Case: Siaki v. Darr

1:11-cv-03074 | U.S. District Court for the District of Colorado

Filed Date: Nov. 23, 2011

Closed Date: Sept. 27, 2014

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Case Summary

This case, filed in federal court in 2011 and settled in 2012, addressed the Adams County Sheriff’s Department and its communication with deaf individuals incarcerated in its jail. The case’s complaint described an incident in May 2010 in which law enforcement was called on two individuals engaged in an argument. Neither of the two--who became the case’s individual plaintiffs--could speak, write, or read effectively in English. When Sheriff’s deputies arrived, the plaintiffs were not able to communicate or explain what had happened. The complaint alleged that the deputies failed to provide a sign language interpreter or any other effective auxiliary aid. Instead, one of the individuals was arrested for allegedly hitting the second individual, despite the attempts by both to explain that no violence had occurred. While in custody, the arrestee was required to sign several forms that he did not understand, including a Miranda form acknowledging that he knew his rights. Throughout his 25-day detention at the Adams County Detention Facility, staff failed to provide him with appropriate auxiliary aids or services. He was unable to call anyone, to communicate during his medical intake, or understand why he was being detained.

This lawsuit followed. It was filed November 23, 2011 in the U.S. District Court for the District of Colorado. The two deaf individuals were represented by the Colorado Cross-Disability Coalition. The plaintiffs sued the Sheriff of Adams County in his official capacity under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. They sought declaratory relief, damages, and an injunction requiring the defendant to provide qualified sign language interpreters or other appropriate auxiliary aids or services to ensure effective communication with deaf and hard-of-hearing individuals. On January 26, 2012, the plaintiffs filed an amended complaint that added two additional individual plaintiffs. One was another deaf individual who communicated only through American Sign Language. He was detained at the Adams County Detention Facility for six days and unable to communicate during his detention. The other plaintiff was his aunt. The amended complaint also added the Colorado Association of the Deaf as a plaintiff.

On March 13, 2012, District Judge John L. Kane referred the case to Magistrate Judge Boyd N. Boland. The parties then spent the next several months engaging in settlement conversations. On September 25, they moved to dismiss the case because they had reached a settlement agreement. The agreement required the defendant to change jail policies to ensure that detained individuals who required sign language interpretation knew how to request it. The settlement also required the defendants to provide training for staff, verify and monitor compliance with the agreement, and pay $100,000 to the Colorado Cross-Disability Coalition Legal Program. On September 27, 2012, Judge Kane granted the parties’ motion to dismiss the case and retained jurisdiction to enforce the settlement agreement for two years. There are no further docket entries. The enforcement period was scheduled to end in 2014, so the case is now closed.

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Summary Authors

Gabriela Hybel (1/27/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5263535/parties/siaki-v-darr/

Judge(s)

Boland, Boyd N. (Colorado)

Kane, John L. Jr. (Colorado)

Attorney for Plaintiff

Montoya, Andrew Christopher (Colorado)

Williams, Kevin William (Colorado)

Attorney for Defendant

Miller, Heidi Michelle (Colorado)

Judge(s)

Boland, Boyd N. (Colorado)

Kane, John L. Jr. (Colorado)

Attorney for Plaintiff

Montoya, Andrew Christopher (Colorado)

Williams, Kevin William (Colorado)

Attorney for Defendant

Miller, Heidi Michelle (Colorado)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:11-cv-03074	Docket [PACER]	Sept. 27, 2012	Sept. 27, 2012 Docket
1 1:11-cv-03074	Complaint	Nov. 23, 2011	Nov. 23, 2011 Complaint
6 1:11-cv-03074	Amended Complaint	Jan. 26, 2012	Jan. 26, 2012 Complaint
35 1:11-cv-03074	Settlement Agreement and General Release	Sept. 26, 2012	Sept. 26, 2012 Settlement Agreement
36 1:11-cv-03074	Order Granting Stipulated Motion to Dismiss	Sept. 27, 2012	Sept. 27, 2012 Order/Opinion
30 1:11-cv-03074	Amended Order Denying Preliminary Injunction	Aug. 21, 2020	Aug. 21, 2020 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
White Paper: Effective Communication with Deaf, Hard of Hearing, Blind, and Low Vision Incarcerated People Tessa Bialek and Margo Schlanger	This version of the white paper is screen readable. A large print (but not screen readable) version of the white paper is available here…	July 7, 2022	July 7, 2022 None

