DISTRICT COURT, CITY AND COUNT'y' OF DENVER, STATE OF COLORADO

Court Address: 2nd Judicial District City & County Building 1437 Bannock Street Denver.

Plaintiffs:

ESTATE OF EMILY RICE, SUSAN GARBER and

ROY RICE as Co-Personal Representatives;

SUSAN GARBER, as parent and Co-Personal

Representative of the

of Emily Rice:

ROY RICE as parent and Co-Personal Representative

the Estate of Emily Rice,

v.

Defendants:
CITY AND COUNTY OF DENVER, COLORADO; DENVER DEPARTMENT HEALTH AND HOSPITALS, D/B/A "DENVER HEALTH MEDIC CENTER" AND "DENVER HEALTH": JASON HAUKOOS, M.O., in his individual and official capacities; LISA CHENG, M.D., in her individual and official capacities;
ROBERT KELLY COSTIN, R.N.. in IllS individual
official capacities: MARIA BOUZAINE, R.N., in her individual and official capacities; MARY CLEARY. R.N., in her individual and capacities; YVETTE DUBOIS, R.N., in her individual and capacities; MARIAiYVETTE GASTON, R.N., in her individual official capacities: NANCY ZIMMER, R.N., in her indiviclml and
his individual und

.. COURT USE ONL'( ..

Exhibit A

official capacities;
SERGEANT LOREN COLLIER, in his individual and
official capacities; SERGEANT HANS RASTEDE, in his individual
oHicial capacities: SERGEANT RICHARD ROBrNSON, in his individual and official capacities;
SERGEANT KAROLINA SICH, in her individual
official
SERGEANT ANTHONY SULLIVAN, in his individual
and official capacities;
DEPUTY KERRY ADCOCK, in her inc!i\idual official capacities; DEPUTy' JULIANNA BARRON, in her indi\"idua!
oft1cial capacities:
DEPUTY SARAH BRIGHT in her imli\!dual and

DEPUTY [FIRST NAME UNKNO\VN] (,flENt ll1

individual and official capacities; DEPUTY LAKISHA FORREST, in her individual and

official capacities:
DEPUTY FAUN GOMEZ, in her individual and official

capacities: DEPUTY SHERIvlAINE

in her individual

official capacities: DEP1JTY AMANDA LINE, in her individual and official

capacities;
DEPUTY JULIE KIRKBRIDE, in her individual

official capacities; DEPUTY TROY MOTLEr', in his individual and official

capacities; DEPUTY MICHELLE

in her individual and

otlicwl capacities:

DEPUTY

A WANROW, in her llldividual

official capacities; and JANE DOES 1 THROUGH 20, DENVER SHERIFF'S DEPUTIES AND
mdividual

Name:
Address: Phone: Fax No.: E-mail:

Darold W, Killmer #16056

Mali Newman # 192

Sara J. Rich #36904

1543 Champa

Suite 400

Denver, CO

303-571-1000

303-571-100 I

dkillmer(ivkillmerlane.com

mne\vman(aiki llmerlane. com

srich(wkillmeriane.com

COMPLAINT FOR DAl\JAGES, CERTIFICATE OF REVIE\V AND JURY DEMAND

Plaintiffs, Susan Garber. individually as i\fother nfthe late Personal representative the Estate of Emily Rice: late Emily Rice and as Co-Personal rcpreselltali\e of
their aHomeys. KILLMER, LANE 8: Nt\\'l\L\~. LLP. Jury Demand as l'l)1I0WS:

L INTRODllCTION

1. Emily Rice was a young ,voman a \\'ann
future who sutTered an agonizingly slow and painful death
or care. Defendants violated the rights Emily Rice, the
United States Constitution and the laws the State
deliberate indifference to her constitutional
for an obvious serious medical condition. ultimately death. Defendants' conduct under deplivation of Ms. Rice-s tederally protected rights. wantonly. also gives rise to supplemental state clJims.
n. JURISDICTION AND VENUE

" This action arises under the Constitution and laws of the United States the State

Colorado including Article m. Section! of the United States

and 42 U.S.c. ~

.Tmisdiction supporting Plaintiffs' cl::!im

42

~ 1

3. This Cami
(b).

jurisdiction over

matter

to C.R.S. 13-1-1

4. Venue is proper in this Court pursuant to C.R.C.P. Rule alleged herein oceun"ed within the City County Denver. Colorado.

All of the events

Ill. CERTIFICATE OF REVIEW

5.

Pursuant to C'.R.S. § 1

Counsel

as

a. Counsel has consulted with physicians
negligent conduct as set forth in Plaintiffs'

in the area of the

b. The physicians who

been consulted

all

facts relevant

to the allegations of negligent conduct as complained l)f in PlaintitTs' Complaint:

c. Based upon review of such facts, tht, the claims against the defendants meanmg C.R.S. 13-17- J ):

that the filing justification within

d. The physicians who have reviewed all known negligent conduct as contained in Plaintiffs' forth in c.R.S. § 13-64-40 I.

of meet the requirements sd

Plaintiffs:

IV. PARTIES

6.

At all pertinent times

hereto, the

the United States of America and a resident of the State of

was a

7

At all times pertinent hereto, Plaintiffs Susan Garber and

co-personal representatives ofthe: estatc Emily

America and residents tbe: Stak Colorado.

Rice. parents and tbe United States

Defendl.ln ts:

Denver Health Defendants:

8.

Upon information and belief Denver Depm1ment

"Denver Health Medical Center" and "Denver Hcalth"

political subdivision of the State of Colorado with

Street, Denver.

80204,

Heaith and Hospitals, DlBiA "Denver Health"}, is a
at 777 Bannock

C)

At all times relevant to this complaint

Health

its

were acting under

of state law

4

10. Upon information and beliet~ at all

times, Defendant Jason Haukoos,

M.D., was a physician licensed to practice medicine in the State

was an

Attending Physician at Denver Health.

