Case: Epps v. City and County of Denver

1:20-cv-01878 | U.S. District Court for the District of Colorado

Filed Date: June 25, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This lawsuit was filed on June 25, 2020, in the U.S. District Court for the District of Colorado. The suit responded to police tactics used on protesters in May and June of 2020, after police killed George Floyd. Represented by private counsel (Arnold & Porter Kaye Scholer, LLP) and ACLU attorneys, plaintiffs in this case were Black Lives Matter 5280, a Denver-based chapter of Black Lives Matter, and nine individual plaintiffs. They brought this suit against the city and county of Denver, offic…

This lawsuit was filed on June 25, 2020, in the U.S. District Court for the District of Colorado. The suit responded to police tactics used on protesters in May and June of 2020, after police killed George Floyd. Represented by private counsel (Arnold & Porter Kaye Scholer, LLP) and ACLU attorneys, plaintiffs in this case were Black Lives Matter 5280, a Denver-based chapter of Black Lives Matter, and nine individual plaintiffs. They brought this suit against the city and county of Denver, officers of the Denver Police Department (DPD), and officers of the Colorado State Patrol (CSP).

The plaintiffs alleged that the city and state police used a number of less-lethal weapons on them as they were peacefully protesting, including but not limited to tear gas, smoke canisters, rubber bullets, foam bullets, pepper balls, flash bang and rubber-pellet grenades, and pepper spray. According to the plaintiffs, these actions constituted various constitutional violations. They alleged that the defendants violated the plaintiffs' rights to free speech, free assembly, and freedom to petition under the First Amendment. The plaintiffs also alleged that defendants' actions violated the Fourth and Fourteenth Amendments' prohibitions on unreasonable seizures and excessive use of force. The plaintiffs sought declaratory relief stating that defendants' actions were illegal, injunctive relief to prohibit defendants from engaging in the same behavior, and compensatory and punitive money damages. They also sought costs and attorney's fees.

The case was assigned to Magistrate Judge Michael E. Hegarty. However, on July 31 the case was reassigned to Judge R. Brooke Jackson.

Several days later, the Court ordered that this case and a related case, Cruz v. County of Denver, be consolidated. The actions were consolidated under this docket.  

On October 28, 2020, the Court consolidated another recently filed case—Acker v. City and County of Denver—with this case. In Acker, filed on October 22, 2020, another individual who participated in protests in Denver following the death of George Floyd sued the City and County of Denver, the Denver Chief of Police, and five Denver police officers under 42 U.S.C. § 1983. He alleged that while assisting other protesters who had just been pepper-sprayed and hit with projectiles, he was hit with a 40mm round in the eye. Similar to the complaint in this case, the individual alleged that the defendants violated his rights to free speech and free assembly under the First Amendment, unlawfully retaliated against him for exercising his First Amendment rights, and used excessive force in violation of the Fourth and Fourteenth Amendment. 

On June 28, 2021, the court granted in part plaintiffs' motion for class certification. 338 F.R.D. 506. Although the court denied certification for the "direct force" class (which hoped to consist of people subjected to excessive force, but now plaintiffs must proceed individually), the court did certify the Arrest Class. The Arrest Class consisted of "[p]rotesters who, between May 30 and June 5, 2020, were arrested for violation of D.R.M.C. 1-13 (emergency curfew) or D.R.M.C. 38-31(c) (failure to obey lawful order) and were not charged with any other violations, and whose charges were dismissed."

On the same day the court granted class certification in part, it severed plaintiff Acker from the action. The court also granted plaintiffs Black Lives Matter 5280's and Apryl Alexander's motion to withdraw from the action. The case caption was updated to Epps v. City and County of Denver. The new mix of plaintiffs filed a second amended class action complaint September 15, 2021, removing allegations regarding Acker and Black Lives Matter 5280. Loevy & Loevy joined this litigation in representing the plaintiffs when the second amended complaint was filed.

A few months later, on November 23, 2021, plaintiffs filed a third amended class action complaint that added two deputies from Jeffco and the City of Aurora as defendants. But the Jeffco defendants were granted summary judgment on February, 22, 2022. 2022 WL 523431.

On March 1, 2022, the court ruled on another motion for summary judgment filed by the defendants. 588 F.Supp.3d 1164. Although it granted summary judgment on two counts, the court found that the majority of plaintiffs claims presented a genuine dispute of material fact. Nonetheless, the court granted defendants' motion for summary judgment as to a single deputy and the class action fourth amendment claim.

After a three-week trial the non-class claims, a jury found for the plaintiffs on all counts and awarded $14 million in damages on March 25, 2022. The verdict found the city of Denver responsible for DPD's First and Fourth Amendment violations against protestors. The court entered this judgement on April 15.

This case is on-going pending a trial for the Arrest Class. A five-day trial was set to commence on April 24, 2023.

On May 13, 2022, the defendants filed motions for judgment as a matter of law, or a new trial, or remittitur. On September 19, 2022, the court denied the motion as to defendant Denver and granted in part as to defendant Jonathan Christian, an individual defendant. The court did not find merit in any of the arguments that the defendant Denver put forth. The court did find that remittitur was appropriate as to the punitive damages awarded against defendant Christian. The court found the punitive damages excessive because defendant Christian had caused minimal damage to plaintiff Epps in light of the other injuries she suffered and so $250,000 in punitive damages was deemed excessive. The court remitted the award to $50,000. 

On September 23, 2022, the court granted in part and denied in part the motion for summary judgment brought by the Aurora defendants. The motion was only granted as to the claims against Sergeant Brukbacher, Mr. Packard and Mr. Duran’s First Amendment claims, and the plaintiffs’ failure to intervene claims. The claims against Sergeant Brukbacher were dismissed because there was no dispute of material fact that this defendant had been involved in the shooting of one of the plaintiffs. The First Amendment claims were dismissed because the plaintiffs’ argument that the kicking of the tear gas canister away was a form of protest protected under the First Amendment was not valid. Lastly the failure to intervene claims were dismissed because the plaintiffs had failed to specify which individual defendants were at fault for failing to intervene.  2022 WL 21727363.