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5263535/siaki-v-darr/

Last updated April 15, 2024, 3:23 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Douglas Darr (Filing fee $ 350, Receipt Number 43323) Summons Issued, filed by Timothy Siaki, Kimberlee Moore, Colorado Cross-Disability Coalition. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(lyg, ) (Entered: 11/25/2011) 1 Civil Cover Sheet View on PACER 2 Receipt View on PACER	Nov. 23, 2011	Nov. 23, 2011 PACER
2	SUMMONS Returned Executed by Timothy Siaki, Kimberlee Moore, Colorado Cross-Disability Coalition. Douglas Darr served on 12/1/2011, answer due 12/22/2011. (Williams, Kevin) (Entered: 12/01/2011)	Dec. 1, 2011	Dec. 1, 2011 PACER
3	ANSWER to 1 Complaint by Douglas Darr.(Miller, Heidi) (Entered: 12/21/2011)	Dec. 21, 2011	Dec. 21, 2011 PACER
4	Unopposed MOTION for Leave to File Amended Complaint by Plaintiffs Colorado Cross-Disability Coalition, Kimberlee Moore, Timothy Siaki. (Attachments: # 1 Amended Complaint, # 2 Proposed Order (PDF Only))(Williams, Kevin) (Entered: 01/25/2012) 1 Amended Complaint View on PACER 2 Proposed Order (PDF Only) View on PACER	Jan. 25, 2012	Jan. 25, 2012 PACER
5	MINUTE ORDER granting 4 Motion for Leave to File Amended Complaint by Judge John L. Kane on 1/26/2012.(ervsl, ) (Entered: 01/26/2012)	Jan. 26, 2012	Jan. 26, 2012 RECAP
6	AMENDED COMPLAINT against Douglas Darr, filed by Timothy Siaki, Kimberlee Moore, Colorado Cross-Disability Coalition, Michaelee Owen, Colorado Association of the Deaf, Jeanine Roybal.(ervsl, ) (Entered: 01/26/2012)	Jan. 26, 2012	Jan. 26, 2012 RECAP
7	STIPULATION for Extension of Time to SUBMIT DISCLOSURES by Plaintiffs Colorado Association of the Deaf, Colorado Cross-Disability Coalition, Kimberlee Moore, Michaelee Owen, Jeanine Roybal, Timothy Siaki, Defendant Douglas Darr. (Attachments: # 1 Proposed Order (PDF Only))(Williams, Kevin) (Modified on 2/2/2012 Motin has been termed pursuant to Judges Chambers as this is a Stipulation)(ervsl, ). (Entered: 02/01/2012) 1 Proposed Order (PDF Only) View on PACER	Feb. 1, 2012	Feb. 1, 2012 PACER
8	CORPORATE DISCLOSURE STATEMENT of Plaintiff Colorado Cross-Disability Coalition by Plaintiffs Colorado Association of the Deaf, Colorado Cross-Disability Coalition, Kimberlee Moore, Michaelee Owen, Jeanine Roybal, Timothy Siaki.. (Williams, Kevin) (Entered: 02/02/2012)	Feb. 2, 2012	Feb. 2, 2012 PACER
9	CORPORATE DISCLOSURE STATEMENT of Plaintiff Colorado Association of the Deaf by Plaintiffs Colorado Association of the Deaf, Colorado Cross-Disability Coalition, Kimberlee Moore, Michaelee Owen, Jeanine Roybal, Timothy Siaki.. (Williams, Kevin) (Entered: 02/02/2012)	Feb. 2, 2012	Feb. 2, 2012 PACER
10	ANSWER to 6 Amended Complaint by Douglas Darr.(Miller, Heidi) (Entered: 02/09/2012)	Feb. 9, 2012	Feb. 9, 2012 PACER
11	MINUTE ORDER Setting Scheduling Conference for 4/10/2012 at 10:30 AM in Courtroom A 802 before Judge John L. Kane, by Judge John L. Kane on 03/13/2012. (wjc, ) (Entered: 03/13/2012)	March 13, 2012	March 13, 2012 PACER
12	ORDER REFERRING CASE to United States Magistrate Judge Boyd N. Boland to provide an Early Neutral Evaluation of this case, by Judge John L. Kane on 3/13/2012. (ervsl, ) (Entered: 03/13/2012)	March 13, 2012	March 13, 2012 PACER
13	Stipulated MOTION for Protective Order by Plaintiffs Colorado Association of the Deaf, Colorado Cross-Disability Coalition, Kimberlee Moore, Michaelee Owen, Jeanine Roybal, Timothy Siaki, Defendant Douglas Darr. (Williams, Kevin) (Entered: 03/15/2012)	March 15, 2012	March 15, 2012 PACER
