Case: A.V. v. Douglas County School District RE-1

1:21-cv-00704 | U.S. District Court for the District of Colorado

Filed Date: March 9, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This case involved the arrest of a minor student with autism by the police at the student’s middle school. On March 9, 2021, a child, through his mother and next friend, sued the Douglas County School District and individual student resource officers in the U.S. District Court for the District of Colorado. The plaintiffs sued the defendant under the American with Disabilities Act, the Rehabilitation Act, and the Fourth Amendment pursuant to 42 U.S.C. § 12131, 29 U.S.C. § 794, and 42 U.S.C. § 19…

This case involved the arrest of a minor student with autism by the police at the student’s middle school. On March 9, 2021, a child, through his mother and next friend, sued the Douglas County School District and individual student resource officers in the U.S. District Court for the District of Colorado. The plaintiffs sued the defendant under the American with Disabilities Act, the Rehabilitation Act, and the Fourth Amendment pursuant to 42 U.S.C. § 12131, 29 U.S.C. § 794, and 42 U.S.C. § 1983, respectively. They sought compensatory and punitive damages. The plaintiffs were represented by private counsel in cooperation with the ACLU Foundation of Colorado.

The plaintiffs alleged that the student was diagnosed with Autism Spectrum Disorder and a serious emotional disability that caused him to be triggered by touch and loud sound and that caused him to have difficulty in managing frustration, expressing emotions, wants, needs, and handling some transitions. As a result of a school disagreement with a classmate, the boy was placed in handcuffs and placed in a patrol car by the school resource officers for not following their instructions. He was eventually transferred to a juvenile detention center. After being released, he had a headache, a hematoma, swollen wrists, and has suffered emotionally. 

On March 9, 2021, the case was assigned to District Judge William J. Martinez and Magistrate Judge S. Kato Crew. Three days later, Judge Martinez referred the case to the magistrate judge. 

On May 10, 2021, the defendant student resource officers moved to dismiss the case, and the defendant school district moved to dismiss the case on May 24, 2021.

District Judge Martinez granted the defendant school district’s motion to dismiss and granted in part and denied in part the student resource officers’ motion to dismiss on February 18, 2022. Judge Martinez found that the plaintiff failed to plausibly allege that the school district jointly employed the student resource officers as to be held liable under a joint employment theory under the ADA and Rehabilitation Act. Judge Martinez denied the student resource officers’ motion related to the ADA and Rehabilitation Act, as the plaintiffs failed to establish facts that the student resource officers violated the Fourth Amendment. 586 F.Supp.3d 1053.

The plaintiffs filed an Amended Complaint on March 18, 2022, adding additional facts in response to Judge Martinez’s order to grant the motions to dismiss on February 18, 2022. 

On April 1, 2022, the defendant student resources officers moved to dismiss the amended complaint, and the defendant school district similarly moved to dismiss the amended complaint on April 15, 2022. 

On August 1, 2022, the case was reassigned to District Judge Charlotte N. Sweeney. 

On May 1, 2023, the case was reassigned to Magistrate Judge Susan Prose. 

On May 3, 2023, the parties notified the court that they have reached a settlement and are working on memorializing the agreement. According to the ACLU of Colorado, the School District agreed to revise its policies to make it safer for students with disabilities. This will include advanced training for student resource officers.

As of January 29, 2024, the case is ongoing, awaiting dismissal papers. 

Summary Authors

Andrew Eslich (1/29/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59728432/parties/av-v-douglas-county-school-district-re-1/


Judge(s)
Attorney for Plaintiff

Bransford, Alex R. (Colorado)

Darby, Meghan W. (Colorado)

Attorney for Defendant

Case, Michael Brent (Colorado)

Dunnaway, Kelly (Colorado)

Edwards, Amy F. (Colorado)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

1:21-cv-00704

Complaint and Jury Demand

March 9, 2021

March 9, 2021

Complaint
84

1:21-cv-00704

Order Granting Douglas County School District Re-1's Motion to Dismiss, Granting in Part and Denying in Part the DCSO Defendants' Motion to Dismiss, and Affirming October 26, 2021 Order Re: Motion to Stay

Feb. 18, 2022

Feb. 18, 2022

Order/Opinion

586 F.Supp.3d 586

86-1

1:21-cv-00704

First Amended Complaint and Jury Demand

March 18, 2022

March 18, 2022

Complaint
86

1:21-cv-00704

Notice of Filing of First Amended Complaint and Jury Demand Pursuant To Fed R. CIV. P. 15(a)(2) and ECF No. 84Amended Pleading