11. Upon information and belief, at all relevant times, Defendant Lisa Cheng, fvLD.,

was a physician licensed to practice medicine in the

Colorado. and \vas

as a

Resident at Denver Health.

12. Upon infol111ation and belief, at all relevant

Defendant Robert Kelly

R.N., was a registered nurse with a principal place business at Defendant Detn'er Health, and

who served as a nurse at Denver JaiL

13. Upon infol111ation and belief at all R.N., was a registered nurse with a principal place who served as a nurse at Denver Jail.

Defendant

14. Upon infonnation and belief at all was a registered nurse with a principal placc
served as a nurse at Denver Jail.
l5. Upon infonnation and belief. at all rele\'ant R.N" was a registered nurse with 3 principal place
who served as a nurse at Denver Jail.

YYcrte

Delwer

and

16. Upon informeltion ellld helieL elt all relevant times. Defendant Maria

R.N ..

was a registered nurse with a principal place of business at Defendant Denyer Health. and who

served as a nurse at Denver JaiL

17. Upon infol111ation and bel at

Zimmer.

R.N., was a registered nurse 'with a principal place ofhusiness at Defendant Den\er Health. and

who served as a nurse at Denver JaiL

18. At all peliinent times mentioned herein.
individual and ot1icial capacities were acting within
employment, under color of state law

.Jail Defendants:

] 9. Det'end:mt City of ::md County Denver is n

::?O. At all times relevant to the subjed matter
KopyJov was a citizen of the United States and a reSident of Color3do and was state law in his c3pacity as a entL1rcement 0
Jail, in Denver. Colorado.

Jacob under Denver

2l At all times relevant to the subject matter of
RiOJ'don was a citizen the United States and a resident of

5

of state Jaw in his capacity as a law enforcement officer employed as J Captain at the Denver in Denver. Colorado.

22. At all times relevant to the subject matter Collier was a citizen ofthc United States and a resident of state Jaw in his capacity as a enfl1rcement
in Denver, Colorado.

litigation, Defendant Loren was acting under at the Denver

23. At all times reienmt to the subject matter

litigation, Detendant H31lS

Rastede was a citizen ofthe United States and a resident of Colorado and \vas acting under color

of state law in his

as a law enforcement officer employed as a Sergeant at the Denver

Jail, in Denver. Colorado.

2-t At all times relevant to the subject matter

Robinson was a

of the United

and a resident

was acting under

color state Imv in his capacity as a enforcement officer employed as a

at

in Denver. Colorado.

25. At alJ times rele\ant to the subject matter

Defendant Karolina

Sich was a c:itizen the United States and a resident

under color

state law in her capacity as a law enforcement

employed as a Sergeant at the Denver Jail.

in Denver. Cniorado.

26. At nil times

to the subject matter

Sullivan was a citizen the United States and a

of state law in his c:npacity ::ts a law entorcement

Jail. in Demer, Colorado.

27. At all times relevant to the subject matter

Adcock was a citizen the United

and a

state bw in her cap::tcity as a law eni(m.:ement

Jail, in Denver, Colorado.

and \vas acting under as ::t Deputy at the Denver

28. At all times relevant to the

litigation, Defendant Jullanna

Barron was a citizen of the United

and a

Colorado and was

state Jaw in her capacity as a law enfClrcement officer employed as a Deputy at the Denver

JaiL in Denver. Colorado.

At all times relevant to the subject matter

Bright was a citizen

United States and a

state 111

as a

JaiL in Denver, Colorado.

At all tlmes relevant to was a CItizen the

(i

under color of state law in his capacity as a Jaw enforcement officer ernployed as a Deputy at the Denver JaiL in Denver, Colorado.

31. At all times relevant to the subject matter this litigation, Defendant FOlTest was a citizen ofthe United States and a resident of Colorado and was acting under color
state law in her capacity as a law enforcement officer employed as a Deputy at the Denver
JaiL in Denver, Colorado.

32. At all times relevant to subject matter Gomez was a citizen of the United States and a reSident of state la\v in her capacity as a law enforcement officer Jail. in Denver, Colorado.

Faun
Colorado and was acting under as a Deputy at the Denver

33. At all times relevant to the subject matter

litigation, Defendant Shermaine

Guzman was a citizen of the United States and a resident

and was

under color

of state law in his capacity as a law enforcement officer employed as a Deputy at the Denver

in Denver, Colorado.

34. At all times relevant to the Line was a citizen of the United States and a resident state law in her capacity as Glaw enforcement officer in Denver. Colorado.

Defendant was acting under as a Deputy at the Denver

35. At all times relevant to the subject mGtter Kirkbride was a citizen of the United StGtes and a resident of color of state law in her capncity as a l::lw en torcement Denver Jail, in DenveL Colorado.

was

under

as a Deputy at the

At ::l!l times relevant to the Motley was a citizen of the United States and n of state law in his capacity as a law ent()rcement 0 in Denver. Colorado.

37. At all times relev~mt to the
Padilla was a citizen of
state law in her capacity as a law enforcement ()ttiecr Jail, in Denver, Colorado,

38. At all times relev::mt to the subject matter \Vanro','v was a citizen of the United States and a resident of state la,v in her capacity as a law enforcement Jail, in Denver. Colorado.

39. At all times relevant to the

this

and

Jane Does 1 through were

7

acting under color of state law in their capacities as law enforcement officers employed at Denver Jail. in Denver, Colorado.

At all times relevant to this complaint,
its agents and employees were acting within the scope of their
under color of state law.

and duties and employment,

V. FACTUAL ALLEGATIONS

41. Emily Rae Rice, 24, died at the Denver Jail

Il1

tbe

Denver Sheriffs Department.

42. As an autopsy revealed, Ms. Rice suffered hom an lS-centimeter gaping

m

her liver, a lacerated spleen, and three broken

43.

