Case: Rabinkov v. Colorado Department of Corrections

1:18-cv-02926 | U.S. District Court for the District of Colorado

Filed Date: Nov. 14, 2018

Closed Date: May 3, 2022

Clearinghouse coding complete

Case Summary

On November 14, 2018, a group of deaf prisoners in custody at the Colorado Department of Corrections (CDOC) filed a putative class action against the CDOC alleging violations of the ADA and the Rehabilitation Act. Specifically, plaintiffs alleged that CDOC had failed to provide deaf inmates with functioning TTYs, videophones, or other communication assistance technology. On November 20, 2018, plaintiffs moved to consolidate from the plaintiffs in Rogers v. Colorado Department of Corrections, an…

On November 14, 2018, a group of deaf prisoners in custody at the Colorado Department of Corrections (CDOC) filed a putative class action against the CDOC alleging violations of the ADA and the Rehabilitation Act. Specifically, plaintiffs alleged that CDOC had failed to provide deaf inmates with functioning TTYs, videophones, or other communication assistance technology.

On November 20, 2018, plaintiffs moved to consolidate from the plaintiffs in Rogers v. Colorado Department of Corrections, another federal case against CDOC regarding the provision (or lack thereof) of videophones to deaf prisoners or relatives of deaf individuals. This motion was granted on December 20, 2018. For information about post-consolidation activity, see Rogers. Following consolidation, the majority of case activity occurred on the Rogers docket.

On February 7, 2020, this case was terminated pursuant to a consolidated consent decree. The consent decree ordered CDOC to install additional videophones in three facilities: the Colorado Territorial Correctional Facility, Denver Women’s Correctional Facility, and the Denver Reception and Diagnostic Center. Additionally, if an eligible individual was housed in another facility for more than two weeks, CDOC was ordered to install a videophone for that person's use. Finally, CDOC was ordered to post notices to ensure individuals were aware of the videophones and to provide information to plaintiffs' counsel for compliance monitoring. The parties agreed to meet and confer before submitting any dispute to the court, and they requested the court retain jurisdiction for the two years the consent decree was to be in effect.

Per the terms of the consent decree, the decree was terminated on May 9, 2022, and the matter was dismissed with prejudice.

Summary Authors

Hannah Shilling (6/13/2022)

Related Cases

Rogers v. Colorado Department of Corrections, District of Colorado (2016)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/16753755/parties/rabinkov-v-colorado-department-of-corrections/


Judge(s)

Gallagher, Gordon P. (Colorado)

Hegarty, Michael E. (Colorado)

Varholak, Scott (Colorado)

Attorneys(s) for Plaintiff

Robertson, Amy (Colorado)

Attorneys(s) for Defendant

Spalding, Kathleen (Colorado)

Judge(s)

Gallagher, Gordon P. (Colorado)

Hegarty, Michael E. (Colorado)

Varholak, Scott (Colorado)

Attorneys(s) for Plaintiff

Robertson, Amy (Colorado)

Attorneys(s) for Defendant

Spalding, Kathleen (Colorado)

Documents in the Clearinghouse

Document
1

1:18-cv-02926

Class Action Complaint

Nov. 14, 2018

Nov. 14, 2018

Complaint
196-1

1:16-cv-02733

Consent Decree

Rogers v. Colorado Department of Corrections

Feb. 7, 2020

Feb. 7, 2020

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16753755/rabinkov-v-colorado-department-of-corrections/

Last updated Sept. 1, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Colorado Department of Corrections (Filing fee $ 400,Receipt Number 1082-6394564)Attorney Amy Farr Robertson added to party Andrew Atkins(pty:pla), Attorney Amy Farr Robertson added to party Cathy Begano(pty:pla), Attorney Amy Farr Robertson added to party Leonid Rabinkov(pty:pla), Attorney Amy Farr Robertson added to party Marc Trevithick(pty:pla), filed by Marc Trevithick, Leonid Rabinkov, Andrew Atkins, Cathy Begano. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Robertson, Amy) (Entered: 11/14/2018)

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

Nov. 14, 2018

Nov. 14, 2018

Clearinghouse
2

NOTICE OF CASE ASSOCIATION by Amy Farr Robertson on behalf of Andrew Atkins, Cathy Begano, Leonid Rabinkov, Marc Trevithick (Robertson, Amy) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

PACER
3

Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (rvill, ) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