On October 13, 2022, the plaintiffs filed notice that they accepted the remittance of damages. 

On October 24, 2022, the defendants who weren’t granted summary judgment appealed the court’s September 23 order. 

On December 30, 2022, the court awarded the Fitouri plaintiffs $1,193,071 in attorney’s fees, $22,713.16 in costs, and no prejudgment interest. The Court awarded the Epps plaintiffs $1,663,232 in attorney’s fees, $72,345.90 in costs, and no prejudgment interest with the exception that it awarded prejudgment interest to plaintiff Zachary Packard on the $181,000 economic damage component of his damages at the applicable federal post-judgment rate from May 31, 2020 to the date when the Court entered its final judgment.

On August 29, 2023, the Curfew Arrest Class plaintiffs filed a motion for preliminary approval of their settlement agreement with the city of Denver. In the agreement the city agreed to pay a total of $4,720,000.00. The court granted the motion the next day. On October 10, 2023, the same plaintiffs filed a motion for attorneys fees. 

On November 14, 2023, the Tenth Circuit Court of Appeals affirmed the district court’s order on the motion for summary judgment. 86 F.4th 859.

On November 20, 2023, the court granted final approval of the settlement agreement. 

As of December 15, 2023, this case was ongoing.

 

Summary Authors

Jack Hibbard (9/29/2020)

Emily Kempa (1/2/2021)

Jordan Katz (3/28/2022)

Jordan Katz (4/28/2022)

Rhea Sharma (1/11/2024)

Related Cases

Abay v. Denver, District of Colorado (2020)

Cruz v. Denver, District of Colorado (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17303158/parties/epps-v-city-and-county-of-denver/


Judge(s)
Attorney for Plaintiff

Allison, Reid (Colorado)

Anderson, Robert Reeves (Colorado)

Aro, Edwin P. (Colorado)

Bailey, Leslie C. (District of Columbia)

Attorney for Defendant
Expert/Monitor/Master/Other

Baumgartner, Stephen B. (Colorado)

Judge(s)

Jackson, Richard Brooke (Colorado)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

1:20-cv-01878

Docket [PACER]

Black Lives Matter 5280 v. Denver

Oct. 15, 2021

Oct. 15, 2021

Docket
1

1:20-cv-01878

Complaint

Black Lives Matter 5280 v. City and County of Denver

June 25, 2020

June 25, 2020

Complaint
127

1:20-cv-01878

Order on Fitouri Plaintiffs' Motion for Class Certification

Black Lives Matter 5280 v. City and County of Denver

June 28, 2021

June 28, 2021

Order/Opinion

338 F.R.D. 338

1:20-cv-01878

Expert Report of Norman Stamper

July 29, 2021

July 29, 2021

Monitor/Expert/Receiver Report

1:20-cv-01878

Expert Report of Dr. Edward R. Maguire

Aug. 2, 2021

Aug. 2, 2021

Monitor/Expert/Receiver Report
153

1:20-cv-01878

Second Amended Class Action Complaint and Jury Demand

Fitouri v. City and County of Denver

Sept. 15, 2021

Sept. 15, 2021

Pleading / Motion / Brief
178

1:20-cv-01878

First Amended Complaint

Oct. 19, 2021

Oct. 19, 2021

Complaint
219

1:20-cv-01878

Third Amended Class Action Complaint and Jury Demand

Fitouri v. City and County of Denver

Nov. 23, 2021

Nov. 23, 2021

Complaint

1:20-cv-01878

Rebuttal Expert Report of Dr. Edwards R. Maguire

Dec. 21, 2021

Dec. 21, 2021

Monitor/Expert/Receiver Report

1:20-cv-01878

Rebuttal Expert Report of Norman Stamper

Dec. 22, 2021

Dec. 22, 2021

Monitor/Expert/Receiver Report

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17303158/epps-v-city-and-county-of-denver/

Last updated March 19, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $ 400,Receipt Number 1082-7357861)Attorney Timothy R. Macdonald added to party Apryl Alexander(pty:pla), Attorney Timothy R. Macdonald added to party Black Lives Matter 5280(pty:pla), Attorney Timothy R. Macdonald added to party Amanda Blasingame(pty:pla), Attorney Timothy R. Macdonald added to party Elisabeth Epps(pty:pla), Attorney Timothy R. Macdonald added to party Cidney Fisk(pty:pla), Attorney Timothy R. Macdonald added to party Hollis Lyman(pty:pla), Attorney Timothy R. Macdonald added to party Zach Packard(pty:pla), Attorney Timothy R. Macdonald added to party Phillip Rothlein(pty:pla), Attorney Timothy R. Macdonald added to party Stanford Smith(pty:pla), Attorney Timothy R. Macdonald added to party Ashlee Wedgeworth(pty:pla), filed by Phillip Rothlein, Elisabeth Epps, Zach Packard, Cidney Fisk, Apryl Alexander, Hollis Lyman, Ashlee Wedgeworth, Black Lives Matter 5280, Stanford Smith, Amanda Blasingame. (Attachments: # 1 Summons, # 2 Civil Cover Sheet)(Macdonald, Timothy) (Entered: 06/25/2020)

1 Summons

View on PACER

2 Civil Cover Sheet

View on PACER

June 25, 2020

June 25, 2020

Clearinghouse
2

CORPORATE DISCLOSURE STATEMENT. (Macdonald, Timothy) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
3

NOTICE OF CASE ASSOCIATION by Timothy R. Macdonald on behalf of All Plaintiffs (Macdonald, Timothy) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
4

NOTICE of Entry of Appearance of Mark Silverstein by Mark Silverstein on behalf of All Plaintiffs Attorney Mark Silverstein added to party Apryl Alexander(pty:pla), Attorney Mark Silverstein added to party Black Lives Matter 5280(pty:pla), Attorney Mark Silverstein added to party Amanda Blasingame(pty:pla), Attorney Mark Silverstein added to party Elisabeth Epps(pty:pla), Attorney Mark Silverstein added to party Cidney Fisk(pty:pla), Attorney Mark Silverstein added to party Hollis Lyman(pty:pla), Attorney Mark Silverstein added to party Zach Packard(pty:pla), Attorney Mark Silverstein added to party Phillip Rothlein(pty:pla), Attorney Mark Silverstein added to party Stanford Smith(pty:pla), Attorney Mark Silverstein added to party Ashlee Wedgeworth(pty:pla) (Silverstein, Mark) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
5