Rice's death is a direct result

serious medical condition and the reckless practices and

officials in connection with her medical ..treatment" and detentlOI1.

the public

The Accident and Denver Health

-14. At approximately 6:50 :.un. on Februar: 18. ~006. non-btal car accident in which her car \\as

was

ma

A vehicle traveling approximately 40

vehicle driven by tvls.

while she was tuming len,

threatening injuries to Ms. Ric;;:.

46. The accident \\"as witnessed a clerk in a nearby convenience store, who

approached Ms. Rice's vehicle immediately atkr the

to

After concluding that Rice \Vas unconscIOUS. the convenience store and placed a 91 I call.

48. Denver Police

who arrived at the scene summoned

dispatched by

Health to the scene the

at

who were

49. Paramedics alTived at approximatdy 7:00 a.m.

50. Paramedics.

the

immobilized Ms. Rice and tranSpolied her to Denver Health.

ma

air

pain 111 her right shuulder.

52.

paramechcs repon nuted an

53. The paramedics further reported that they drew tvl3. Rice's

and

administered oxygen while transpol1ing Ms. to Denver Health.

54. Upon arrival at Denver Health. Ms. Rice \vas

then

as a

detainee to the Emergency Department of Denver iv1edical at approxImately 7:45 a.m.

55. Upon information and beliet~ Ms.

was

examined a

Defendant Lisa Cheng, M.D. who indicated on a Trnuma Flow Sheet that Ms. Rice was

experiencing pain in two trauma sites. her lett shoulder and lett

56. Although Rice's "pain

was

were ordered to detellnine the cause of her shoulder or

57. Instead. the only lab work perfolll1ed on which indicated a blood alcohol level of .121.

58. The attending physician. Detendant

1\1D.

in Rice's

medical file that after discussing the case with Dr. Cheng and reviewing the medical

it

was his assessment that Ms. Rice was merely sutTering

n shoulder contusIOn.

59. According to medical records, Ms. a.m., nnd then released to the Denver Sheriffs at I

was given ihuprophin a.m.

[It 9:25

60. According to medical records. the by Defendant Lisa Cheng. M.D. and \Vas signed "shoulder strain. Eloh intoxication".

ED Assessment." which was

Jason

1\I.D., states

61. The written Emergency After Care
retum to the Emergency Depmiment concems".

As a detainee. Ms. Rice \vas not will, but rather could do so only with the express
Denver Jail.

63. Denver Health released Ms. Rice to the Denver

a.m., despite the fact that reported that she was in

not

taken reasonable to dere1l11ine the cause

Denver Jail

64. Ms,

anived at the Denver

she was questioned tmd searched by Defendants

65. Defendants did not Rice in an isolation cell for sever;}l hours prior to

but

Ms.

66. Although Denver Health had discharged Ms. Rice into Shen-iff custody with

instructions regarding her medical condition, tvls.

'>vas not taken to the jail nurse tor

evaluation during the intake process or for hours thereafter.

Medical care at the Denver Jail IS provided by nurses and other medical
professionals employed by Denver Health, and stationed at the Denver Jail pursuant to a contract between the City and County of DenVt'r and Denver Health.

68. At approximately 3:09 p.m., Ms. Rice. who was

very unsteadily

holding the

for assistance. was

to have her tingerprints mug

taken.

fv'1s. Rice complained to it guard that was allowed to speak with a nurse, Defendant Kelly Costin.

very bad was brietly

Defendant Costin performed no medical evaluatilm
looked at her records and cleared ber. tellmg that she was drunk and lIv'~U\.".'

71. At this point however. i'vls. Rice had been in

for over seven hours since

her blood alcohol was measured at .121, and thus could not have been "drunk".

72. At approximately 3: 18 p.m., as guards were tilling out
eyes rolled back into her head, she binted fell to the , ns

73. One guard contacted a ~/Is. Rice had passed out.

nurse. Defendant Kelly Costin. to let him know that

74. Instead of evaluating Ms. Rice -- or even

at

mocked her. told her to "stop

dramatic," ordered her to

do so much as offer fv1s. Rice help getting to her ft'el.

up. Costin did not even

75. Although she had collapsed.

J

Denver Health, but Instead

around

continued the "check-in,. process.

76. At some point during the afternoon of

to be a family friend of Ms. Rice, allowed Ms. Rice to call her

Ms. Rice told her mother that she could not feel her feel. but

nurse to

it

she had been told

Ms. Rice' mother. Susan Garber.

tu Ms.

Ms. to see her daughter.

went to the jail at approxllnately

79. Upon infonnation and belief: at SUIne of February I ,the guard who W;}s a friend l\1s" Rice's mother

evemng

10

concemed regarding Ms. Rice's complaints of numbness in her feet, and her O\VI1 observation that Ms. Rice's feet were cold and grey.

80. Recognizing immediately that Emily \vas suffering serious medical issues. the guard ale11ed a second jail nurse. Defendant Mary Cleary. that Ms. Rice was having medical problems, and that her feet were cold and

81. Despite the fact that Ms. Rice had

from Denver Health

record that she and been in an automobile accident and instructions to return to the

if

had any worsening symptoms or urgent concems. Defendant

refused to perfofm any

medical evaluation Of provide any medical care to 1\1s. Rice.

Instead, without ever even

at patient Detendant

an'ived at

diagnosis and remedy: Ms. Rice was still drunk and

to drink plenty

it

off. By this time. it had been approximatel:,>' ten hc>urs since Ms. Rice had consumed any alcc>lwL

83. Unfo11unatcly fcw Ms. Rice, the ooe Jnd apparently cared one whit about her serious medical ti'iend, went off duty in the early evening Februarv

who
was a bmih

84. Throughout the course of the repeatedly for help.

and through the

Ms. Rice called out

Others confined in nemlw Is

Ricc's

need and likewise pleaded with guards to render medical assistance to Ms. Rice.

