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Case Name Siaki v. Darr JC-CO-0008
Docket / Court 1:11-cv-03074 ( D. Colo. )
State/Territory Colorado
Case Type(s) Disability Rights-Pub. Accom.
Jail Conditions
Case Summary
On November 23, 2011, the Colorado Cross-Disability Coalition and two of its deaf members filed this lawsuit in the U.S. District Court for the District of Colorado. The plaintiffs sued the Sheriff of Adams County in his official capacity under the Americans with Disabilities Act and Section 504 ... read more >
On November 23, 2011, the Colorado Cross-Disability Coalition and two of its deaf members filed this lawsuit in the U.S. District Court for the District of Colorado. The plaintiffs sued the Sheriff of Adams County in his official capacity under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. The plaintiffs, represented by the Colorado Cross-Disability Coalition Legal Program, sought declaratory and monetary relief. They also sought an injunction requiring the defendant to provide qualified sign language interpreters or other appropriate auxiliary aids or services to ensure effective communication with deaf and hard-of-hearing individuals. They claimed that the defendant had violated their rights under the ADA and the Rehabilitation Act.

Specifically, the complaint described an incident in which the police were called on the two individual plaintiffs because they were engaged in an argument. Neither of the two individual plaintiffs could speak, write, or read effectively in English. As a result, when the police arrived, they were not able to communicate or explain what had happened. Nonetheless, the complaint alleged that the police failed to provide a sign language interpreter or any other effective auxiliary aid. Instead, the police arrested one of the individuals for allegedly hitting the second individual, despite the plaintiffs’ attempts to explain that no violence had occurred. While in custody, the arrested plaintiff was required to sign several forms, which he did not understand, including a Miranda form acknowledging that he knew his rights. Throughout his 25-day detention at the Adams County Detention Facility, staff failed to provide him with appropriate auxiliary aids or services. He was unable to call anyone, to communicate during his medical intake, or understand why he was being detained.

On January 26, 2012, the plaintiffs filed an amended complaint that added two additional individual plaintiffs. One was another deaf individual who communicated only through American Sign Language. He was detained at ACDF for six days and unable to communicate during his detention. The other plaintiff was his aunt. The amended complaint also added the Colorado Association of the Deaf as a plaintiff.

On March 13, 2012, District Judge John L. Kane referred the case to Magistrate Judge Boyd N. Boland. The parties then spent the next several months engaging in settlement conversations. On September 25, they moved to dismiss because they had reached an agreement.

The agreement required the defendant to change jail policies to ensure that detained individuals requiring sign language interpretation were informed on how they could request such interpretation. The settlement also required the defendants to provide training for staff, verify and monitor compliance with the agreement, and pay $100,000 to the Colorado Cross-Disability Coalition Legal Program.

On September 27, 2012, Judge Kane granted the parties’ motion to dismiss the case and retained jurisdiction to enforce the settlement agreement for two years. The agreement came to an end in 2014, and the case is now closed.

Gabriela Hybel - 01/27/2019


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Issues and Causes of Action
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Issues
Content of Injunction
Monitoring
Reasonable Accommodation
Recordkeeping
Reporting
Required disclosure
Training
Defendant-type
Corrections
Law-enforcement
Disability
Hearing impairment
Discrimination-area
Accommodation / Leave
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Access to lawyers or judicial system
Communication skills
Conditions of confinement
Effective Communication (ADA)
Language/ethnic/minority needs
Phone
Reasonable Accommodations
Reasonable Modifications
TTY/Close Captioning/Videophone/etc.
Language
Other
Plaintiff Type
Non-profit NON-religious organization
Private Plaintiff
Type of Facility
Government-run
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) Adams County Sheriff
Plaintiff Description Four individuals and two disability rights organizations.
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2012 - 2014
Filing Year 2011
Case Closing Year 2014
Case Ongoing No
Docket(s)
1:11-cv-03074-JLK-BNB (D. Colo.)
JC-CO-0008-9000.pdf | Detail
Date: 09/27/2012
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
JC-CO-0008-0001.pdf | Detail
Date: 11/23/2011
Source: PACER [Public Access to Court Electronic Records]
Amended Complaint [ECF# 6]
JC-CO-0008-0002.pdf | Detail
Date: 01/26/2012
Source: PACER [Public Access to Court Electronic Records]
Order Granting Stipulated Motion to Dismiss [ECF# 34] (D. Colo.)
JC-CO-0008-0003.pdf | Detail
Date: 09/27/2012
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Boland, Boyd N. (D. Colo.) [Magistrate] show/hide docs
JC-CO-0008-0003 | JC-CO-0008-9000
Kane, John L. Jr. (D. Colo.) show/hide docs
JC-CO-0008-0003 | JC-CO-0008-9000
Plaintiff's Lawyers Montoya, Andrew Christopher (Colorado) show/hide docs
JC-CO-0008-0001 | JC-CO-0008-0002
Williams, Kevin William (Colorado) show/hide docs
JC-CO-0008-0001 | JC-CO-0008-0002 | JC-CO-0008-9000
Defendant's Lawyers Miller, Heidi Michelle (Colorado) show/hide docs
JC-CO-0008-9000

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