March 18, 2022

March 18, 2022

Pleading / Motion / Brief
89

1:21-cv-00704

DCSO Defendants' Motion to Dismiss First Amended Complaint

April 1, 2022

April 1, 2022

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59728432/av-v-douglas-county-school-district-re-1/

Last updated March 17, 2024, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT and Jury Demand against Daniel Coyle, Douglas County School District RE-1, Sidney Nicholson, Lyle Peterson, Tony Spurlock (Filing fee $ 402,Receipt Number 1082-7753421)Attorney Jack David Robinson added to party Michelle Hanson(pty:pla), Attorney Jack David Robinson added to party A. V.(pty:pla), filed by Michelle Hanson, A. V.. (Attachments: # 1 Civil Cover Sheet)(Robinson, Jack) (Entered: 03/09/2021)

1 Civil Cover Sheet

View on PACER

March 9, 2021

March 9, 2021

Clearinghouse
2

NOTICE of Entry of Appearance by Mark Silverstein on behalf of All Plaintiffs Attorney Mark Silverstein added to party Michelle Hanson(pty:pla), Attorney Mark Silverstein added to party A. V.(pty:pla) (Silverstein, Mark) (Entered: 03/09/2021)

March 9, 2021

March 9, 2021

PACER
3

NOTICE of Entry of Appearance by Sara R. Neel on behalf of All Plaintiffs Attorney Sara R. Neel added to party Michelle Hanson(pty:pla), Attorney Sara R. Neel added to party A. V.(pty:pla) (Neel, Sara) (Entered: 03/09/2021)

March 9, 2021

March 9, 2021

PACER
4

NOTICE of Entry of Appearance by Arielle Kay Herzberg on behalf of All Plaintiffs Attorney Arielle Kay Herzberg added to party Michelle Hanson(pty:pla), Attorney Arielle Kay Herzberg added to party A. V.(pty:pla) (Herzberg, Arielle) (Entered: 03/09/2021)

March 9, 2021

March 9, 2021

PACER
5

Case assigned to Judge William J. Martinez and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (trvo, ) (Entered: 03/09/2021)

March 9, 2021

March 9, 2021

PACER
6

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). NO SUMMONS ISSUED. (trvo, ) (Entered: 03/09/2021)

March 9, 2021

March 9, 2021

PACER
7

NOTICE of Entry of Appearance of Michael Brent Case by Michael Brent Case on behalf of Douglas County School District RE-1Attorney Michael Brent Case added to party Douglas County School District RE-1(pty:dft) (Case, Michael) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER
8

NOTICE of Entry of Appearance of M. Johnathan Koonce by M. Jonathan Koonce on behalf of Douglas County School District RE-1Attorney M. Jonathan Koonce added to party Douglas County School District RE-1(pty:dft) (Koonce, M.) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER
9

WAIVER OF SERVICE Returned Executed by A.V.. Douglas County School District RE-1 waiver sent on 3/11/2021, answer due 5/10/2021. (Robinson, Jack) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER
10

ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Magistrate Judge Crews, or such other Magistrate Judge who may in the future be reassigned to this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiff's counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. 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, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 3/12/2021. Text Only Entry (wjmsec, ) (Entered: 03/12/2021)

March 12, 2021

March 12, 2021

PACER
11

ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2020 and as they may be amended from time to time), which may be downloaded here. SO ORDERED by Judge William J. Martinez on 3/ 12/2021. Text Only Entry (wjmsec, ) (Entered: 03/12/2021)

March 12, 2021

March 12, 2021

PACER
12

NOTICE of Entry of Appearance of Jonathan P. Fero by Jonathan Patrick Fero on behalf of Douglas County School District RE-1Attorney Jonathan Patrick Fero added to party Douglas County School District RE-1(pty:dft) (Fero, Jonathan) (Entered: 03/12/2021)

March 12, 2021

March 12, 2021

PACER

Order Referring Case to Magistrate Judge

March 12, 2021

March 12, 2021

PACER

Order

March 12, 2021

March 12, 2021

PACER
13

WAIVER OF SERVICE Returned Executed by A.V.. Tony Spurlock waiver sent on 3/11/2021, answer due 5/10/2021. (Robinson, Jack) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