PACER
4

ORDER Drawing Case by Magistrate Judge Gordon P. Gallagher on 11/15/2018. Case randomly reassigned to Magistrate Judge Michael E. Hegarty for all further proceedings. All future pleadings shall be designated as 18-cv-02926 MEH. Magistrate Judge Gordon P. Gallagher no longer assigned to case, (evana, ) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

PACER
5

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (evana, ) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

PACER
6

CERTIFICATE of Service by Clerk of Court re 1 Complaint, for Service of Process. (cmadr, ) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

PACER
7

SUMMONS REQUEST as to Colorado Department of Corrections re 1 Complaint,, by Plaintiffs Andrew Atkins, Cathy Begano, Leonid Rabinkov, Marc Trevithick. (Robertson, Amy) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

PACER
8

WAIVER OF SERVICE Returned Executed Colorado Department of Corrections waiver sent on 11/15/2018, answer due 1/14/2019. (tsher, ) (Entered: 11/16/2018)

Nov. 15, 2018

Nov. 15, 2018

PACER
9

SUMMONS issued by Clerk. (Attachments: # 1 Magistrate Judge Consent Form) (tsher, ) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
10

MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 11/19/2018. Scheduling Conference set for 1/17/2019 10:45 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (tsher, ) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

PACER
11

NOTICE of Filing Motion to Consolidate by Plaintiffs Andrew Atkins, Cathy Begano, Leonid Rabinkov, Marc Trevithick (Attachments: # 1 Exhibit A - Motion to Consolidate)(Robertson, Amy) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
12

NOTICE of Entry of Appearance by Kathleen L. Spalding on behalf of Colorado Department of CorrectionsAttorney Kathleen L. Spalding added to party Colorado Department of Corrections(pty:dft) (Spalding, Kathleen) (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

PACER
13

MINUTE ORDER By Magistrate Judge Michael E. Hegarty on 12/12/2018. Status Conference set for 12/18/2018 01:15 PM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (tsher, ) (Entered: 12/12/2018)

Dec. 12, 2018

Dec. 12, 2018

PACER
14

COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Status Conference held on 12/18/2018. FTR: Courtroom A501. (mdave, ) (Main Document 14 replaced on 4/5/2019) (mdave, ). (Entered: 12/18/2018)

Dec. 18, 2018

Dec. 18, 2018

PACER
15

Proposed Scheduling Order by Plaintiffs Andrew Atkins, Cathy Begano, Leonid Rabinkov, Marc Trevithick. (Robertson, Amy) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER
16

MINUTE ORDER By Magistrate Judge Michael E. Hegarty on 12/20/2018. Consent Form due by 12/21/2018. (tsher, ) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER
17

CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Andrew Atkins, Cathy Begano, Leonid Rabinkov, Marc Trevithick All parties consent.. (Robertson, Amy) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER
18

ORDER By Magistrate Judge Scott T. Varholak on 12/20/2018. Plaintiffs Motion to Consolidate [#95] is GRANTED in Civil Action No. 16-cv-02733-STV (jgonz, ) (Entered: 12/21/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER
19

TRANSCRIPT of Status Conference held on December 18, 2018 before Magistrate Judge Hegarty. Pages: 1-9. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Patterson Transcription Company, ) (Entered: 04/20/2019)

April 20, 2019

April 20, 2019

PACER
20

stricken Petition To Be Added to this Action as a Similarly Situated Party, by Interested Party Howell F. Roberts, III. (nmarb, ) Modified on 1/23/2020 to correct typo. (nmarb, ). Modified on 2/10/2020 (jgonz, ). (Entered: 01/23/2020)

Jan. 23, 2020

Jan. 23, 2020

PACER
21

Civil Case Terminated pursuant Consent Decree in 16-cv-02733-STV. Text Only Entry (jgonz, ) (Entered: 02/10/2020)

Feb. 7, 2020

Feb. 7, 2020

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Deaf or Blind in Jail/Prison

Key Dates

Filing Date: Nov. 14, 2018

Closing Date: May 3, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Four deaf prisoners on behalf of themselves and others in the custody of the Colorado Department of Corrections.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Education and Enforcement Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

The State of Colorado, State

Defendant Type(s):

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)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2020 - 2022

Content of Injunction:

Reasonable Accommodation

Recordkeeping

Reporting

Issues

General:

Communication skills

Conditions of confinement

Effective Communication (ADA)

Grievance procedures

Phone

Reasonable Accommodations

Screen readers and similar accessibility devices

TTY/Close Captioning/Videophone/etc.

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

Type of Facility:

Government-run