Roderick) Modified text on 7/31/2017 (las). (Entered: 07/30/2017)

1 Exhibit(s) A and B

View on PACER

2 Civil Cover Sheet

View on PACER

July 30, 2017

July 30, 2017

Clearinghouse
2

TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Patrick J. Schiltz per Civil 3rd, 4th - Civil Rights: Housing/Accommodations, ADA Other List and referred to Magistrate Judge David T. Schultz. Please use case number 17-cv-03442 (PJS/DTS). (las) (Entered: 07/31/2017)

July 31, 2017

July 31, 2017

PACER
3

Summons Issued as to City of St. Paul. (las) (Entered: 07/31/2017)

July 31, 2017

July 31, 2017

PACER
4

SUMMONS Returned Executed by Catrina Hooper. City of St. Paul served on 8/1/2017, answer due 8/22/2017. (Macpherson, Roderick) (Entered: 08/01/2017)

Aug. 1, 2017

Aug. 1, 2017

PACER
5

ANSWER to Complaint filed by City of St. Paul. (Sisk, Cheri) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER
6

NOTICE OF AND ORDER FOR PRETRIAL CONFERENCE: Pretrial Conference set for 9/21/2017 10:30 AM in Courtroom 9E (MPLS) before Magistrate Judge David T. Schultz. Signed by Magistrate Judge David T. Schultz on 8/24/17. (Attachments: # 1 Consent Form)(JDF) (Entered: 08/25/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
7

REPORT of Rule 26(f) Planning Meeting. Filed by Catrina Hooper. Jointly Signed by City of St. Paul.(Macpherson, Roderick) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
8

Minute Entry for proceedings held before Magistrate Judge David T. Schultz: Recorded Pretrial Conference held on 9/21/2017. Pretrial Scheduling Order to be issued. (JDF) (Entered: 09/27/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
9

PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 10/21/2017. Discovery due by 4/1/2018. Motions (non-disp) due 4/15/2018. Motions (disp) due by 1/15/2019. Ready for trial due by 5/15/2019. Signed by Magistrate Judge David T. Schultz on 9/28/17. (JDF) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
10

NOTICE of Appearance by Christen Leigh Chapman on behalf of Catrina Hooper. (Chapman, Christen) (Entered: 01/17/2018)

Jan. 17, 2018

Jan. 17, 2018

PACER
11

STIPULATION re 9 Scheduling Order, by City of St. Paul. Jointly Signed by Catrina Hooper. (Sisk, Cheri) (Entered: 03/28/2018)

March 28, 2018

March 28, 2018

PACER
12

AMENDED PRETRIAL SCHEDULING ORDER. Signed by Magistrate Judge David T. Schultz on 4/9/2018. (KMH) (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

PACER
13

MOTION for Summary Judgment filed by City of St. Paul. (Sisk, Cheri) (Entered: 08/31/2018)

Aug. 31, 2018

Aug. 31, 2018

PACER
14

NOTICE OF HEARING ON MOTION 13 MOTION for Summary Judgment : Motion Hearing set for 1/2/2019 at 08:30 AM in Judge's Chambers 14E (MPLS) before Judge Patrick J. Schiltz. (Sisk, Cheri) (Entered: 08/31/2018)

Aug. 31, 2018

Aug. 31, 2018

PACER
15

DOCUMENT FILED IN ERROR-Letter re: withdrawal of motion re 13 MOTION for Summary Judgment from Cheri M. Sisk. (Sisk, Cheri) Modified on 9/5/2018 (AKL). (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
16

DOCUMENT FILED IN ERROR-Letter re: withdrawal of motion re 14 Notice of Hearing on Motion from Cheri M. Sisk. (Sisk, Cheri) Modified on 9/5/2018 (AKL). (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
17

Letter re: withdrawal of motion re 13 MOTION for Summary Judgment, 14 Notice of Hearing on Motion. (Sisk, Cheri) (Entered: 09/05/2018)

Sept. 5, 2018

Sept. 5, 2018

PACER
18

NOTICE of Withdrawal as Attorney of Christen Chapman (Chapman, Christen) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
19

MOTION for Summary Judgment filed by City of St. Paul. (Sisk, Cheri) (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

PACER
20

NOTICE OF HEARING ON MOTION 19 MOTION for Summary Judgment : Motion Hearing set for 1/2/2019 at 08:30 AM in Courtroom 14E (MPLS) before Judge Patrick J. Schiltz. (Sisk, Cheri) (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

