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Case Name Estate of Rice ex rel. Garber v. City and County of Denver JC-CO-0003
Docket / Court 07-1571 ( D. Colo. )
State/Territory Colorado
Case Type(s) Jail Conditions
Case Summary
On July 25, 2007, the parents of a young woman arrested for driving while under the influence of alcohol filed a lawsuit in the U.S. District Court for the County and City of Denver against the City and County of Denver, Colorado, Denver Department of Health and Hospitals. The plaintiff, ... read more >
On July 25, 2007, the parents of a young woman arrested for driving while under the influence of alcohol filed a lawsuit in the U.S. District Court for the County and City of Denver against the City and County of Denver, Colorado, Denver Department of Health and Hospitals. The plaintiff, represented by private counsel asked the court for declaratory relief, economic losses. compensatory and consequential damages, and punitive damages claiming under Title 42 U.S.C. § 1983, the defendants failed to provide medical care and treatments as well as failure to properly train and supervise.

On the morning of February 18, 2006, Emily Rice was involved in a non-fatal car collision in which her car was destroyed and she suffered life-threatening injuries. After being transported by paramedics to the local hospital Denver Health, operated by the Defendant, she complained of shoulder and abdomen pain. She was booked at the Denver Health as a detainee. The only test performed on Rice was a breathalyzer to determine her blood alcohol which was determined to be .12. Rice was given ibuprofen and then released to the Denver Sheriffs for detention at the Denver County Jail. She was placed in an isolation cell for several hours. Rice continued to complain and was briefly seen by a nurse who told Rice to sleep the pain off. Rice fainted during the intake process. She was not treated by the jail nurse. The Denver Jail staff pulled Rice to her feet and continued the intake process. Rice began to complain of numbness in her feet which had turned cold and grey. The jail doctor was informed of Rice's condition and diagnosed her with drunkenness for which she needed to get sleep. Throughout the night Rice and other inmates yelled for help for which there was no reply from the guards. Eventually Rice complained of numbness is her legs and that was unable to move them. The on-staff nurse was informed of Rice's condition; she never visited to Rice to treat her. Approximately 24-hours after Rice's car collision, she died in her jail cell. The official medical report stated that the cause of death was a ruptured spleen.

On December 2, 2008, settlement was reached for a non-disclosed amount. Media reports stated the amount was approximately $4 million. On December 17, 2008, Judge Marcia Krieger dismissed the case in light of the settlement.

Kya Henley - 03/17/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Defendant-type
Corrections
General
Failure to discipline
Failure to train
Medical/Mental Health
Medical care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) City and County of Denver
Plaintiff Description parents of Emily Rice
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2008
Case Ongoing No
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

Docket(s)
1:07-cv-01571-MSK-BNB (D. Colo.) 12/17/2008
JC-CO-0003-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Damages, Certificate of Review and Jury Demand 07/25/2007
JC-CO-0003-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendant Mary Cleary, R.N.'s Motion to Dismiss Plaintiff's Federal Claims and State Law Claims 10/08/2007
JC-CO-0003-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint and Jury Demand (Corrected) 03/25/2008
JC-CO-0003-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Denying Motion for Protective Order] 04/27/2008 (2008 WL 2228702) (D. Colo.)
JC-CO-0003-0015.pdf | WESTLAW | Detail
Document Source: Westlaw
Order re: Plaintiffs’ Motion for Dismissal of Plaintiffs’ Claims Against the Medical Defendants Only with Prejudice 06/09/2008 (D. Colo.)
JC-CO-0003-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Affirming Magistrate Judge's Order, and Denying Motion to Stay, as Moot 07/16/2008 (2008 WL 2781083) (D. Colo.)
JC-CO-0003-0012.pdf | WESTLAW | Detail
Document Source: Westlaw
Notice of Settlement 12/02/2008
JC-CO-0003-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Motion for Dismissal 12/17/2008 (D. Colo.)
JC-CO-0003-0014.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Boland, Boyd N. (D. Colo.) [Magistrate]
JC-CO-0003-0015 | JC-CO-0003-9000
Krieger, Marcia S. (D. Colo.)
JC-CO-0003-0011 | JC-CO-0003-0012 | JC-CO-0003-0014 | JC-CO-0003-9000
Monitors/Masters None on record
Plaintiff's Lawyers Killmer, Darold W. (Colorado)
JC-CO-0003-0001 | JC-CO-0003-0007 | JC-CO-0003-0010 | JC-CO-0003-9000
Licht, Althea (Colorado)
JC-CO-0003-0007 | JC-CO-0003-0010 | JC-CO-0003-9000
Newman, Mari Anne (Colorado)
JC-CO-0003-0001 | JC-CO-0003-0007 | JC-CO-0003-0010 | JC-CO-0003-9000
Rich, Sara J. (Colorado)
JC-CO-0003-0001 | JC-CO-0003-0007 | JC-CO-0003-0010 | JC-CO-0003-9000
Defendant's Lawyers Cipoletti, Terry (Colorado)
JC-CO-0003-9000
Colin, Marc F. (Colorado)
JC-CO-0003-9000
Corchado, Luis Alberto (Colorado)
JC-CO-0003-9000
Crum, Catherine O'Brien (Colorado)
JC-CO-0003-9000
Drake, C. Todd (Colorado)
JC-CO-0003-9000
Fahlsing, Gillian Marie (Colorado)
JC-CO-0003-9000
Faraci, Paul Andrew (Colorado)
JC-CO-0003-9000
Fleischner, Cecilia Alyson (Colorado)
JC-CO-0003-9000
Foster, Daniel Seth (Colorado)
JC-CO-0003-9000
Geraghty, Jerome R. (Colorado)
JC-CO-0003-9000
Goodwin, Robert E. (Colorado)
JC-CO-0003-9000
Greer, Cathy Havener (Colorado)
JC-CO-0003-9000
Haas, Felice Sharon (Colorado)
JC-CO-0003-9000
Henson, Stephen Jerome (Colorado)
JC-CO-0003-9000
Jandon, Joseph Cabell (Colorado)
JC-CO-0003-9000
Jurs, Andrew Wallace (North Carolina)
JC-CO-0003-9000
Kresl, Thomas Jerome (Colorado)
JC-CO-0003-0006 | JC-CO-0003-9000
Linton, Matthew Morgan (Colorado)
JC-CO-0003-9000
Martin, John Oliver (Colorado)
JC-CO-0003-9000
McCutcheon, Sarah Elizabeth (Colorado)
JC-CO-0003-9000
Mitchell, Sarah Jane (Colorado)
JC-CO-0003-9000
Nixon, Scott Sherman (Colorado)
JC-CO-0003-9000
O'Connell, William Thomas III (Colorado)
JC-CO-0003-9000
Rackham, Troy Robert (Colorado)
JC-CO-0003-9000
Revercomb, Laura Lee (Colorado)
JC-CO-0003-9000
Rice, Thomas Sullivan (Colorado)
JC-CO-0003-9000
Ringel, Andrew David (Colorado)
JC-CO-0003-9000
Robinson, Bradley Gillette (Colorado)
JC-CO-0003-0006 | JC-CO-0003-9000
Siderius, Linda L. (Colorado)
JC-CO-0003-9000
Yun, David H. (Colorado)
JC-CO-0003-9000
Other Lawyers None on record

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