University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Howard v. City and County of Denver CJ-CO-0005
Docket / Court 18-cv-02593 ( D. Colo. )
State/Territory Colorado
Case Type(s) Criminal Justice (Other)
Special Collection Fines/Fees/Bail Reform (Criminalization of poverty)
Attorney Organization ACLU Chapters (any)
Case Summary
On June 9, 2018, the plaintiff in this case was arrested in Denver, Colorado; he was then unable to make his $10 bond, because the government imposed numerous additional fees. He brought this law suit against the City and County of Denver on October 10, 2018 in the United States District Court for ... read more >
On June 9, 2018, the plaintiff in this case was arrested in Denver, Colorado; he was then unable to make his $10 bond, because the government imposed numerous additional fees. He brought this law suit against the City and County of Denver on October 10, 2018 in the United States District Court for the District of Colorado. He proceeded under 42 U.S.C. § 1983 for allegedly violating his 14th Amendment right to due process and equal protection. Specifically, he complained about a Colorado requirement that individuals arrested pay at minimum a $50 before release. The plaintiff claimed Denver had detained him solely because of his inability to make monetary payment, wrongfully depriving him of his liberty. He was represented by the ACLU and sought compensation and policy reform.

The case was initially assigned to Magistrate Judge N. Reid Neureiter, and later reassigned to Judge Wiley Y. Daniel and again reassigned to Christine M. Arguello on December 6, 2018.

The plaintiff entered jail with $64.24, sufficient to pay for his $10 cash bond and even an additional $50 bond fee. However, Denver took an additional $30 for booking fees, which the plaintiff could not afford to pay. The charges against the plaintiff were later dismissed.

Shortly after the lawsuit was filed, Denver stopped collecting the $30 booking fee, the $50 bond fee, and the pretrial electronic monitoring fees. On December 13, Denver submitted an Offer of Judgment in favor of the plaintiff and agreed to pay $30,000 to cover attorney’s fees and costs. On December 21, the plaintiff accepted the offer, and then on January 30, 2019, voluntarily dismissed the case. The case is now closed.

Averyn Lee - 02/11/2019


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Defendant-type
Law-enforcement
General
Bail/Bond
Fines/Fees/Bail/Bond
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) City and County of Denver
Plaintiff Description A resident of Denver, arrested and unable for a time to make bail, due to the fees imposed by the government.
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Defendants ended their policy
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Voluntary Dismissal
Filing Year 2018
Case Closing Year 2018
Case Ongoing No
Additional Resources
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  Howard vs Denver
ACLU of Colorado
Date: Oct. 10, 2018
By: ACLU of Colorado
[ Detail ] [ External Link ]

Docket(s)
1:18-cv-02593 (D. Colo.)
CJ-CO-0005-9000.pdf | Detail
Date: 01/30/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
CJ-CO-0005-0001.pdf | Detail
Date: 10/10/2018
Source: PACER [Public Access to Court Electronic Records]
Notice of Acceptance and Offer of Judgment [ECF# 22]
CJ-CO-0005-0002.pdf | Detail
Date: 12/21/2018
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Arguello, Christine M. (D. Colo.) show/hide docs
CJ-CO-0005-9000
Varholak, Scott T. Court not on record [Magistrate] show/hide docs
CJ-CO-0005-9000
Plaintiff's Lawyers Maxted, David George (Colorado) show/hide docs
CJ-CO-0005-0002 | CJ-CO-0005-9000
Silverstein, Mark (Colorado) show/hide docs
CJ-CO-0005-0001 | CJ-CO-0005-0002 | CJ-CO-0005-9000
Wallace, Rebecca Teitelbaum (Colorado) show/hide docs
CJ-CO-0005-0001 | CJ-CO-0005-0002 | CJ-CO-0005-9000
Defendant's Lawyers Horn, Michele Annette (Colorado) show/hide docs
CJ-CO-0005-0002 | CJ-CO-0005-9000
Schmidt, Lauren Elizabeth (Colorado) show/hide docs
CJ-CO-0005-0002 | CJ-CO-0005-9000

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