NOTICE of Entry of Appearance Sara R. Neel by Sara R. Neel on behalf of All Plaintiffs Attorney Sara R. Neel added to party Apryl Alexander(pty:pla), Attorney Sara R. Neel added to party Black Lives Matter 5280(pty:pla), Attorney Sara R. Neel added to party Amanda Blasingame(pty:pla), Attorney Sara R. Neel added to party Elisabeth Epps(pty:pla), Attorney Sara R. Neel added to party Cidney Fisk(pty:pla), Attorney Sara R. Neel added to party Hollis Lyman(pty:pla), Attorney Sara R. Neel added to party Zach Packard(pty:pla), Attorney Sara R. Neel added to party Phillip Rothlein(pty:pla), Attorney Sara R. Neel added to party Stanford Smith(pty:pla), Attorney Sara R. Neel added to party Ashlee Wedgeworth(pty:pla) (Neel, Sara) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
6

NOTICE of Entry of Appearance of Arielle K. Herzberg by Arielle Kay Herzberg on behalf of All Plaintiffs Attorney Arielle Kay Herzberg added to party Apryl Alexander(pty:pla), Attorney Arielle Kay Herzberg added to party Black Lives Matter 5280(pty:pla), Attorney Arielle Kay Herzberg added to party Amanda Blasingame(pty:pla), Attorney Arielle Kay Herzberg added to party Elisabeth Epps(pty:pla), Attorney Arielle Kay Herzberg added to party Cidney Fisk(pty:pla), Attorney Arielle Kay Herzberg added to party Hollis Lyman(pty:pla), Attorney Arielle Kay Herzberg added to party Zach Packard(pty:pla), Attorney Arielle Kay Herzberg added to party Phillip Rothlein(pty:pla), Attorney Arielle Kay Herzberg added to party Stanford Smith(pty:pla), Attorney Arielle Kay Herzberg added to party Ashlee Wedgeworth(pty:pla) (Herzberg, Arielle) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
7

Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry. (agarc, ) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
8

SUMMONS issued by Clerk. (Attachments: # 1 Magistrate Judge Consent Form) (agarc, ) (Entered: 06/25/2020)

1 Magistrate Judge Consent Form

View on PACER

June 25, 2020

June 25, 2020

PACER
9

NOTICE of Entry of Appearance by Matthew J. Douglas on behalf of All Plaintiffs Attorney Matthew J. Douglas added to party Apryl Alexander(pty:pla), Attorney Matthew J. Douglas added to party Black Lives Matter 5280(pty:pla), Attorney Matthew J. Douglas added to party Amanda Blasingame(pty:pla), Attorney Matthew J. Douglas added to party Elisabeth Epps(pty:pla), Attorney Matthew J. Douglas added to party Cidney Fisk(pty:pla), Attorney Matthew J. Douglas added to party Hollis Lyman(pty:pla), Attorney Matthew J. Douglas added to party Zach Packard(pty:pla), Attorney Matthew J. Douglas added to party Phillip Rothlein(pty:pla), Attorney Matthew J. Douglas added to party Stanford Smith(pty:pla), Attorney Matthew J. Douglas added to party Ashlee Wedgeworth(pty:pla) (Douglas, Matthew) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
10

NOTICE of Entry of Appearance by Robert Reeves Anderson on behalf of All Plaintiffs Attorney Robert Reeves Anderson added to party Apryl Alexander(pty:pla), Attorney Robert Reeves Anderson added to party Black Lives Matter 5280(pty:pla), Attorney Robert Reeves Anderson added to party Amanda Blasingame(pty:pla), Attorney Robert Reeves Anderson added to party Elisabeth Epps(pty:pla), Attorney Robert Reeves Anderson added to party Cidney Fisk(pty:pla), Attorney Robert Reeves Anderson added to party Hollis Lyman(pty:pla), Attorney Robert Reeves Anderson added to party Zach Packard(pty:pla), Attorney Robert Reeves Anderson added to party Phillip Rothlein(pty:pla), Attorney Robert Reeves Anderson added to party Stanford Smith(pty:pla), Attorney Robert Reeves Anderson added to party Ashlee Wedgeworth(pty:pla) (Anderson, Robert) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
11

NOTICE of Entry of Appearance by Edwin Packard Aro on behalf of All Plaintiffs Attorney Edwin Packard Aro added to party Apryl Alexander(pty:pla), Attorney Edwin Packard Aro added to party Black Lives Matter 5280(pty:pla), Attorney Edwin Packard Aro added to party Amanda Blasingame(pty:pla), Attorney Edwin Packard Aro added to party Elisabeth Epps(pty:pla), Attorney Edwin Packard Aro added to party Cidney Fisk(pty:pla), Attorney Edwin Packard Aro added to party Hollis Lyman(pty:pla), Attorney Edwin Packard Aro added to party Zach Packard(pty:pla), Attorney Edwin Packard Aro added to party Phillip Rothlein(pty:pla), Attorney Edwin Packard Aro added to party Stanford Smith(pty:pla), Attorney Edwin Packard Aro added to party Ashlee Wedgeworth(pty:pla) (Aro, Edwin) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

RECAP
12

NOTICE of Entry of Appearance by Anya Amalia Havriliak on behalf of All Plaintiffs Attorney Anya Amalia Havriliak added to party Apryl Alexander(pty:pla), Attorney Anya Amalia Havriliak added to party Black Lives Matter 5280(pty:pla), Attorney Anya Amalia Havriliak added to party Amanda Blasingame(pty:pla), Attorney Anya Amalia Havriliak added to party Elisabeth Epps(pty:pla), Attorney Anya Amalia Havriliak added to party Cidney Fisk(pty:pla), Attorney Anya Amalia Havriliak added to party Hollis Lyman(pty:pla), Attorney Anya Amalia Havriliak added to party Zach Packard(pty:pla), Attorney Anya Amalia Havriliak added to party Phillip Rothlein(pty:pla), Attorney Anya Amalia Havriliak added to party Stanford Smith(pty:pla), Attorney Anya Amalia Havriliak added to party Ashlee Wedgeworth(pty:pla) (Havriliak, Anya) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
13