PACER
21

MEMORANDUM in Support re 19 MOTION for Summary Judgment filed by City of St. Paul. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Sisk, Cheri) (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

PACER
22

AFFIDAVIT of Chad Koch in SUPPORT OF 19 MOTION for Summary Judgment filed by City of St. Paul.(Sisk, Cheri) (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

PACER
23

PROPOSED ORDER TO JUDGE re Summary Judgment Motion 19 Motion for Summary Judgment. (Sisk, Cheri) (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

PACER
24

AFFIDAVIT of Cheri M. Sisk in SUPPORT OF 19 MOTION for Summary Judgment filed by City of St. Paul. (Attachments: # 1 Exhibit(s) A-G, # 2 Exhibit(s) H-X)(Sisk, Cheri) (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

PACER
25

(Text-only) NOTICE of Resetting of Hearing re 19 MOTION for Summary Judgment. Motion Hearing RESCHEDULED for 1/2/2019 at 10:00 AM in Courtroom 14E (MPLS) before Judge Patrick J. Schiltz. NOTE TIME CHANGE ONLY. (CLG) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
26

MEMORANDUM in Opposition re 19 MOTION for Summary Judgment filed by Catrina Hooper. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Macpherson, Roderick) (Entered: 12/12/2018)

Dec. 12, 2018

Dec. 12, 2018

PACER
27

DECLARATION of Catarina Hooper in Opposition to 19 MOTION for Summary Judgment filed by Catrina Hooper.(Macpherson, Roderick) (Entered: 12/12/2018)

Dec. 12, 2018

Dec. 12, 2018

PACER
28

DECLARATION of Stephanie Rittenour in Opposition to 19 MOTION for Summary Judgment filed by Catrina Hooper.(Macpherson, Roderick) (Entered: 12/12/2018)

Dec. 12, 2018

Dec. 12, 2018

PACER
29

DECLARATION of Roderick J. Macpherson III in Opposition to 19 MOTION for Summary Judgment filed by Catrina Hooper. (Attachments: # 1 Exhibit(s) A- F with Cover, # 2 Exhibit(s) G - K, # 3 Exhibit(s) L - N, # 4 Exhibit(s) O - Q, # 5 Exhibit(s) R - S)(Macpherson, Roderick) (Entered: 12/12/2018)

Dec. 12, 2018

Dec. 12, 2018

PACER
30

REPLY re 19 MOTION for Summary Judgment filed by City of St. Paul. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Sisk, Cheri) (Entered: 12/26/2018)

Dec. 26, 2018

Dec. 26, 2018

PACER
31

Minute Entry for proceedings held before Judge Patrick J. Schiltz: Motion Hearing held on 1/2/2019 re 19 MOTION for Summary Judgment filed by City of St. Paul. Motion taken under advisement, written order forthcoming. (Court Reporter Debra Beauvais) (CLG) (Entered: 01/02/2019)

Jan. 2, 2019

Jan. 2, 2019

PACER
32

NOTICE OF ATTORNEY APPEARANCE/SUBSTITUTION for City of St. Paul. (Edwards, Anthony) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
33

ORDER granting in part and denying in part 19 Motion for Summary Judgment. (Written Opinion). Signed by Judge Patrick J. Schiltz on 8/26/2019. (KLL) (Entered: 08/26/2019)

Aug. 26, 2019

Aug. 26, 2019

Clearinghouse
34

TRIAL NOTICE AND FINAL PRETRIAL ORDER. Jury Trial set for 11/12/2019 at 08:30 AM in Courtroom 14E (MPLS) before Judge Patrick J. Schiltz. See Order for other dates and deadlines. (CLG) (Entered: 09/03/2019)

Sept. 3, 2019

Sept. 3, 2019

PACER
35

ORDER/NOTICE FOR SETTLEMENT CONFERENCE: Confidential Letter to Court due by 10/14/2019. Parties are directed to Meet and Confer by 10/14/2019. Settlement Conference set for 10/21/2019 at 09:00 AM in Courtroom 9E (MPLS) before Magistrate Judge David T. Schultz. Signed by Magistrate Judge David T. Schultz on 9/3/2019. (TJB) (Entered: 09/03/2019)

Sept. 3, 2019

Sept. 3, 2019

PACER
36

LETTER TO MAGISTRATE JUDGE by City of St. Paul . (Edwards, Anthony) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER
37

