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 ...
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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