86. At least one point dming the night. Ms. Rice's
that others in nearby cells began scre::l!11ing and banging on of guards and to convince them to pnwide medical can: to

87. Over and over. Ms. Rice alerted \'arious condition, but her pleas for help were repeatedly

"'~'Tq,'d,,"CT her serious medical

Ms. Rice told guards

WJS

was

numbness in her legs ;:mdior

and that she \vas \'ery

89. During one interaction \\ith a guard, i"ls. Rice's blanket fd] otT oCher and to the floor, hut Ms. Rice was too weak to cov.:r herself back up.

90. Upon information and belief: some tJlne

on

one guard alelied jail nurse D.:fendant f\ilaria Bouzaine tl13t l\ls. Rice was

symptoms and needed medical help,

91. Defendant Nurse Bouzain.: released to jail ti'om Denver Health
to her later when did nursing rounds.

that she was aware 1'vl::;, 1!l a car accident

11

92. Upon intlJrmation and belief, Defendant Bouzaine never otherwise provided any medical attention to her, even after having been Rice's condition.

['vis. Rice's cell or regarding Ms.

93. Even after Defendant Nurse Bouzaine

10 provide medIc::!1 care to

Rice, none ofthe Defendant guards who had alerted Bouzaine to her

medical

any further action to

Ms. Rice or to secure rnedical care her.

During the course of the night. 1\1s.

and others

to

for

Ms.

95. Later in night or very early detainees screaming and banging on the what she wanted.

after

96. Ms. Rice told the guard that she could no very cold. and that she needed more blankets.

feel her

and that she \,vas

In deliberate indifferem:e to Ms. did not provide her with any medical help. allowed to have another blanket and leR

need. the she was not

Throughout the rest the lllght

continued to beg for

or other Jail staff to

1\1s. Rice and other

99. take the

During the early morning of February 19, to breakfast.

area h)

100.

Rice did not

her cell, and no

to hCL

101. Ms. Rice complained to another fem::lle guard

was

to her

The guard did nothing to address this serious medical condition, nor did anything to akli the

nurse.

102. The

skatlt11stly

to

any medical care to Ms. Rit..:e or to

provide her access to medical trcatment. despite the

and

urg:ll1gs tvls.

other detainees, who could hear and

that .Ms. Rice was

injured.

103. Instead. guards, nurses, and other public
Rice access to medical treatment, but consciously disreg:ardt:d

denied Ms.

104. At approximately 5: 15 on the morning

detainee (referred to herein as

was escorted

Rice.

vouno

.J

b

a guard to tbe cell occupied Ms.

105

observed thilt f'vts.

was moal1lng 111

I::'

106. When NC asked Ms. Rice if she \vas okay, Ms. Rice intolllled her not move her legs. Ms. Rice also told that could not up.

107. NC asked Ms, Rice if she should for help, but

in vain tor help throughout the night, told NC that

for help was useless. as she

had already told the guards, but nobody would listen.

Shortly thereafter, a guard

if she woule! to make a

109. NC responded that she would, and also told the guard he Rice because there was something wrong and she could not move.

to Ms.

110. The guard opened the cell door to directed Ms. Rice to get up and asked her what was

use the phone,

111. While NC was at the telephone, she heard the down the hall into an 0111ce.

J J2. A nurse appeared

an

cell along \vith [l number of guards.

was III

s

113. According to medical records, !'vIs. Rice was unresp"'11si\e and showed no \'ital

signs by the

that emergency medical personnel Ilnnlly

114. According to the "Final ED

Dr.

attending physician Dr. Pons, Ms. Rice died ot 6:52 a.m. of cardiac (mest.

Assessment also noted a "suspected spleen injury" related to 1',,1::;, Ricc's car accident

115, According to autopsy reports, trauma to the abdomen, with an JS em spleen.

injuries resulting

laceration in the

a

1J6. The autopsy also revealed considerable intemal

ribs.

] 17. Ms. Rice died of avoidable intemal bleeding.

III

of exclUeiating pain.

\-'I. CLAIMS FOR RELIEF

FIRST CLAIM FOR RELIEF

(§ lq83 - Failure to Provide Medical Care aud Treatment)

(

Defendants)

118. Plaintiffs hereby incorporate all other forth herein,

as if set

13

119. At all times relevant to the allegations in this complaint, Defendants

or

failed to act under color of state taw.

120. Defendants are persons under Title 42 U

12 L At all times relevant to the allegations in this Complaint, Defendants were pursuant to municipal custom, policy, or practice in their actions pertaining to Emily

Defendants
medical condition.

or should han~ knov,n of Ms.

potentially hfe-threatening

1:23. Nevel1heless, with deliberate indifference to Ms. Rice's constitutional right not to

be denied necessary medical care, protected by the Due Process Clause of the Fourteenth

Amt'nclmenL Defendants tlliled to examine, treat and care for tvls. Rice's worsening condition

and t~liled to send I\1s. Rice treatment. They did so

knowledge her

serious medical needs, placing her at risk substantial

124. When 1'V[S. Rice, and others on her behalL called fi)1' medical assistance,

Defendants

with deliberate indifference to !VIs.

obviously serious medical

constitutional rights in biling to obtain and provide

treatment for her in a timely

appropriate fashion

125. The acts or omissiuns of all Defendants were conducted within the scope of their official duties and empluyment.

The acts or omissions all Rice's injuries and death,

Were tbe

and proxllnate cause Iv!s.

127. Defendant City and

of Denver's unconstitutional

practices, as described herein, were the legal and

cause of

death.

cllstoms or
injuries and

128. The acts nr omissions each suftered e_'i:treme physical nne! mental pain during the up to her death.

in that she

129.

