University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Scott v. City and County of Denver JC-CO-0007
Docket / Court 1:12-cv-00053-MSK ( D. Colo. )
State/Territory Colorado
Case Type(s) Disability Rights-Pub. Accom.
Jail Conditions
Attorney Organization Civil Rights Education and Enforcement Center
Case Summary
On January 10, 2012, a deaf individual who had been arrested and detained on a number of occasions since 2007 for violating his probation in Denver, CO, filed this complaint in the U.S. District Court for the District of Colorado against the City and County of Denver. He proceeded under Title II ... read more >
On January 10, 2012, a deaf individual who had been arrested and detained on a number of occasions since 2007 for violating his probation in Denver, CO, filed this complaint in the U.S. District Court for the District of Colorado against the City and County of Denver. He proceeded under Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act; represented by attorneys from the Civil Rights Education and Enforcement Center and the Center for Rights of Parents with Disabilities, he asked the court for declaratory and injunctive relief, money damages, and attorney's fees and costs.

In his complaint, the plaintiff alleged that during his detentions in 2010 and 2011, he was denied access to a sign language interpreter, and had requests for a TTY or video phone rejected or delayed. During these detentions, the plaintiff also alleged he was also not provided with required auxiliary aids and services necessary to ensure effective communication. The plaintiff further alleged that Denver systematically, knowingly, and intentionally discriminated against him and other deaf and hard of hearing individuals, that it was likely that he would suffer discrimination in the future, and that the City had been on notice since at least 2007 its deficiencies in providing effective communication for deaf and hard of hearing detainees.

On April 26, 2013, the defendants, the City and County of Denver, offered judgment pursuant to Fed. R. Civ. P. 68. in favor of the plaintiff in the amount of $15,000. The judgment would be exclusive of any accrued reasonable costs and attorney fees, and would include any and all liability of the defendants in regards to the transactions or occurrences referenced in the plaintiff's complaint. On May 9, 2013, the plaintiff's acceptance of the offer of judgment was filed with the court; judgment was entered in favor of the plaintiff on May 22, 2013, by the clerk.

On January 24, 2014, Chief Judge Marcia S. Kreiger determined the reasonable attorney fees and issued an order granting attorney fees and costs to the plaintiff.

John He - 09/21/2015


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Issues and Causes of Action
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Issues
Defendant-type
Corrections
Jurisdiction-wide
Law-enforcement
Disability
Hearing impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Access to public accommodations - governmental
Communication skills
TTY/Close Captioning/etc.
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) City and County of Denver
Plaintiff Description Deaf individual
Indexed Lawyer Organizations Civil Rights Education and Enforcement Center
Class action status sought No
Class action status granted Moot
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Damages
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2014
Case Ongoing No
Case Listing DR-CO-0008 : Ulibarri v. City and County of Denver (D. Colo.)
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)
1:12−cv−00053 (D. Colo.) 01/27/2014
JC-CO-0007-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 01/10/2012
JC-CO-0007-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Acceptance of Offer of Judgment 05/09/2013
JC-CO-0007-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judgment Pursuant to Fed. R. Civ. P. 68 05/22/2013 (D. Colo.)
JC-CO-0007-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion and Order Granting in Part and Denying in Part Motion for Attorney Fees 01/24/2014 (2014 WL 287558) (D. Colo.)
JC-CO-0007-0003.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Boland, Boyd N. (D. Colo.) [Magistrate]
JC-CO-0007-9001
Krieger, Marcia S. (D. Colo.)
JC-CO-0007-0003 | JC-CO-0007-9001
Monitors/Masters None on record
Plaintiff's Lawyers Lucas, Carrie Ann (Colorado)
JC-CO-0007-0001 | JC-CO-0007-0004 | JC-CO-0007-9001
Robertson, Amy Farr (Colorado)
JC-CO-0007-0001 | JC-CO-0007-0004 | JC-CO-0007-9001
Defendant's Lawyers Liang, Carol (Colorado)
JC-CO-0007-9001
Rivera, Joseph Michael (Colorado)
JC-CO-0007-9001
Shea, Wendy Jean (Colorado)
JC-CO-0007-0004 | JC-CO-0007-9001
Other Lawyers None on record

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