NOTICE of Entry of Appearance by Colin Michael O'Brien on behalf of All Plaintiffs Attorney Colin Michael O'Brien added to party Apryl Alexander(pty:pla), Attorney Colin Michael O'Brien added to party Black Lives Matter 5280(pty:pla), Attorney Colin Michael O'Brien added to party Amanda Blasingame(pty:pla), Attorney Colin Michael O'Brien added to party Elisabeth Epps(pty:pla), Attorney Colin Michael O'Brien added to party Cidney Fisk(pty:pla), Attorney Colin Michael O'Brien added to party Hollis Lyman(pty:pla), Attorney Colin Michael O'Brien added to party Zach Packard(pty:pla), Attorney Colin Michael O'Brien added to party Phillip Rothlein(pty:pla), Attorney Colin Michael O'Brien added to party Stanford Smith(pty:pla), Attorney Colin Michael O'Brien added to party Ashlee Wedgeworth(pty:pla) (O'Brien, Colin) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
14

MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 29 June 2020. Consent Form due by 8/14/2020. Proposed Scheduling Order due8/7/2020 Scheduling Conference set for 9/3/2020 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (cmadr, ) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
15

WAIVER OF SERVICE Returned Executed by Phillip Rothlein, Elisabeth Epps, Zach Packard, Cidney Fisk, Apryl Alexander, Hollis Lyman, Ashlee Wedgeworth, Black Lives Matter 5280, Stanford Smith, Amanda Blasingame. City and County of Denver waiver sent on 6/26/2020, answer due 8/25/2020. (Macdonald, Timothy) Modified to correct answer deadline on 6/30/2020 (cmadr, ). (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
16

NOTICE of Entry of Appearance by David Charles Cooperstein on behalf of City and County of DenverAttorney David Charles Cooperstein added to party City and County of Denver(pty:dft) (Cooperstein, David) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
17

ORDER REASSIGNING CASE. After conferral pursuant to Local Civil Rule 3.2(d), and pursuant to Local Civil Rule 40.1(d)(4)(B) and the approval of the Chief Judge, this case is reassigned to Judge R. Brooke Jackson. All future pleadings should be designated as 1:20-cv-01878-RBJ. SO ORDERED by Magistrate Judge Michael E. Hegarty on 7/31/2020. Text Only Entry. (cthom, ) (Entered: 08/02/2020)

July 31, 2020

July 31, 2020

PACER
18

CASE REASSIGNED pursuant to 17 Order this case is reassigned to Judge R. Brooke Jackson. All future pleadings should be designated as 20-cv-1878-RBJ. (Text Only Entry) (cthom, ) (Entered: 08/02/2020)

July 31, 2020

July 31, 2020

PACER

Minute Order

Aug. 2, 2020

Aug. 2, 2020

PACER
19

ORDER TO CONSOLIDATE RELATED ACTIONS. The Court sua sponte orders that related action Cruz et al v. City and County of Denver et al, 1:20-cv-01922-RBJ be consolidated with the above captioned matter and that all future filings shall be made on the consolidated docket under case Black Lives Matter 5280 et al v. City and County of Denver et al, 1:20-cv-01878-RBJ. By Judge R. Brooke Jackson on 8/4/2020. (apesa, ) (Entered: 08/05/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
20

MINUTE ORDER: The consolidated matter is set for a Scheduling Conference on 9/3/2020 at 10:00 AM. Due to the COVID-19 pandemic, the hearing will be held by video teleconference. The Court's staff will provide connection instructions to the parties by email prior to the hearing. In an attempt to avoid bandwidth issues, the Court requests that each plaintiff group (one for each case) and the defendant limit themselves to two connections per group. However, multiple attorneys may appear together through one connection. Counsel, parties, and the general public whom will not participate, but want to hear the proceedings may utilize the Court's telephonic conferencing system by dialing Toll Free: 888-204-5984 using Access Code: 7557338#. The Court requests that the parties submit a proposed joint Scheduling Order (or if they cannot agree, then two proposed Scheduling Orders), by 8/27/2020. Please file the proposed order(s) into ECF as well as email a Word version to jackson_chambers@cod.uscourts.gov. The Scheduling Order should address two scenarios: one if the Court determines to proceed with class action briefing, which should include a short section of no more than two of the pages per side indicating why a class action is or is not appropriate; the other on the basis that the two cases will proceed on normal course without class action status. Indicate that injunctive relief beyond what was already stipulated and approved by the Court in Abay et al v. City and County of Denver, 1:20-cv-01616-RBJ, would be ordered only for exceptional reasons. By Judge R. Brooke Jackson on 8/5/2020. Text Only Entry (rbjsec. ) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER

Minute Order

Aug. 5, 2020

Aug. 5, 2020

PACER
21

WAIVER OF SERVICE Returned Executed by Francesca Lawrence, Kelsey Taylor, Andy Sannier, Joe Deras, Jacquelyn Parkins, Youssef Amghar, Ambrose Cruz, Johnathen Duran, Sara Fitouri. All Defendants. (Wang, Elizabeth) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
22

WAIVER OF SERVICE Returned Executed by Francesca Lawrence, Kelsey Taylor, Andy Sannier, Joe Deras, Jacquelyn Parkins, Youssef Amghar, Ambrose Cruz, Johnathen Duran, Sara Fitouri. All Defendants. (Wang, Elizabeth) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
23

WAIVER OF SERVICE Returned Executed by Francesca Lawrence, Kelsey Taylor, Andy Sannier, Joe Deras, Jacquelyn Parkins, Youssef Amghar, Ambrose Cruz, Johnathen Duran, Sara Fitouri. All Defendants. (Wang, Elizabeth) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
24

