Case: Hurtado v. Reno

1:98-cv-01865 | U.S. District Court for the District of Colorado

Filed Date: Aug. 27, 1998

Closed Date: Feb. 3, 1999

Clearinghouse coding complete

Case Summary

On August 27 1998, a deaf alien awaiting deportation as an aggravated felon, filed a class action lawsuit in the United States District Court for the District of Colorado on behalf of all deaf prisoners held at the Wackenhut Correctional Corporation, United States Immigration and Naturalization Detention Facility. Plaintiff sought declaratory and injunctive relief to remedy the conditions of confinement. He asserted violations of the Constitution, the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973.

While the case was pending, the plaintiff was deported his native Mexico. The government then moved to dismiss the case for lack of jurisdiction and failure to state a claim. The District Court (Judge John L. Kane) granted the government's motion and dismissed the action. Hurtado v. Reno, 34 F. Supp 2d.1261, 3 (D.C. Colo. 1999). The case was closed on February 3, 1999.

Summary Authors

Miles Chan (7/5/2007)

People


Judge(s)

Kane, John L. Jr. (Colorado)

Attorneys(s) for Plaintiff

Salvator, Jim (Colorado)

Attorneys(s) for Defendant

Hegarty, Michael E. (Colorado)

Judge(s)

Kane, John L. Jr. (Colorado)

Attorneys(s) for Plaintiff

Salvator, Jim (Colorado)

Attorneys(s) for Defendant

Hegarty, Michael E. (Colorado)

Documents in the Clearinghouse

Document

Docket

Feb. 4, 1999 Docket
21

Opinion

34 F.Supp.2d 1261

Feb. 3, 1999 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

MOTION by plaintiff to proceed Under 28 U.S.C. 1915 (former empl) (Entered: 08/28/1998)

Aug. 27, 1998
2

ORDER by Judge John L. Kane directing clerk to commence action & granting motion to proceed Under 28 U.S.C. 1915 [1-1] (cc: pla's counsel via hand delivery); entry date 8/28/98 (former empl) (Entered: 08/28/1998)

Aug. 27, 1998
3

Class Action COMPLAINT (Summons(es) issued); jury demand (former empl) (Entered: 08/28/1998)

Aug. 27, 1998
5

COURTROOM MINUTES by Judge John L. Kane denying motion for temporary restraining order granting Daniel Hurtado release on pr bond [4-1]; add atty for defendants, Michael E. Hegarty ; entry date: 8/28/98; Court Reporter: Gwen Daniel (former empl) (Entered: 08/28/1998)

Aug. 27, 1998
6

Government's MOTION (by defendants) to dismiss (former empl) (Entered: 09/15/1998)

Sept. 11, 1998
7

MINUTE ORDER by Judge John L. Kane denying motion to dismiss [6- 1] for failure to comply with local rule 7.1A (cc: all counsel); entry date: 9/15/98 (former empl) (Entered: 09/15/1998)

Sept. 14, 1998
8

Government's Renewed MOTION (by defendants) to dismiss (former empl) (Entered: 09/16/1998)

Sept. 15, 1998
9

MINUTE ORDER by Judge John L. Kane regarding [8-1] motion to dismiss, pla's response due on or before 9/28/98 (cc: all counsel) ; entry date : 9/16/98 (former empl) (Entered: 09/16/1998)

Sept. 16, 1998
10

MOTION by plaintiff Daniel Hurtado to certify class action (former empl) (Entered: 09/29/1998)

Sept. 28, 1998
11

RESPONSE by plaintiff to motion to dismiss [8-1] (former empl) (Entered: 09/29/1998)

Sept. 28, 1998
12

MINUTE ORDER by Judge John L. Kane regarding [10-1] motion to certify class action, dfts shall respond on or before 10/8/98 (cc: all counsel); entry date: 10/1/98 (former empl) (Entered: 10/01/1998)

Sept. 29, 1998
13

MOTION by Celeste Ferguson to intervene as named plaintiff (former empl) (Entered: 10/01/1998)

Oct. 1, 1998
14

AMENDED Class Action COMPLAINT [3-1]; adding Michael Comfort, Michael (I) Comfort (former empl) (Entered: 10/01/1998)

Oct. 1, 1998
15

MINUTE ORDER by Judge John L. Kane regarding [13-1] motion to intervene as named plaintiff, government to respond on or before 10/12/98 (cc: all counsel); entry date: 10/2/98 (former empl) (Entered: 10/02/1998)

Oct. 1, 1998
16

Objection (RESPONSE) by defendants to motion to certify class action [10-1] (former empl) (Entered: 10/09/1998)

Oct. 7, 1998
17

MOTION by defendant Janet Reno, defendant Janet (I) Reno, defendant Joseph Greene, defendant Joseph (I) Greene, defendant Michael Comfort, defendant Michael (I) Comfort to dismiss amended complaint , or to strike amended complaint (former empl) (Entered: 10/14/1998)

Oct. 13, 1998
18

SUPPLEMENT by defendant motion to intervene response [17-1] (former empl) (Entered: 10/16/1998)

Oct. 14, 1998
19

ORDER by Judge John L. Kane regarding [17-1] motion to dismiss amended complaint, regarding [17-2] motion to strike amended complaint, pla shall respond on or before 11/2/98, dft shall reply on or before 11/10/98; denying motion to intervene as named plaintiff [13-1]; denying motion to certify class action [10-1]; (finding the motion to dismiss [8-1] moot) (cc: all counsel); entry date: 10/23/98 (former empl) (Entered: 10/23/1998)

Oct. 22, 1998
20

Revised RESPONSE by plaintiff to motion to dismiss amended complaint [17-1] (former empl) (Entered: 11/03/1998)

Nov. 2, 1998
21

ORDER by Judge John L. Kane granting motion to dismiss amended complaint [17-1], denying motion to strike amended complaint [17-2] as moot, DISMISSING AMENDED CLASS ACTION [14-1] COMPLAINT w/prej; dismissing case (cc: all counsel) ; entry date : 2/4/99 (former empl) (Entered: 02/04/1999)

Feb. 3, 1999

State / Territory: Colorado

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Aug. 27, 1998

Closing Date: Feb. 3, 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of deaf aliens awaiting deportation at the Wackenhut Correctional Corporation, United States Immigration and Naturalization Detention Facility.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

United States, District Attorney, Immigration and Naturalization Service, Federal

Case Details

Causes of Action:

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

Ex Parte Young (Federal) or Bivens

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Immigration/Border:

Constitutional rights

Detention - conditions

Detention - procedures