14	MINUTE ORDER : Telephonic Status Conference set for 4/12/2012 10:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 3/22/12. (bnbcd, ) (Entered: 03/23/2012)	March 22, 2012	March 22, 2012 PACER
15	Stipulation and PROTECTIVE ORDER by Judge John L. Kane on 03/26/12. (jjhsl, ) (Entered: 03/26/2012)	March 26, 2012	March 26, 2012 RECAP
16	Proposed Scheduling Order by Plaintiffs Colorado Association of the Deaf, Colorado Cross-Disability Coalition, Kimberlee Moore, Michaelee Owen, Jeanine Roybal, Timothy Siaki, Defendant Douglas Darr. (Williams, Kevin) (Entered: 04/03/2012)	April 3, 2012	April 3, 2012 PACER
17	Proposed Scheduling Order Amended by Plaintiffs Colorado Association of the Deaf, Colorado Cross-Disability Coalition, Kimberlee Moore, Michaelee Owen, Jeanine Roybal, Timothy Siaki, Defendant Douglas Darr. (Williams, Kevin) (Entered: 04/10/2012)	April 10, 2012	April 10, 2012 PACER
18	AMENDED STIPULATED SCHEDULING AND DISCOVERY ORDER Discovery due by 1/18/2013. Dispositive Motions due by 2/18/2013 by Judge John L. Kane on 04/10/12. (jjhsl, ) (Entered: 04/10/2012)	April 10, 2012	April 10, 2012 PACER
19	MINUTE ENTRY for Scheduling Conference proceedings held before Judge John L. Kane 4/10/2012. Counsel will submit an AMENDED Scheduling and Discovery Order.(Court Reporter: Tamara Hoffschildt)(babia) (Entered: 04/11/2012)	April 10, 2012	April 10, 2012 PACER
20	MINUTE ENTRY for proceedings held before Magistrate Judge Boyd N. Boland: Status Conference held on 4/12/2012. Neutral Evaluation/Settlement Conference set for 6/14/2012 01:30 PM before Magistrate Judge Boyd N. Boland. (FTR: G.Mattei) (bnbcd, ) (Entered: 04/12/2012)	April 12, 2012	April 12, 2012 PACER
21	MINUTE ORDER : Neutral Evaluation/Settlement Conference set for 6/14/2012 01:30 PM before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 4/12/12. (bnbcd, ) (Entered: 04/12/2012)	April 12, 2012	April 12, 2012 PACER
22	NOTICE of Withdrawal of Sixth Affirmative Defense by Defendant Douglas Darr (Miller, Heidi) (Entered: 06/05/2012)	June 5, 2012	June 5, 2012 PACER
23	Unopposed MOTION to Vacate Settlement Conference, Unopposed MOTION to Reset Settlement Conference by Plaintiffs Colorado Association of the Deaf, Colorado Cross-Disability Coalition, Kimberlee Moore, Michaelee Owen, Jeanine Roybal, Timothy Siaki. (Attachments: # 1 Proposed Order (PDF Only))(Williams, Kevin) (Entered: 06/11/2012) 1 Proposed Order (PDF Only) View on PACER	June 11, 2012	June 11, 2012 PACER
24	MEMORANDUM regarding 23 Unopposed MOTION to Vacate Settlement ConferenceUnopposed MOTION to Reset Settlement Conference filed by Jeanine Roybal, Kimberlee Moore, Michaelee Owen, Colorado Cross-Disability Coalition, Timothy Siaki, Colorado Association of the Deaf. Motion referred to Magistrate Judge Boyd N. Boland by Judge John L. Kane on 06/11/12. Text Only Entry (jlksec) (Entered: 06/11/2012)	June 11, 2012	June 11, 2012 PACER
25	Minute ORDER granting 23 Unopposed Motion to Vacate and Reset Settlement Conference. Neutral evaluation/Settlement Conference reset for 7/18/2012 at 02:00 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 6/11/12.(lygsl, ) (Entered: 06/11/2012)	June 11, 2012	June 11, 2012 RECAP