WAIVER OF SERVICE Returned Executed by Francesca Lawrence, Kelsey Taylor, Andy Sannier, Joe Deras, Jacquelyn Parkins, Youssef Amghar, Ambrose Cruz, Johnathen Duran, Sara Fitouri. All Defendants. (Wang, Elizabeth) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
25

WAIVER OF SERVICE Returned Executed by Francesca Lawrence, Kelsey Taylor, Andy Sannier, Joe Deras, Jacquelyn Parkins, Youssef Amghar, Ambrose Cruz, Johnathen Duran, Sara Fitouri. All Defendants. (Wang, Elizabeth) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
26

WAIVER OF SERVICE Returned Executed by Francesca Lawrence, Kelsey Taylor, Andy Sannier, Joe Deras, Jacquelyn Parkins, Youssef Amghar, Ambrose Cruz, Johnathen Duran, Sara Fitouri. All Defendants. (Wang, Elizabeth) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
27

WAIVER OF SERVICE Returned Executed by Francesca Lawrence, Kelsey Taylor, Andy Sannier, Joe Deras, Jacquelyn Parkins, Youssef Amghar, Ambrose Cruz, Johnathen Duran, Sara Fitouri. All Defendants. (Wang, Elizabeth) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
28

WAIVER OF SERVICE Returned Executed by Francesca Lawrence, Kelsey Taylor, Andy Sannier, Joe Deras, Jacquelyn Parkins, Youssef Amghar, Ambrose Cruz, Johnathen Duran, Sara Fitouri. All Defendants. (Wang, Elizabeth) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
29

WAIVER OF SERVICE Returned Executed by Francesca Lawrence, Kelsey Taylor, Andy Sannier, Joe Deras, Jacquelyn Parkins, Youssef Amghar, Ambrose Cruz, Johnathen Duran, Sara Fitouri. All Defendants. (Wang, Elizabeth) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
30

WAIVER OF SERVICE Returned Executed by Francesca Lawrence, Kelsey Taylor, Andy Sannier, Joe Deras, Jacquelyn Parkins, Youssef Amghar, Ambrose Cruz, Johnathen Duran, Sara Fitouri. All Defendants. (Wang, Elizabeth) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
31

WAIVER OF SERVICE Returned Executed by Francesca Lawrence, Kelsey Taylor, Andy Sannier, Joe Deras, Jacquelyn Parkins, Youssef Amghar, Ambrose Cruz, Johnathen Duran, Sara Fitouri. All Defendants. (Wang, Elizabeth) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
32

WAIVER OF SERVICE Returned Executed by Francesca Lawrence, Kelsey Taylor, Andy Sannier, Joe Deras, Jacquelyn Parkins, Youssef Amghar, Ambrose Cruz, Johnathen Duran, Sara Fitouri. All Defendants. (Wang, Elizabeth) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
33

NOTICE of Voluntary Dismissal of Party without prejudice by Consol Plaintiff Ambrose Cruz (Wang, Elizabeth) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
34

ANSWER to 1 Complaint,,,, by City and County of Denver.(Cooperstein, David) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
35

Proposed Scheduling Order by Consol Defendants Kevin Beasley, Christopher Cochran, M. Davis, Paul Hogan, Heather R. Jossi, Zachary Moldenhauer, Andrew Nielsen, Chelsea Novotny, Anthony E. Tak, Jacob Vaporis, Jacqueline A. Velasquez, Defendant City and County of Denver. (Cooperstein, David) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
36

Proposed Scheduling Order by Plaintiffs Apryl Alexander, Black Lives Matter 5280, Amanda Blasingame, Elisabeth Epps, Cidney Fisk, Hollis Lyman, Zach Packard, Phillip Rothlein, Stanford Smith, Ashlee Wedgeworth, Consol Plaintiffs Youssef Amghar, Joe Deras, Johnathen Duran, Sara Fitouri, Francesca Lawrence, Jacquelyn Parkins, Andy Sannier, Kelsey Taylor. (Wang, Elizabeth) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
37

ANSWER to Complaint by Kevin Beasley, City and County of Denver, Christopher Cochran, M. Davis, Paul Hogan, Heather R. Jossi, Zachary Moldenhauer, Andrew Nielsen, Chelsea Novotny, Anthony E. Tak.(Cooperstein, David) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
38

NOTICE of Working Draft of Proposed Scheduling Order by Judge R. Brooke Jackson on 9/2/2020. The Court has inserted multiple comments on the defendants' proposed scheduling order in Track Changes. The Word version will be emailed to counsel. Please see the attached pdf redlined version. The Court requests that the parties review this draft prior to tomorrow's scheduling conference. (rbjsec. ) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

RECAP
39

Joint MOTION for Protective Order and Rule 502(d) Order by Plaintiffs Apryl Alexander, Black Lives Matter 5280, Amanda Blasingame, Elisabeth Epps, Cidney Fisk, Hollis Lyman, Zach Packard, Phillip Rothlein, Stanford Smith, Ashlee Wedgeworth, Consol Plaintiffs Youssef Amghar, Joe Deras, Johnathen Duran, Sara Fitouri, Francesca Lawrence, Jacquelyn Parkins, Andy Sannier, Kelsey Taylor. (Attachments: # 1 Exhibit A (Proposed Protective Order), # 2 Exhibit B (Proposed Rule 502(d) Order))(Wang, Elizabeth) (Entered: 09/02/2020)

1 Exhibit A (Proposed Protective Order)

View on PACER

2 Exhibit B (Proposed Rule 502(d) Order)

View on PACER

Sept. 2, 2020

Sept. 2, 2020

RECAP
40

ORDER granting 39 Joint MOTION for Protective Order and Rule 502(d) Order. By Judge R. Brooke Jackson on 9/3/2020. Text Only Entry(rbjsec.) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
41

STIPULATION AND PROTECTIVE ORDER. By Judge R. Brooke Jackson on 9/3/2020 (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

RECAP
42

STIPULATED ORDER. By Judge R. Brooke Jackson on 9/3/2020. (apesa, ) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
43