PACER
14

WAIVER OF SERVICE Returned Executed by A.V.. Daniel Coyle waiver sent on 3/11/2021, answer due 5/10/2021. (Robinson, Jack) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

PACER
15

WAIVER OF SERVICE Returned Executed by A.V.. Lyle Peterson waiver sent on 3/11/2021, answer due 5/10/2021. (Robinson, Jack) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

PACER
16

WAIVER OF SERVICE Returned Executed by A.V.. Sidney Nicholson waiver sent on 3/11/2021, answer due 5/10/2021. (Robinson, Jack) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

PACER
17

MINUTE ORDER Setting Rule 16(b) Scheduling Conference. Telephone Scheduling Conference set for 6/14/2021 10:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order, and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, on or before 6/7/2021. At the scheduled time, counsel shall call the Court provided conference line at (888) 251-2909 Access Code: 5662814#. SO ORDERED by Magistrate Judge S. Kato Crews on 3/29/2021. Text Only Entry (amont, ) (Entered: 03/29/2021)

March 29, 2021

March 29, 2021

PACER

Minute Order

March 29, 2021

March 29, 2021

PACER
18

DCSO Defendants' Unopposed Motion to Extend Page Limit for their Motion to Dismiss Plaintiff's Complaint, by Defendants Daniel Coyle, Sidney Nicholson, Lyle Peterson, Tony Spurlock. (Johnson, Dawn) Modified on 5/6/2021 to correct title (angar, ). (Entered: 05/06/2021)

May 6, 2021

May 6, 2021

PACER
19

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendant Douglas County School District RE-1. (Fero, Jonathan) (Entered: 05/07/2021)

May 7, 2021

May 7, 2021

PACER
20

ORDER granting DCSO Defendants' Unopposed Motion to Extend Page Limit for their Motion to Dismiss Plaintiff's Complaint 18 . DCSO Defendants' Motion is GRANTED for good cause shown. DSCO Defendants are granted leave to file their Motion to Dismiss not to exceed 22 pages, exclusive of attorney signature blocks and certificate of service. SO ORDERED by Judge William J. Martinez on 5/7/2021. Text Only Entry(wjmsec, ) (Entered: 05/07/2021)

May 7, 2021

May 7, 2021

PACER
21

MEMORANDUM regarding 19 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, filed by Douglas County School District RE-1. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 5/7/2021. Text Only Entry (wjmsec, ) (Entered: 05/07/2021)

May 7, 2021

May 7, 2021

PACER

Order on Motion for Leave to File Excess Pages

May 7, 2021

May 7, 2021

PACER

Memorandum

May 7, 2021

May 7, 2021

PACER
22

ORDER granting 19 Motion for Extension of Time to Answer or Otherwise Respond. Douglas County School District RE-1's deadline for responsive pleading is extended to 5/24/2021. By Magistrate Judge S. Kato Crews on 5/10/2021. Text Only Entry(skclc1) (Entered: 05/10/2021)

May 10, 2021

May 10, 2021

PACER
23

MOTION to Dismiss by Defendants Daniel Coyle, Sidney Nicholson, Lyle Peterson, Tony Spurlock. (Johnson, Dawn) (Entered: 05/10/2021)

May 10, 2021

May 10, 2021

RECAP
24

MOTION to Stay Discovery by Defendants Daniel Coyle, Sidney Nicholson, Lyle Peterson, Tony Spurlock. (Johnson, Dawn) (Entered: 05/10/2021)

May 10, 2021

May 10, 2021

PACER

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

May 10, 2021

May 10, 2021

PACER
25

MEMORANDUM regarding 24 MOTION to Stay Discovery filed by Tony Spurlock, Daniel Coyle, Sidney Nicholson, Lyle Peterson. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 5/12/2021. Text Only Entry (wjmsec, ) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER

Memorandum

May 12, 2021

May 12, 2021

PACER
26

NOTICE of Entry of Appearance by Kelly Dunnaway on behalf of Daniel Coyle, Sidney Nicholson, Lyle Peterson, Tony SpurlockAttorney Kelly Dunnaway added to party Daniel Coyle(pty:dft), Attorney Kelly Dunnaway added to party Sidney Nicholson(pty:dft), Attorney Kelly Dunnaway added to party Lyle Peterson(pty:dft), Attorney Kelly Dunnaway added to party Tony Spurlock(pty:dft) (Dunnaway, Kelly) (Entered: 05/13/2021)