(Text-only) NOTICE of Cancelation & Resetting of Hearing: 35 ORDER/NOTICE FOR SETTLEMENT CONFERENCE: Confidential Letter to Court due by 10/11/2019. Parties are directed to Meet and Confer by 10/11/2019. Settlement Conference set for 10/18/2019 at 09:00 AM in Courtroom 9E (MPLS) before Magistrate Judge David T. Schultz. (TJB) (Entered: 09/17/2019)

Sept. 17, 2019

Sept. 17, 2019

PACER
38

AMENDED TRIAL NOTICE AND FINAL PRETRIAL ORDER. Jury Trial RESCHEDULED for 1/27/2020 at 09:00 AM in Courtroom 14E (MPLS) before Judge Patrick J. Schiltz. See Order for other dates and deadlines. (CLG) (Entered: 10/01/2019)

Oct. 1, 2019

Oct. 1, 2019

PACER
39

AMENDED ORDER/NOTICE FOR SETTLEMENT CONFERENCE: Confidential Letter to Court due by 11/1/2019. Parties are directed to Meet and Confer by 11/1/2019. Settlement Conference set for 11/8/2019 at 09:00 AM in Courtroom 9E (MPLS) before Magistrate Judge David T. Schultz. Signed by Magistrate Judge David T. Schultz on 10/02/19. (TJB) (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

PACER
40

Minute Entry for proceedings held before Magistrate Judge David T. Schultz: Settlement Conference held on 11/8/2019. (TJB) (Entered: 11/14/2019)

Nov. 8, 2019

Nov. 8, 2019

PACER
41

Minute Entry for proceedings held before Magistrate Judge David T. Schultz: Settlement Conference held on 11/19/2019. Binding settlement reached. (TJB) (Entered: 12/02/2019)

Nov. 19, 2019

Nov. 19, 2019

PACER
42

TEXT-ONLY ORDER: The parties are to appear on January 24, 2020 at 9:00 a.m. in Courtroom 9E, United States Courthouse, 300 South Fourth Street, Minneapolis, Minnesota, before Magistrate Judge David T. Schultz, to discuss Plaintiff's concerns raised post-settlement. Ordered by Magistrate Judge David T. Schultz on 12/27/2019. (TJB) (Entered: 12/27/2019)

Dec. 27, 2019

Dec. 27, 2019

PACER

Order/Notice of Hearing/Deadlines (Setting/Resetting)

Dec. 27, 2019

Dec. 27, 2019

PACER
43

Minute Entry for proceedings held before Magistrate Judge David T. Schultz: Settlement Conference held on 1/24/2020. Binding settlement reached. (TJB) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

PACER
44

DOCUMENT FILED IN ERROR. REFILED AT 45 . TRANSCRIPT REQUEST for an Expedited 3-Day Transcript of 43 Settlement Conference to Court Reporter Debra Beauvais. (Attachments: # 1 Supplement)(Macpherson, Roderick) Modified text on 2/4/2020 (CLK). (Entered: 01/29/2020)

Jan. 29, 2020

Jan. 29, 2020

PACER
45

REQUEST for an Expedited 3-Day Transcript of a Digital Audio Recording. (Attachments: # 1 Supplement)(Macpherson, Roderick) (Entered: 01/30/2020)

Jan. 30, 2020

Jan. 30, 2020

PACER
46

RESTRICTED TRANSCRIPT of Settlement Conference held on 1/24/2020 before Magistrate Judge David T. Schultz. (18 pages). Transcriber: Renee Rogge. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents. (RAR) (Entered: 01/31/2020)

Jan. 31, 2020

Jan. 31, 2020

PACER
47

NOTICE of Appearance by Barnett I. Rosenfield on behalf of Catrina Hooper. (Rosenfield, Barnett) (Entered: 03/12/2020)

March 12, 2020

March 12, 2020

PACER
48

STIPULATION of Dismissal With Prejudice by City of St. Paul. Jointly Signed by Catrina Hooper. (Edwards, Anthony) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

PACER
49

PROPOSED ORDER TO JUDGE re Stipulation of Dismissal 48 Stipulation of Dismissal. (Edwards, Anthony) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

PACER
50

ORDER OF DISMISSAL. Signed by Judge Patrick J. Schiltz on 3/13/2020. (CLG) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

RECAP

Case Details