Defendants as

Rice

due process and of

liberties, and immunities secured by the Constitution the

United States of Americ::l, and caused her (liher

SECOND CLAIM FOR RELIEF

(§ 1()83 - Municipal Liability for Failure to Train and Supervise)

Detendants City

Denver and

Health)

130. PlaintitTs hereby mcorporate all other herem_

this

as if

set

14

131. Defendants City and County Denver Denver Health failed to properly train and supervise their employees to recognize and appropriately respond to medical emergencies.

Defendants City and County of Denver and Denver Health kne\v, or should haw known, that its employees would fail to adequately identify and respond appropriately to medical emergencies, violating detainees' constitutional .

133. Defendants City and County

indifferent to the obvious serious medical needs patients jail

knowing

potentially tlital consequences could be sutlered such individuals (including tv!s.

failing to properly train cmd supcryise their

Defellliants and

and Denver Health could have and should have pursued

supervising of such employees, hut failed to so.

134. Defendants and County of

and Denver Health's policies. customs,

or practices in failing to properly train and supervise their

were the

proximate cause of the violation of RH.:e's

135.

Health caused Ms. Rice damages in that

extreme

the approximately twenty-f(.ur hours leading up to her death_

Denver and ,md mental pain

J36. The actions of Defendants City and

as

described herein deprived I\I[S. Rice of the rights, pri\-ileges.

:md immunities cpen,-p,,",

the Constitution of the United States of America. and caused her other damages.

THIRD CLAIM FOR RELlEF

(§ 1983 - Supervisol'Y Liability for Failure to Train and Supervise)

(Against Defenclcmts Captain Jacob Kopylov.

John Riordan, Sergeant Loren

Sergeant Hans Rastede. Sergeant Richard Robinsun. Sergeant Karolina

Sullivan (referred to colledi,,::iy herein as

Jail

Plaintiffs herehy incoq)0rate other
forth herein.

as if fully set

138. The Supervisory Jail Defendants each haye duties to train and supen'lse

sheriffs. nurses and other jail personnel in

to ensure the sa

wellbeing

in the jail facility.

139.

ofthe Supervisory Jail Defendants

to

140.

Supervisory Jail Defendants

and supervise deputy

nurses and

jail

these duties_
to

train

141. The Supervisory Jail DefendDllts' fGiluretonrr,,,p'"1

and

subordinate employees was the moving force and proximate cause of the violation 01'1\15. Rice's

constitutional rights.

15

acts or omissions of the SupervIsory damages in that she sutfered extreme physical mental four hours leading up to her death.

Ms. Rice during the approximately

The actions ofthe Supervisory Jail Defendants as described herein deprived
Rice the rights, privileges. liberties. and immunities secured by the Constitution the States of America. and callsed other damages.

FOURTH CLAIM FOR RELIEF

(§ 1983 - First and Fourteenth Amendments - Deprivation of Familial Association)

(On Behalf of PluintiHs Susan Garber

Dekndants)

144. PlaintitTs fOlih herein.

incorporate all

Complaint as if fully set

145. Plaintiffs Susan Garber and

deprived of their liberty interest in their intImate t~1l11ilia!

at the time oftbe events described herein.

or

association protects t~lInily relationshi ps.

146. Pl::iintiffs' libe11y Il1terest and interest in depri\'ing them ufsuch right uf
this case.

!~lmilial

any state

147. Defendants' conduct as described

Susan

from seeing Emily Rice at the jail and in intt:ntionally

in the conduct thar led to the

death of Emily Rice, deprived Plaintiffs Susan Garber and Roy Rice

their intimate association with Emily

tbeir daughter. as

Fourteenth Amendments to the United States ConstitutiLll1.

148. Defendants' conduct \Vas

lI1

Plaintiffs' federally protected rights to intimate familial

149. Defendants' conduct proximately to Plaintifts Susan Garber and Roy Rice.

ll1Junes.

and

150. Defendants' conduct as described
or Plaintiffs their clearly established constitutional

Defendants' position knew or should

known.

this

all

of which reasonable persons in

FIFTH CLAIM FOR RELIEF

(State La",. Claim for Negligent Training and Supen'ision)

Defendants and

of Denver. Dem'er Health and

151. Plaintifts
tOlih herem.

incorporate all

asif set

16

152. Defendants City and County of Denver, Denver Health, ancl Supervisory Jail

Defendants each had a duty to

reasonable care in the training supervision of

employees in a manner that provided the detainees under their care with

medical care

and treatment.

153. Defendants' conduct as described herein breached their

to

reasonable care in the training and supervision of subordinate employees.

154. Defendants City and County Denver. Denver Health, and

"1

Employees. because they kne\v or

have known the lack of supenlsion. experience

training among their employees, also had reason to know that their

were likely to

hann Denver Jail detainees in need of medical carc, including Rice.

156. The negligence of Defendants City Supervisory Jail Defendants proximately caused and suffering and other damages in the final approximately

157. Defendants' conduct bas proximately

significant pain, suffering,

loss of COmfl)rt

suffering and ultimate death of their daughter. Ms" Rice

SIXTH CLAIM FOR RELIEF (State Law Claim for Outrageous Conduct) (Against Jail Defendants, Denver Health and Denver Hellth Nurses at the

158. Plaintiff:; hereby incoq1orate all other

this

set

fbrth herein.

159, Defendants' conduct as described herein. reasonable medical care and treatment to Ric..;, outrageous conduct.

160. Defendants engaged in such causing the Decedent Ms. Rice. and Ms. Rice's severe emotional distress.

161. Defendants and County of to claimants f()l' any hann caused by employees

nre Iv

162. Defendants' outrageous conduct caused Plaintiffs to suffer severe emotional distress.

1'".''

SEVENTH CLAIM FOR RELIEF (State Law Claim for Wrongful Death under CoR.S. § 13-21-202) (Against Jail Defendants. Denver Health and Denver Health Nurses at the Jail)

Plaintiffs hereby incorporate all other paragraphs this Complaint as iffully set
tcnih herein.