COURTROOM MINUTES for Scheduling Conference via Video Teleconference held before Judge R. Brooke Jackson on 9/3/2020. Motion for Class Certification shall be filed on or before March 26, 2021. A response shall be filed on or before April 26, 2021. A reply may be filed on or before May 10, 2021. Motion Hearing regarding Class Certification set for 5/26/2021 09:00 AM in Courtroom A 902 before Judge R. Brooke Jackson. Fifteen day Jury Trial set for 3/7/2022 09:00 AM in Courtroom A 902 before Judge R. Brooke Jackson. Trial Preparation Conference set for 2/4/2022 at 09:00 AM in Courtroom A 902 before Judge R. Brooke Jackson. Discovery due by 9/3/2021. Dispositive Motions due by 10/15/2021. Court Reporter: Sarah Mitchell. (ebuch) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER

Order on Motion for Protective Order

Sept. 3, 2020

Sept. 3, 2020

PACER
44

ORDER SETTING TRIAL AND TRIAL PREPARATION CONFERENCE: This matter is set for a 12-15 day Jury Trial to commence on March 7, 2022 at 9:00 a.m. on the docket of Judge R. Brooke Jackson U.S. District Courthouse, Courtroom A902, 9th Floor, 901 19th Street, Denver, Colorado. A Trial Preparation Conference is set for February 4, 2022 at 9:00 a.m. By Judge R. Brooke Jackson on 9/4/2020. (rbjsec. ) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
45

Proposed Scheduling Order Joint by Plaintiffs Apryl Alexander, Black Lives Matter 5280, Amanda Blasingame, Elisabeth Epps, Cidney Fisk, Hollis Lyman, Zach Packard, Phillip Rothlein, Stanford Smith, Ashlee Wedgeworth. (Macdonald, Timothy) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
46

SCHEDULING ORDER: by Judge R. Brooke Jackson on 9/21/20. (jdyne, ) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

RECAP
47

STIPULATION of Dismissal of Party Francesca Lawrence by Consol Defendants Kevin Beasley, Christopher Cochran, M. Davis, Zachary Moldenhauer, Andrew Nielsen, Chelsea Novotny, Jacob Vaporis, Defendant City and County of Denver, Consol Plaintiff Francesca Lawrence. (Wang, Elizabeth) (Entered: 10/20/2020)

Oct. 20, 2020

Oct. 20, 2020

PACER
48

STIPULATION for Extension of Time to Respond to Plaintiffs' First Set of Discovery by Defendant City and County of Denver. (Cooperstein, David) (Entered: 10/21/2020)

Oct. 21, 2020

Oct. 21, 2020

PACER
49

ORDER to Consolidate Related Actions. The Court sua sponte orders that related action Michael Acker v. City and County of Denver et al, 1:20-cv-03155-KLM be consolidated with the above captioned matter and that all future filings shall be made on the consolidated docket under the lead case Black Lives Matter 5280 et al v. City and County of Denver et al, 1:20-cv-01878-RBJ. By Judge R. Brooke Jackson on October 28, 2020. (rvill, ) (Entered: 10/28/2020)

Oct. 28, 2020

Oct. 28, 2020

PACER
50

NOTICE of Entry of Appearance by David Charles Cooperstein on behalf of Paul PazenAttorney David Charles Cooperstein added to party Paul Pazen(pty:condft) (Cooperstein, David) (Entered: 11/10/2020)

Nov. 10, 2020

Nov. 10, 2020

RECAP
51

NOTICE of Entry of Appearance by Hollie Renee Birkholz on behalf of City and County of Denver, Paul Pazen, Anthony E. TakAttorney Hollie Renee Birkholz added to party City and County of Denver(pty:dft), Attorney Hollie Renee Birkholz added to party Paul Pazen(pty:condft), Attorney Hollie Renee Birkholz added to party Anthony E. Tak(pty:condft) (Birkholz, Hollie) (Entered: 12/11/2020)

Dec. 11, 2020

Dec. 11, 2020

PACER
52

NOTICE of Entry of Appearance by Robert Charles Huss on behalf of City and County of Denver, Paul Pazen, Anthony E. TakAttorney Robert Charles Huss added to party City and County of Denver(pty:dft), Attorney Robert Charles Huss added to party Paul Pazen(pty:condft), Attorney Robert Charles Huss added to party Anthony E. Tak(pty:condft) (Huss, Robert) (Entered: 12/11/2020)

Dec. 11, 2020

Dec. 11, 2020

PACER
53

MOTION to Withdraw by Defendant City and County of Denver, Consol Defendants Paul Pazen, Anthony E. Tak. (Cooperstein, David) (Entered: 12/11/2020)

Dec. 11, 2020

Dec. 11, 2020

PACER
54

ORDER granting 53 by Defendant City and County of Denver, Consol Defendants Paul Pazen, Anthony E. Tak. Attorney David Cooperstein is withdrawn. By Judge R. Brooke Jackson on 12/14/2020. Text Only Entry(rbjsec. ) (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER
55

NOTICE of Entry of Appearance by Patrick Conor Reidy on behalf of Apryl Alexander, Black Lives Matter 5280, Amanda Blasingame, Elisabeth Epps, Cidney Fisk, Hollis Lyman, Zach Packard, Phillip Rothlein, Stanford Smith, Ashlee WedgeworthAttorney Patrick Conor Reidy added to party Apryl Alexander(pty:pla), Attorney Patrick Conor Reidy added to party Black Lives Matter 5280(pty:pla), Attorney Patrick Conor Reidy added to party Amanda Blasingame(pty:pla), Attorney Patrick Conor Reidy added to party Elisabeth Epps(pty:pla), Attorney Patrick Conor Reidy added to party Cidney Fisk(pty:pla), Attorney Patrick Conor Reidy added to party Hollis Lyman(pty:pla), Attorney Patrick Conor Reidy added to party Zach Packard(pty:pla), Attorney Patrick Conor Reidy added to party Phillip Rothlein(pty:pla), Attorney Patrick Conor Reidy added to party Stanford Smith(pty:pla), Attorney Patrick Conor Reidy added to party Ashlee Wedgeworth(pty:pla) (Reidy, Patrick) (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER

Order on Motion to Withdraw

Dec. 14, 2020

Dec. 14, 2020

PACER
56

ANSWER to Complaint by City and County of Denver.(Birkholz, Hollie) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
57

ANSWER to Complaint by Paul Pazen.(Birkholz, Hollie) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
58

Joint MOTION to Amend/Correct/Modify 46 Scheduling Order by Consol Plaintiff Michael Acker. (McNulty, Andrew) (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

PACER
59

MOTION to Withdraw as Attorney for Anya Havriliak by Plaintiffs Apryl Alexander, Black Lives Matter 5280, Amanda Blasingame, Elisabeth Epps, Cidney Fisk, Hollis Lyman, Zach Packard, Phillip Rothlein, Stanford Smith, Ashlee Wedgeworth. (Havriliak, Anya) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
60

ORDER granting 59 Motion to Withdraw as Attorney. Attorney Anya Amalia Havriliak terminated. by Judge R. Brooke Jackson on 12/28/20. Text Only Entry(jdyne, ) (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

PACER

Order on Motion to Withdraw as Attorney

Dec. 28, 2020

Dec. 28, 2020

PACER
61

ORDER granting 58 Joint MOTION to Amend/Correct/Modify 46 Scheduling Order. By Judge R. Brooke Jackson on 12/30/2020. Text Only Entry(rbjsec.) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER
62

Unopposed MOTION for Extension of Time to Respond to Plaintiffs' Discovery Requests by Defendant City and County of Denver. (Birkholz, Hollie) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER

Order on Motion to Amend/Correct/Modify

Dec. 30, 2020

Dec. 30, 2020

PACER
63

ORDER granting 62 Unopposed MOTION for Extension of Time to Respond to Plaintiffs' Discovery Requests. By Judge R. Brooke Jackson on 1/4/2021. Text Only Entry(rbjsec.) (Entered: 01/04/2021)

Jan. 4, 2021

Jan. 4, 2021

PACER

Order on Motion for Extension of Time to File

Jan. 4, 2021

Jan. 4, 2021

PACER
64

Unopposed MOTION for Extension of Time to file motion for class certification by Consol Plaintiffs Youssef Amghar, Joe Deras, Johnathen Duran, Sara Fitouri, Jacquelyn Parkins, Andy Sannier, Kelsey Taylor. (Wang, Elizabeth) (Entered: 02/01/2021)

Feb. 1, 2021

Feb. 1, 2021

PACER
65

NOTICE of Entry of Appearance by Makeba Rutahindurwa on behalf of Youssef Amghar, Joe Deras, Johnathen Duran, Sara Fitouri, Jacquelyn Parkins, Andy Sannier, Kelsey TaylorAttorney Makeba Rutahindurwa added to party Youssef Amghar(pty:conpla), Attorney Makeba Rutahindurwa added to party Joe Deras(pty:conpla), Attorney Makeba Rutahindurwa added to party Johnathen Duran(pty:conpla), Attorney Makeba Rutahindurwa added to party Sara Fitouri(pty:conpla), Attorney Makeba Rutahindurwa added to party Jacquelyn Parkins(pty:conpla), Attorney Makeba Rutahindurwa added to party Andy Sannier(pty:conpla), Attorney Makeba Rutahindurwa added to party Kelsey Taylor(pty:conpla) (Rutahindurwa, Makeba) (Entered: 02/01/2021)

Feb. 1, 2021

Feb. 1, 2021

PACER
66

ORDER granting 64 Unopposed MOTION for Extension of Time to file motion for class certification. The Court requests that plaintiffs give considerable attention to whether class treatment is either necessary or feasible in this case. The deadline to file a motion for class certification is now 4/26/2021. By Judge R. Brooke Jackson on 2/1/2021. Text Only Entry(rbjsec. ) (Entered: 02/01/2021)

Feb. 1, 2021

Feb. 1, 2021

PACER

Order on Motion for Extension of Time to File

Feb. 1, 2021

Feb. 1, 2021

PACER
67

Unopposed MOTION for Leave to Amend Complaint by Consol Plaintiff Michael Acker. (Attachments: # 1 Exhibit 1 - Amended Complaint (Clean), # 2 Exhibit 2 - Amended Complaint (Redline))(McNulty, Andrew) (Entered: 02/12/2021)

1 Exhibit 1 - Amended Complaint (Clean)

View on PACER

2 Exhibit 2 - Amended Complaint (Redline)

View on PACER

Feb. 12, 2021

Feb. 12, 2021

PACER
68

ORDER granting 67 Unopposed MOTION for Leave to Amend Complaint by Consol Plaintiff Michael Acker. The Court requests that the Clerk of Court's Office docket the Amended Complaint at 67-1. By Judge R. Brooke Jackson on 2/16/2021. Text Only Entry(rbjsec.) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER
69

AMENDED COMPLAINT against David Abeyta, City and County of Denver, Daniel Felkins, Paul Pazen, filed by Michael Acker.(rvill, ) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER

Order on Motion for Leave

Feb. 16, 2021

Feb. 16, 2021

PACER
70

MINUTE ORDER: A Telephonic Discovery Hearing is set for 3/8/2021 at 10:00 AM before Judge R. Brooke Jackson. The Court directs that the parties use dial-in number 1-888-204-5984 and enter access code 7557338# when prompted. By Judge R. Brooke Jackson on 2/23/2021. Text Only Entry (rbjsec, ) (Entered: 02/23/2021)

Feb. 23, 2021

Feb. 23, 2021

PACER

Minute Order

Feb. 23, 2021

Feb. 23, 2021

PACER
71

LETTER listing issues for March 8, 2021 telephonic discovery hearing by Consol Plaintiffs Youssef Amghar, Joe Deras, Johnathen Duran, Sara Fitouri, Jacquelyn Parkins, Andy Sannier, Kelsey Taylor. (Wang, Elizabeth) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER
72

MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Telephone Discovery Hearing held on 3/8/2021. Court Reporter: Sarah Mitchell. (jdyne, ) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
73