26	Stipulated MOTION to Amend/Correct/Modify 18 Scheduling Order Regarding Expert Witness Deadlines by Plaintiffs Colorado Association of the Deaf, Colorado Cross-Disability Coalition, Kimberlee Moore, Michaelee Owen, Jeanine Roybal, Timothy Siaki, Defendant Douglas Darr. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Williams, Kevin) (Entered: 07/03/2012) 1 Proposed Order (PDF Only) Proposed Order View on PACER	July 3, 2012	July 3, 2012 PACER
27	MEMORANDUM regarding 26 Stipulated MOTION to Amend/Correct/Modify 18 Scheduling Order Regarding Expert Witness Deadlines filed by Jeanine Roybal, Kimberlee Moore, Michaelee Owen, Colorado Cross-Disability Coalition, Timothy Siaki, Colorado Association of the Deaf, Douglas Darr. Motions referred to Magistrate Judge Boyd N. Boland by Judge John L. Kane on 7/5/12. Text Only Entry (lygsl, ) (Entered: 07/05/2012)	July 5, 2012	July 5, 2012 PACER
28	MINUTE ORDER: 26 Stipulated Motion to Amend Scheduling Order Regarding Expert Witnes Disclosure Deadline is GRANTED. by Magistrate Judge Boyd N. Boland on 7/6/12.(bnbcd, ) (Entered: 07/06/2012)	July 6, 2012	July 6, 2012 RECAP
29	MINUTE ENTRY for proceedings held before Magistrate Judge Boyd N. Boland: Settlement Conference held on 7/18/2012, no settlement was reached. (bnbcd, ) Modified on 7/24/2012 to reflect correct date of hearing (bnbcd, ). (Entered: 07/19/2012)	July 18, 2012	July 18, 2012 PACER
30	MINUTE ORDER: Parties shall submit a confidential status report on or before 8/20/12 re: settlement efforts. by Magistrate Judge Boyd N. Boland on 7/19/12. (bnbcd, ) (Entered: 07/19/2012)	July 19, 2012	July 19, 2012 PACER
31	Stipulated MOTION to Amend/Correct/Modify 18 Scheduling Order Regarding Expert Witness Disclosure Deadline by Plaintiffs Colorado Association of the Deaf, Colorado Cross-Disability Coalition, Kimberlee Moore, Michaelee Owen, Jeanine Roybal, Timothy Siaki, Defendant Douglas Darr. (Attachments: # 1 Proposed Order (PDF Only))(Williams, Kevin) (Entered: 08/23/2012) 1 Proposed Order (PDF Only) View on PACER	Aug. 23, 2012	Aug. 23, 2012 PACER
32	MINUTE ORDER: Parties shall file a Stipulation or Motion to Dismiss on or before 9/25/2012. by Magistrate Judge Boyd N. Boland on 9/4/12. (bnbcd, ) (Entered: 09/04/2012)	Sept. 4, 2012	Sept. 4, 2012 PACER
33	ORDER Regarding Stipulated Motion to Amend Scheduling Order Regarding Expert Witness Disclosure Deadline granting 31 Motion to Amend/Correct/Modify, by Judge John L. Kane on 9/7/12.(sgrim) (Entered: 09/07/2012)	Sept. 7, 2012	Sept. 7, 2012 RECAP
34	Stipulated MOTION to Dismiss by Plaintiffs Colorado Association of the Deaf, Colorado Cross-Disability Coalition, Kimberlee Moore, Michaelee Owen, Jeanine Roybal, Timothy Siaki, Defendant Douglas Darr. (Attachments: # 1 Proposed Order (PDF Only))(Williams, Kevin) (Entered: 09/25/2012) 1 Proposed Order (PDF Only) View on PACER	Sept. 25, 2012	Sept. 25, 2012 PACER
35	Exhibits in Support of 34 Stipulated MOTION to Dismiss Exhibit A Settlement Agreement by Plaintiffs Colorado Association of the Deaf, Colorado Cross-Disability Coalition, Kimberlee Moore, Michaelee Owen, Jeanine Roybal, Timothy Siaki. (Williams, Kevin) (Entered: 09/26/2012)	Sept. 26, 2012	Sept. 26, 2012 PACER
36	ORDER Granting 34 Stipulated Motion to Dismiss. IT IS ORDERED that the Court will retain jurisdiction to enforce the terms of the Parties' Settlement Agreement. FURTHER ORDERED that the Parties shall bear their attorney fees and costs as provided in the Settlement Agreement, by Judge John L. Kane on 9/27/12.(sgrim) (Entered: 09/27/2012)	Sept. 27, 2012	Sept. 27, 2012 RECAP