164. The Jail Defendants, at all times relevant

were

City and County of Denver. The nurses at the Denver JaiL at all times

employees of Denver Health.

of Detendants hereto. were

165. Defendant

and County Denver and Denver Health are legally responsible

to claimants for any harm caused by employees acting on their behalL

166. PlaintifTs. as the parents of Ms. Rice, suftered and continue to

economic

and non-economic damages due to Defendants' conduct toward their daughter. including but not

limited to economic damages for nll1eral expenses financial

due to

benefits they would have reasonably expected to receive from their daughter had she I and

non-economic damages for grief: loss of their

impaimlent in the

quality oftheir lives, incomeJ11cncc, pain and suffering,

stress.

167.

conduct was attended circumstances

wanton conduct. whIch Defendants must have realized was

and

without regard to the consequences to Ms. Rice and her

168. Detendants consciously

and unjustifiable

thev

would cause the death of another.

169. Detendants' conduct constituted a

* ] killing under CR.S. 3-21-203

and 15-11-803, such that there shall be no statutory limitatioll on damages

herein

Plaintiffs.

EIGHTH CLAIM FOR RELIEF (l\Iedical Negligence! Negligent J\ledical Ctll'e and Treatment)
(Against Denver Health Defendants)

170. Plaintiffs hereby incoqX)f(lte all other paragraphs forth herein.

as if set

171. At all times relevant, Emily Rice was uncler the care Defendants.

treatment the Denver

172.

Cheng and

a

Rice at times pertinent to tillS Complamt.

73. Defendants Costin, BOllzamc, patient relationship w1th Emily Rice at

Zimmer had a nurse-

IS

174. During the course oftl1is medical treatrnent, Denver Health Defendants were negligent in their care alld treatment of Emily

175. Defendants had a duty to provide reasonable medical care and treatment to
detainees at Denver JaiL including Ms. Rice.

176. Defendants breached their duty care

to

provide Ms. Rice with reasonably obtainable neeess3ry

177. \Vith respect to their care and treatment of Emily RiGe. Denver Health

owed Emily Rice a duty to exercIse that

II. caution. dilIgence and

exercised by and expected of physicians nurses m

situations. The DellYl:r Health

Defendants deviated from that standard of care and were negligent in

and treat Emily Rice.

178. The Denver Health Defendants were treat Emily Rice during the course of her detention at

179. As a direct and proximate result the conduct of the Denver Health Defendants.

Emily Rice sutTered signitlcant physical and mental pain and

in the

final approximDtely twenty-tour hours of her lJ Ie,

180. PlaintiHs Susan Garber and

continue to sufter economic and non-economic

toward their daughter. including but n0t limited to economic d.mHlges h)f funeral expenses and

financial losses due to the financial benefits

would have

tl:om their daughter had she livecL and nOI1-ecOlh)mic

companionship, impairment in the quality

lives.

extreme emotional stress.

NINTH CLAnI FOR RELIEF (SlInival Action)
(Agmnst I

181. Plaintiffs hereby incOll)Orate rtil other forth herein.

this

as if

set

]82. Plaintiffs Susan Garber and Roy the Estate of Emily Rice.

are the heirs

183. As a result of the deliherate indi

mdift~rence andior

Defendants as more fully described above. the Estate of Emily Rice

damages, including, but not limited to.

311d

emotio1131 distress and pain suffering,

II)

WHEREFORE, Plaintiffs respectfully request that this Coul1 enter judgment in their favor and against each of the Defendants, and award them all relief allmved layv. including but not limited to fi)llowing:

(a) Appropriate relief at law and

Declaratory relief and other appropriate equitable (c) Economic losses on all claims allowed

(d) Compensatory and

including

emotional distress, humiliation,

enjoyment

and suftering on all

allowed by Imv in an amount to be dctenllined

at trlUl;

Punitive damages on all claims determined at trial:

bv and in an amount to be

(g) Pre- and post-jUdt,'111cnt interest at the

rate:

(h)

further

that this Gourt deems

relief as allovv'ed by Lnv.

and proper, nnd any other

PLAINTIFFS HEREBY DEl\IAND A JURY TRIAL ON ALL ISSUES SO TRIABLE. DATED this 25 th day of June

..,
-

8:. NE\VtvL\N. LLP

1\1an Newman Sara j. Rich 1543

ATTORNEYS FOR PLAfNTIFFS
ELECTRONICALLY FILED BY COtJRTLlNK. ORIGINAL SIGNATURES ON FILE

 </s> IN THE UNITED STATE DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 07-cv-01571-MSK
ESTATE OF EMILY RICE, By SUSAN GARBER and ROY RICE as Co-Personal Representatives; SUSAN GARBER, as parent and Co-Personal Representative of the Estate of Emily Rice; ROY RICE, as parent and Co-Personal Representative of the Estate of Emily Rice
Plaintiffs,
Vs.
CITY AND COUNTY OF DENVER, COLORADO; DENVER DEPARTMENT OF HEALTH AND HOSPITALS, d/b/a “DENVER HEALTH MEDICAL CENTER” and “DENVER HEALTH”; JASON HAUKOOS, M.D., in his individual and official capacities; LISA CHENG, M.D., in her individual and official capacities; ROBERT KELLY COSTIN, R.N., in his individual and official capacities; MARIA BOUZIANE, R.N., in her individual and official capacities; MARY CLEARY, R.N., in her individual and official capacities; MARIA YVETTE GASTON, R.N., in her individual and official capacities; NANCYE ZIMMER, R.N., in her individual and official capacities; CAPTAIN JACOB KOPYLOV, in his individual and official capacities; CAPTAIN JOHN RIORDON, in his individual and official capacities; SERGEANT LOREN COLLIER, in his individual and official capacities; SERGEANT HANS RASTEDE, in his individual and official capacities; SERGEANT RICHARD ROBERSON, in his individual and official capacities; SERGEANT KAROLINA SICH, in her individual and official capacities; SERGEANT ANTHONY SULLIVAN, in his individual and official capacities; DEPUTY KERI ADCOCK, in her individual and official capacities; DEPUTY JULIANA BARRON, in her individual and official capacities; DEPUTY SARAH BRIGHT, in her individual and official capacities; DEPUTY LAKISHA MINTER, in her individual and official capacities; DEPUTY FAUN GOMEZ, in her individual and official capacities; DEPUTY SHERMAINE GUZMAN, in her individual and official capacities; DEPUTY AMANDA LINE, in her individual and official capacities; DEPUTY JULIE KIRKBRIDE, in her individual and official capacities; DEPUTY TROY MOTLEY, in his individual and official capacities; DEPUTY MICHELLE SALEMI, in her individual and official capacities; DEPUTY JESSICA WANROW, in her individual and official capacities; JOHN AND JANE DOES 1 THROUGH 20;
1