MOTION to Withdraw as Attorney for Plaintiff Cindy Fisk Pursuant to D.C.Colo.AttyR 5(b) by Plaintiff Cidney Fisk. (Attachments: # 1 Proposed Order (PDF Only))(Reidy, Patrick) (Entered: 03/09/2021)

March 9, 2021

March 9, 2021

PACER
74

WAIVER OF SERVICE Returned Executed by Michael Acker. David Abeyta waiver sent on 3/5/2021, answer due 5/4/2021; Daniel Felkins waiver sent on 3/5/2021, answer due 5/4/2021. (Attachments: # 1 Exhibit Waiver of Service - Abeyta)(McNulty, Andrew) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER
75

NOTICE of Entry of Appearance by Robert Charles Huss on behalf of David Abeyta, Daniel FelkinsAttorney Robert Charles Huss added to party David Abeyta(pty:dft), Attorney Robert Charles Huss added to party Daniel Felkins(pty:dft) (Huss, Robert) (Entered: 03/18/2021)

March 18, 2021

March 18, 2021

PACER
76

NOTICE of Entry of Appearance by Hollie Renee Birkholz on behalf of David Abeyta, Daniel FelkinsAttorney Hollie Renee Birkholz added to party David Abeyta(pty:dft), Attorney Hollie Renee Birkholz added to party Daniel Felkins(pty:dft) (Birkholz, Hollie) (Entered: 03/18/2021)

March 18, 2021

March 18, 2021

PACER
77

NOTICE of Entry of Appearance by Andrew David Ringel on behalf of David Abeyta, City and County of Denver, Daniel Felkins, J. LNU, Paul Pazen, Anthony E. TakAttorney Andrew David Ringel added to party David Abeyta(pty:dft), Attorney Andrew David Ringel added to party City and County of Denver(pty:dft), Attorney Andrew David Ringel added to party Daniel Felkins(pty:dft), Attorney Andrew David Ringel added to party J. LNU(pty:condft), Attorney Andrew David Ringel added to party Paul Pazen(pty:condft), Attorney Andrew David Ringel added to party Anthony E. Tak(pty:condft) (Ringel, Andrew) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

PACER
78

MOTION for Extension of Time to File Motion for Class Certification by Consol Plaintiffs Youssef Amghar, Johnathen Duran, Sara Fitouri, Jacquelyn Parkins, Andy Sannier, Kelsey Taylor. (Wang, Elizabeth) (Entered: 04/06/2021)

April 6, 2021

April 6, 2021

PACER
79

ORDER denying 78 MOTION for Extension of Time to File Motion for Class Certification. By Judge R. Brooke Jackson on 4/7/2021. Text Only Entry(rbjsec.) (Entered: 04/07/2021)

April 7, 2021

April 7, 2021

PACER

Order on Motion for Extension of Time to File

April 7, 2021

April 7, 2021

PACER
80

MOTION to Withdraw as Attorney by Consol Plaintiffs Youssef Amghar, Joe Deras, Johnathen Duran, Sara Fitouri, Jacquelyn Parkins, Andy Sannier, Kelsey Taylor. (Wang, Elizabeth) (Entered: 04/09/2021)

April 9, 2021

April 9, 2021

PACER
81

ORDER granting 80 Motion to Withdraw as Attorney. Attorney Tara Elizabeth Thompson is withdrawn. By Judge R. Brooke Jackson on 4/9/2021. Text Only Entry(rbjsec.) (Entered: 04/09/2021)

April 9, 2021

April 9, 2021

PACER

Order on Motion to Withdraw as Attorney

April 9, 2021

April 9, 2021

PACER
82

ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a), Daniel Moore Twetten was administratively removed from the court's attorney roll and barred from filing electronically under CM/ECF for failing to pay the 2020 Biennial Fee. Counsel must complete a Bar/ECF application through counsel's existing Attorney Services Portal account and pay the full application fee to be restored to the attorney roll and CM/ECF. Upon reinstatement, counsel must file a Notice of Entry of Appearance in this case. (Text Only Entry) (ebutl) (Entered: 04/15/2021)

April 15, 2021

April 15, 2021

PACER
83

ANSWER to 69 Amended Complaint by David Abeyta.(Birkholz, Hollie) (Entered: 04/16/2021)

April 16, 2021

April 16, 2021

PACER
84

ANSWER to 69 Amended Complaint by City and County of Denver.(Birkholz, Hollie) (Entered: 04/16/2021)

April 16, 2021

April 16, 2021

PACER
85

ANSWER to 69 Amended Complaint by Daniel Felkins.(Birkholz, Hollie) (Entered: 04/16/2021)

April 16, 2021

April 16, 2021

PACER
86

ANSWER to 69 Amended Complaint by Paul Pazen.(Birkholz, Hollie) (Entered: 04/16/2021)

April 16, 2021

April 16, 2021

PACER
87

ORDER Granting 73 Motion to Withdraw as Attorney. Attorney Robert Reeves Anderson terminated by Judge R. Brooke Jackson on April 16, 2021.(rvill, ) (Entered: 04/16/2021)

April 16, 2021

April 16, 2021

PACER
88

Unopposed MOTION for Leave to File Excess Pages by Consol Plaintiffs Youssef Amghar, Joe Deras, Johnathen Duran, Sara Fitouri, Jacquelyn Parkins, Andy Sannier, Kelsey Taylor. (Wang, Elizabeth) (Entered: 04/22/2021)

April 22, 2021

April 22, 2021

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Multi-LexSum (in sample)

Key Dates

Filing Date: June 25, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Protesters who, between May 30 and June 5, 2020, were arrested for violation of D.R.M.C. 1-13 (emergency curfew) or D.R.M.C. 38-31(c) (failure to obey lawful order) and were not charged with any other violations, and whose charges were dismissed.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Loevy & Loevy

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Denver (Denver), City

Denver Police Department (Denver), City

Colorado State Patrol, State

City of Aurora, City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

Amount Defendant Pays: $147,671,362.06

Issues

General:

Failure to supervise

Failure to train

Policing:

Excessive force

Pepper/OC Spray (policing)