May 13, 2021

May 13, 2021

PACER
27

NOTICE of Entry of Appearance by Megan Leigh Taggart on behalf of Daniel Coyle, Sidney Nicholson, Lyle Peterson, Tony SpurlockAttorney Megan Leigh Taggart added to party Daniel Coyle(pty:dft), Attorney Megan Leigh Taggart added to party Sidney Nicholson(pty:dft), Attorney Megan Leigh Taggart added to party Lyle Peterson(pty:dft), Attorney Megan Leigh Taggart added to party Tony Spurlock(pty:dft) (Taggart, Megan) (Entered: 05/13/2021)

May 13, 2021

May 13, 2021

PACER
28

MOTION to Dismiss by Defendant Douglas County School District RE-1. (Fero, Jonathan) (Entered: 05/24/2021)

May 24, 2021

May 24, 2021

RECAP
29

Exhibits in Support of 28 MOTION to Dismiss Exhibit A by Defendant Douglas County School District RE-1. (Fero, Jonathan) (Entered: 05/24/2021)

May 24, 2021

May 24, 2021

PACER
30

MOTION for Extension of Time to File Answer or Otherwise Respond to DCSO Defendants' Motion to Dismiss by Plaintiff A.V.. (Herzberg, Arielle) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
31

MOTION for Extension of Time to File Answer or Otherwise Respond to DCSO Defendants' Motion to Stay by Plaintiff A.V.. (Herzberg, Arielle) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
32

ORDER denying Plaintiff's Unopposed Motion for an Extension of Time for Plaintiff to Respond to DCSO Defendants' Motion to Dismiss (ECF Doc. 23) 30 . Plaintiff's Motion is DENIED without prejudice to refiling given Plaintiff's counsel's failure to comply with WJM Revised Practice Standard II.D.2. This Practice Standard requires that the certificate of service for motions of this type specifically confirm that service has been made upon moving counsel's client(s) and, if appropriate, identifies the individual who has received service of the motion on behalf of any party which is not a natural person. SO ORDERED by Judge William J. Martinez on 5/28/2021. Text Only Entry(wjmsec, ) (Entered: 05/28/2021)

May 28, 2021

May 28, 2021

PACER
33

MEMORANDUM regarding 31 MOTION for Extension of Time to File Answer or Otherwise Respond to DCSO Defendants' Motion to Stay filed by A.V.. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 5/28/2021. Text Only Entry (wjmsec, ) (Entered: 05/28/2021)

May 28, 2021

May 28, 2021

PACER
34

Amended MOTION for Extension of Time to File Response/Reply as to 23 MOTION to Dismiss of DCSO Defendants by Plaintiff A.V.. (Herzberg, Arielle) (Entered: 05/28/2021)

May 28, 2021

May 28, 2021

PACER
35

Amended MOTION for Extension of Time to File Response/Reply as to 24 MOTION to Stay Discovery of DSCO Defendants by Plaintiff A.V.. (Herzberg, Arielle) (Entered: 05/28/2021)

May 28, 2021

May 28, 2021

PACER

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

May 28, 2021

May 28, 2021

PACER

Memorandum

May 28, 2021

May 28, 2021

PACER
36

MEMORANDUM regarding 35 Amended MOTION for Extension of Time to File Response/Reply as to 24 MOTION to Stay Discovery of DSCO Defendants filed by A.V.. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 6/2/2021. Text Only Entry (wjmsec, ) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER
37

ORDER granting Plaintiff's Amended Unopposed Motion for an Extension of Time for Plaintiff to Respond to DCSO Defendants' Motion to Dismiss (ECF Doc. 23) 34 . Plaintiff is granted leave, for good cause shown, to file said Response on or before June 14, 2021. SO ORDERED by Judge William J. Martinez on 6/2/2021. Text Only Entry(wjmsec, ) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER
38

ORDER granting 35 Motion for Extension of Time to File Response. Plaintiff may have up to and including June 14, 2021, to file a Response to the Motion to Stay. By Magistrate Judge S. Kato Crews on 6/2/2021. Text Only Entry (skclc1) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER

Memorandum

June 2, 2021

June 2, 2021

PACER

Order on Motion for Extension of Time to File Response/Reply

June 2, 2021

June 2, 2021

PACER
39

Proposed Scheduling Order by Plaintiff A.V.. (Robinson, Jack) (Entered: 06/07/2021)