DENVER CITY AND COUNTY SHERIFF’S DEPUTIES AND MEDICAL PERSONNEL, in their individual and official capacities;
Defendants. ______________________________________________________________________________
DEFENDANT MARY CLEARY, R.N.’S MOTION TO DISMISS PLAINTIFFS’ FEDERAL CLAIMS AND STATE LAW CLAIMS
______________________________________________________________________________ The Defendant Mary Cleary, R.N., by her counsel of record Thomas J. Kresl and Bradley
G. Robinson of Johnson, McConaty & Sargent, P.C., pursuant to Fed. R. Civ. P. 12(b)(6) respectfully requests the Court to dismiss Plaintiffs’ federal claims for failure to state a claim and pursuant to Fed. R. Civ. P. 12(b)(1) to dismiss Plaintiffs’ state law claims for lack of subject matter jurisdiction. As grounds, Defendant Mary Cleary, R.N. states as follows:
STATEMENT OF CONFERRAL Defendant Mary Cleary, R.N. certifies that, pursuant to D.C. Colo. L. Civ. R. 7.1(A), counsel discussed the grounds for this motion and the relief requested with counsel for Plaintiffs prior to filing this motion. Plaintiffs’ counsel opposes the relief requested herein.
FACTS Plaintiffs assert three categories of claims against Defendant Mary Cleary, R.N. First, Plaintiffs’ First Claim for Relief asserts that Nurse Cleary failed to provide medical care and treatment to Ms. Rice in violation of 42 U.S.C. §1983. Second, Plaintiffs’ Fourth Claim for Relief asserts that Nurse Cleary deprived them of familial association. Third, Plaintiff’s assert state claims against Nurse Cleary for outrageous conduct (Sixth Claim for Relief), wrongful death (Seventh Claim for Relief) and medical negligence/negligent medical care and treatment (Eighth Claim for Relief). This Court should decline supplemental jurisdiction over Plaintiffs’
2

State law claims. Nurse Cleary hereby moves this Court for dismissal of Plaintiffs’ First and Fourth Claim for relief against her pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim. In addition, Nurse Cleary respectfully requests the Court dismiss Plaintiffs’ state law claims (Plaintiffs’ Sixth, Seventh and Eighth Claims for Relief) for lack of subject matter jurisdiction, Fed. R. Civ. P. 12(b)(1).
ARGUMENT I. 42 U.S.C. §1983 CLAIMS OF DELIBERATE INDIFFERENCE AND
DEPRIVATION OF FAMILIAL ASSOCIATION. A. Legal Standard for Constitutional Claims For purposes of deciding issues raised upon a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), the Court “must accept all the well-pleaded allegations of the complaint as true and construe them in the light most favorable to the Plaintiff.” David v. City and County of Denver, 101 F.3d 1344, 1352 (10th Cir. 1996), cert. denied, 522 U.S. 858, 118 S.Ct. 157 (1997). Plaintiffs cannot establish that Nurse Cleary was deliberately indifferent to a serious medical need of Ms. Rice. Plaintiffs cannot establish that Nurse Cleary had any first hand knowledge of Ms. Rice on February 18, 2006 as Nurse Cleary was not involved with her care and treatment and was not asked to see or assess Ms. Rice on February 18, 2006. The only time Nurse Cleary saw Ms. Rice was during the early morning of February 19, 2006 when she was called to assist another nurse who was notified that Ms. Rice was unresponsive. Accordingly, Plaintiffs cannot prove that Nurse Cleary subjectively was aware of a serious threat to Ms. Rice’s health and consciously chose to disregard that risk. As a result, Plaintiffs cannot prevail on their constitutional claims against Nurse Cleary.
3

A prisoner may assert a claim pursuant to 42 U.S.C. § 1983, based upon the Eighth and Fourteenth Amendments, against a state actor for deliberate indifference to the prisoner’s serious medical needs. Estelle v. Gamble, 429 U.S. 97 (1976). Although the deliberate indifference standard has been described variously in different opinions, there are some well accepted guiding principles. First, it is a very high standard: deliberate indifference requires actions that are “wanton” and “repugnant to the conscience of mankind.” Id. at 105-06. Second, a state actor must personally participate in any claimed deliberate indifference, Bennett v. Passic, 545 F.2d 1260, 1262-1263 (10th Cir. 1976). Third, as the deliberate indifference standard implies, inadvertent failure to provide adequate care, negligent care, and matters of medical judgment are insufficient to state a constitutional claim. Estelle, 429 U.S. at 105-07.
In Farmer v. Brennan, 511 U.S. 825 (1994), the Supreme Court articulated a two-part test, including both an objective and subjective component.
The Objective Component The objective component requires that the deprivation be “sufficiently serious” to be of a constitutional dimension. Id. at 834. The Tenth Circuit has held that a “medical need is sufficiently serious if it is one that has been diagnosed by a physician as mandating treatment or one that is so obvious that even a lay person would easily recognize the necessity for a doctor's attention.” Sealock v. Colorado, 218 F.3d 1205, 1209 (10th Cir. 2000) (quoting Hunt v. Uphoff, 199 F.3d 1220, 1224 (10th Cir. 1999). Where the necessity for treatment would not be obvious to a lay person, the medical judgment of the physician, even if grossly negligent, is not subject to second-guessing in the guise of an Eighth Amendment claim. Green v. Branson, 108 F.3d 1296, 1303 (10th Cir. 1997). Moreover, a delay in medical care “only constitutes an Eighth
4