June 7, 2021

June 7, 2021

PACER
40

CONSENT to Jurisdiction of Magistrate Judge by Plaintiff A.V. All parties do not consent.. (Robinson, Jack) (Entered: 06/07/2021)

June 7, 2021

June 7, 2021

PACER
41

Unopposed MOTION for Extension of Time to File Response/Reply as to 28 MOTION to Dismiss by Douglas County School District by Plaintiff A.V.. (Herzberg, Arielle) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
42

Unopposed MOTION for Leave to File Excess Pages FOR PLAINTIFFS OPPOSITION TO DCSO DEFENDANTS MOTION TO DISMISS by Plaintiff A.V.. (Herzberg, Arielle) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
43

NOTICE re 24 MOTION to Stay Discovery by Defendant Douglas County School District RE-1 (Koonce, M.) (Entered: 06/10/2021)

June 10, 2021

June 10, 2021

PACER
44

ORDER granting Plaintiff's Unopposed Motion for an Extension of Time for Plaintiff to Respond to Douglas County School District RE-1's Motion to Dismiss 41 . The Motion is GRANTED for good cause shown, and Plaintiff is granted leave to file his Response to Douglas County School District RE-1's Motion to Dismiss 28 on or before June 28, 2021. SO ORDERED by Judge William J. Martinez on 6/11/2021. Text Only Entry(wjmlc2) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
45

ORDER granting Plaintiff's Unopposed Motion to Extend Page Limit for Plaintiff's Opposition to DCSO Defendants' Motion to Dismiss 42 . The Motion is GRANTED for good cause shown and Plaintiff is granted leave to file his Response to the DSCO Defendants' Motion to Dismiss 23 not to exceed 25 pages, exclusive of attorney signature blocks and certificate of service. SO ORDERED by Judge William J. Martinez on 6/11/2021. Text Only Entry (wjmlc2) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
46

MINUTE ORDER: In light of the 24 MOTION to Stay Discovery filed by Tony Spurlock, Daniel Coyle, Sidney Nicholson, Lyle Peterson, and the Plaintiff's extended deadline within which to respond, the Court concludes the more prudent course of action is to VACATE the Scheduling Conference pending the resolution of the Motion. The Scheduling Conference will be reset following either an order denying the motion or the resolution of the Motion to Dismiss. SO ORDERED by Magistrate Judge S. Kato Crews on 6/11/2021. Text Only Entry (skclc1) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER

Order on Motion for Extension of Time to File Response/Reply

June 11, 2021

June 11, 2021

PACER

Order on Motion for Leave to File Excess Pages

June 11, 2021

June 11, 2021

PACER

Minute Order

June 11, 2021

June 11, 2021

PACER
47

BRIEF in Opposition to 23 MOTION to Dismiss by DCSO Defendants filed by Plaintiff A.V.. (Herzberg, Arielle) (Entered: 06/14/2021)

June 14, 2021

June 14, 2021

PACER
48

BRIEF in Opposition to 24 MOTION to Stay Discovery filed by Plaintiff A.V.. (Herzberg, Arielle) (Entered: 06/14/2021)

June 14, 2021

June 14, 2021

PACER
49

NOTICE of Supplemental Authorities re: 48 Brief in Opposition to Motion by Plaintiff A.V. (Herzberg, Arielle) (Entered: 06/22/2021)

June 22, 2021

June 22, 2021

PACER
50

Unopposed MOTION for Extension of Time to File Response/Reply as to 23 MOTION to Dismiss by Defendants Daniel Coyle, Sidney Nicholson, Lyle Peterson, Tony Spurlock. (Taggart, Megan) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

PACER
51

BRIEF re 23 MOTION to Dismiss, 28 MOTION to Dismiss Statement of Interest by Amicus United States of America. (Rost, Cheryl) (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

PACER
52

ORDER granting DCSO Defendants' Unopposed Motion for Enlargement of Time to File Reply in Support of Motion to Dismiss 50 . Defendants are granted leave, for good cause shown, to file said Reply on or before July 6, 2021. SO ORDERED by Judge William J. Martinez on 6/25/2021. Text Only Entry(wjmsec, ) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER

Order on Motion for Extension of Time to File Response/Reply

June 25, 2021

June 25, 2021

PACER
53

BRIEF in Opposition to 28 MOTION to Dismiss by Douglas County School District RE-1 filed by Plaintiff A.V.. (Herzberg, Arielle) (Entered: 06/28/2021)

June 28, 2021

June 28, 2021

PACER
54

Unopposed MOTION for Leave to Restrict by Defendants Daniel Coyle, Sidney Nicholson, Lyle Peterson, Tony Spurlock. (Taggart, Megan) (Entered: 06/28/2021)

June 28, 2021

June 28, 2021

PACER
55

RESTRICTED DOCUMENT - Level 1: by Defendants Daniel Coyle, Sidney Nicholson, Lyle Peterson, Tony Spurlock.. (Taggart, Megan) (Entered: 06/28/2021)

June 28, 2021

June 28, 2021

PACER
57

DCOS Defendants' Reply in Support of 24 Motion to Stay Discovery Pending Immunity Determination, filed by Defendants Daniel Coyle, Sidney Nicholson, Lyle Peterson, Tony Spurlock. (Public Entry to 55 Restricted Level 1) Text Only Entry (angar, ) (Entered: 07/01/2021)

June 28, 2021

June 28, 2021

PACER
56

MEMORANDUM regarding 54 Unopposed MOTION for Leave to Restrict filed by Tony Spurlock, Daniel Coyle, Sidney Nicholson, Lyle Peterson. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 6/29/2021. Text Only Entry (wjmsec, ) (Entered: 06/29/2021)

June 29, 2021

June 29, 2021

PACER

Memorandum

June 29, 2021

June 29, 2021

PACER
58

REPLY to Response to 23 MOTION to Dismiss filed by Defendants Daniel Coyle, Sidney Nicholson, Lyle Peterson, Tony Spurlock. (Johnson, Dawn) (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

PACER
59

ORDER granting 54 Motion for Leave to Restrict. Docket entry 55 shall remain under Level 1 restriction. By Magistrate Judge S. Kato Crews on 7/8/2021. Text Only Entry(skclc1) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER

Order on Motion for Leave to Restrict

July 8, 2021

July 8, 2021

PACER
60

REPLY to Response to 28 MOTION to Dismiss filed by Defendant Douglas County School District RE-1. (Koonce, M.) (Entered: 07/12/2021)

July 12, 2021

July 12, 2021

PACER
61

RESPONSE to 51 Brief Statement of Interest of United States by Defendant Tony Spurlock. (Johnson, Dawn) (Entered: 07/15/2021)

July 15, 2021

July 15, 2021

RECAP
62

ORDER: For the reasons stated herein, the 24 Motion to Stay is DENIED. A Telephonic Scheduling Conference is set for 12/2/2021 at 09:30 AM before Magistrate Judge S. Kato Crews. The proposed Scheduling Order shall be filed and emailed in Word format to Crews_Chambers@cod.uscourts.gov seven days in advance. Dial in information for the Scheduling Conference is as follows:CONFERENCE CALL LINE: (888) 251-2909ACCESS CODE: 5662814# SO ORDERED by Magistrate Judge S. Kato Crews on 10/26/2021. Text Only Entry (skclc1) (Entered: 10/26/2021)

Oct. 26, 2021

Oct. 26, 2021

PACER
63

OBJECTION/Appeal of Magistrate Judge Decision to District Court by Defendants Daniel Coyle, Sidney Nicholson, Lyle Peterson, Tony Spurlock. (Johnson, Dawn) (Entered: 11/09/2021)

Nov. 9, 2021

Nov. 9, 2021

PACER
64

NOTICE re 63 OBJECTION/Appeal of Magistrate Judge Decision to District Court by Defendants Daniel Coyle, Sidney Nicholson, Lyle Peterson, Tony Spurlock. Notice to Join Objections by Defendant Douglas County School District RE-1 (Koonce, M.) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
65

RESPONSE to 63 Objection/Appeal of Magistrate Judge Decision Order Denying The Motions to Stay Discovery filed by Plaintiff A.V.. (Herzberg, Arielle) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
66

Proposed Scheduling Order by Plaintiff A.V.. (Robinson, Jack) (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

PACER
67

COURTROOM MINUTES for proceedings held before Magistrate Judge S. Kato Crews: Telephone Scheduling Conference held on 12/2/2021. Discovery due by 7/8/2022. Dispositive Motions due by 8/5/2022. Joint Status Report due by 2/25/2022. Telephone Final Pretrial Conference set for 10/25/2022 10:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. FTR: Courtroom C-201. (amont, ) (Entered: 12/02/2021)

Dec. 2, 2021

Dec. 2, 2021

PACER
68

SCHEDULING ORDER: by Magistrate Judge S. Kato Crews on 12/2/2021. (amont, ) (Entered: 12/02/2021)

Dec. 2, 2021

Dec. 2, 2021

PACER
69

DISCLOSURE OF JUDGE CREWS' BOARD SERVICE WITH MR. FERO issued by by Magistrate Judge S. Kato Crews on 12/2/2021. (Attachments: # 1 Election Form) (skclc1) (Entered: 12/02/2021)

Dec. 2, 2021

Dec. 2, 2021

PACER
70

MOTION to Withdraw as Attorney by Defendants Daniel Coyle, Sidney Nicholson, Lyle Peterson, Tony Spurlock. (Taggart, Megan) (Entered: 12/06/2021)

Dec. 6, 2021

Dec. 6, 2021

PACER
71

MEMORANDUM regarding 70 MOTION to Withdraw as Attorney filed by Tony Spurlock, Daniel Coyle, Sidney Nicholson, Lyle Peterson. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 12/6/2021. Text Only Entry (wjmsec, ) (Entered: 12/06/2021)

Dec. 6, 2021

Dec. 6, 2021

PACER

Memorandum

Dec. 6, 2021

Dec. 6, 2021

PACER
72

ORDER granting 70 Motion to Withdraw as Attorney. Attorney Megan Leigh Taggart is terminated as counsel of record. By Magistrate Judge S. Kato Crews on 12/7/2021. Text Only Entry (skclc1) (Entered: 12/07/2021)

Dec. 7, 2021

Dec. 7, 2021

PACER
73

STATEMENT re 69 Minute Order Election Concerning Possible Basis for Disqualification by Plaintiff A.V.. (Robinson, Jack) (Entered: 12/07/2021)

Dec. 7, 2021

Dec. 7, 2021

PACER
74

STATEMENT re 69 Minute Order Amended Election Concerning Possible Basis for Disqualification by Plaintiff A.V.. (Robinson, Jack) (Entered: 12/07/2021)

Dec. 7, 2021

Dec. 7, 2021

PACER

Order on Motion to Withdraw as Attorney

Dec. 7, 2021

Dec. 7, 2021

PACER
75

MOTION to Withdraw as Attorney by Defendants Daniel Coyle, Sidney Nicholson, Lyle Peterson, Tony Spurlock. (Johnson, Dawn) (Entered: 12/14/2021)

Dec. 14, 2021

Dec. 14, 2021

PACER
76

NOTICE of Entry of Appearance by Asma Kadri Keeler on behalf of All Plaintiffs Attorney Asma Kadri Keeler added to party A.V.(pty:pla) (Keeler, Asma) (Entered: 12/14/2021)

Dec. 14, 2021

Dec. 14, 2021

PACER
77

MEMORANDUM regarding 75 MOTION to Withdraw as Attorney filed by Tony Spurlock, Daniel Coyle, Sidney Nicholson, Lyle Peterson. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 12/16/2021. Text Only Entry (wjmsec, ) (Entered: 12/16/2021)

Dec. 16, 2021

Dec. 16, 2021

PACER

Memorandum

Dec. 16, 2021

Dec. 16, 2021

PACER
78

ORDER granting 75 Motion to Withdraw as Attorney. Attorney Dawn Lynnette Johnson is terminated as counsel of record. By Magistrate Judge S. Kato Crews on 12/22/2021. Text Only Entry(skclc1) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

PACER
79

Stipulated MOTION for Protective Order by Plaintiff A.V.. (Attachments: # 1 Exhibit Proposed Protective Order)(Neel, Sara) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

PACER

Order on Motion to Withdraw as Attorney

Dec. 22, 2021

Dec. 22, 2021

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Policing

Disability Rights

Key Dates

Filing Date: March 9, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A minor student with autism who was arrested at school following a disagreement with a classmate.

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Douglas County School District (Douglas), County

Student Resource Officers (Douglas), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: Unknown

Issues

Disability and Disability Rights:

Autism

Discrimination Basis:

Disability (inc. reasonable accommodations)

Policing:

Excessive force