Amendment violation where the Plaintiff can show the delay resulted in substantial harm.”
Oxendine v. Kaplan, 241 F.3d 1272, 1276 (10th Cir. 2001) (quotation omitted). The substantial
harm requirement "may be satisfied by lifelong handicap, permanent loss, or considerable pain."
Garrett v. Stratman, 254 F.3d 946, 950 (10th Cir. 2001). Objective seriousness is based upon the ultimate harm presented. Self v. Crum, 439 F.3d 1227 (10th Cir. 2006).
The Subjective Component The subjective component requires the prison official to have a culpable state of mind.
Farmer, 511 U.S. at 834. The Supreme Court has held that a prison official cannot be liable
“unless the official knows of and disregards an excessive risk to inmate health or safety; the
official must both be aware of facts from which the inference could be drawn that a substantial
risk of serious harm exists, and he must also draw the inference.” Farmer, 511 U.S. at 837. The
subjective component is similar to “recklessness in the criminal law,” where, to act recklessly, a
“person must ‘consciously disregard’ a substantial risk of serious harm.” Id. Courts have
recognized that this presents a high evidentiary hurdle for Plaintiffs. Self v. Crum, 439 F.3d 1227 (10th Cir. 2006)(a prison official must know about and disregard a substantial risk of serious
harm).
The Court in Self concluded that the subjective component is satisfied only where the
need for additional treatment or referral to a medical specialist is obvious. There are three
possible situations where a need is obvious:
(1) a medical professional recognizes an inability to treat the patient due to the seriousness of the condition and his corresponding lack of expertise but nevertheless declines or unnecessarily delays referral, e.g., a family doctor knows that the patient needs delicate hand surgery requiring a specialist but instead of issuing the referral performs the operation himself; see, e.g, Oxendine, 241 F.3d at 1279;
5

(2) a medical professional fails to treat a medical condition so obvious that even a layman would recognize the condition, e.g., a gangrenous hand or a serious laceration; see id.; and
(3) a medical professional completely denies care although presented with recognizable symptoms which potentially create a medical emergency, e.g., a patient complains of chest pains and the prison official, knowing that medical protocol requires referral or minimal diagnostic testing to confirm the symptoms, sends the inmate back to his cell. See, e.g., Mata, 427 F.3d at 755-59; Sealock, 218 F.3d at 1211-12.
Self, 439 F.3d at 1233. Negligent failure to provide adequate medical care, even one constituting
medical malpractice, does not give rise to a constitutional violation. Id., citing Perkins v. Kan. Dep’t of Corrections, 165 F.3d 803, 811 (10th Cir. 1999). The inquiry on the subjective
component is based upon the health care provider’s knowledge at the time of the care provided,
and absent actual knowledge or recklessness, there is no constitutional claim. Id.
In applying those concepts, the Self court concluded there was no deliberate indifference.
The inmate presented with a cough and fever, was treated for respiratory infection, monitored
over the weekend, and ultimately sent to the hospital on Monday where he was found to have
endocarditis, a life threatening infection. The physician never listened to the patient’s heart and
allegedly did not consider the patient’s history of IV drug use as a risk factor for heart infection.
The evidence was that the physician did not consider endocarditis, though it was possible that
patient’s symptoms were consistent with endocarditis as well as other symptoms. Id. The court
held that this presented, at most, an issue of misdiagnosis, which did not establish the subjective
component. Id. “Where a doctor faces symptoms that could suggest either indigestion or
stomach cancer, and the doctor mistakenly treats indigestion, the doctor's culpable state of mind
is not established even if the doctor's medical judgment may have been objectively
6

unreasonable.” Id. The court further noted that the physician’s decision to do a focused exam by listening to the patient’s lungs and not to the heart was a classic medical judgment which was outside the scope of deliberate indifference. Id. The failure of a physician to “connect-the-dots” likewise does not establish deliberate indifference. Id. The court concluded there was also no evidence that the physician knew the inmate’s condition was other than the one he suspected, thereby precluding an argument of actual knowledge. Id.
The Self court’s analysis is consistent with other Tenth Circuit cases. For example, in Sealock, the court held that a nurse’s misdiagnosis of an inmate’s chest pains as the flu and her failure to appreciate the symptoms as an impending heart attack, while arguably stating a claim for negligence, did not satisfy the subjective requirement for a deliberate indifference claim. Id. at 1208, 1211.
B. Plaintiffs Cannot Establish Nurse Cleary was Deliberately Indifferent to a Serious Medical Need
The objective component requires that the deprivation be “sufficiently serious” to be of a constitutional dimension. Farmer, 511 U.S. at 834. On February 18, 2006, Ms. Rice’s medical condition while in the Pre-Arraignment Detention Facility (PADF) was not believed to be sufficiently serious as it had not been diagnosed by a physician as mandating treatment and it was not so obvious that even a lay person would easily recognize the necessity for a doctor's attention. Even when viewing this case retrospectively, it is still arguable that one would not objectively appreciate that Ms. Rice’s medical condition was serious at the time of Nurse Cleary’s involvement.
Under the subjective component of the Supreme Court’s two-pronged inquiry, Nurse Cleary must have a “sufficiently culpable state of mind.” Self, 439 F.3d at 1231. Nurse Cleary
7

cannot be liable unless she knew of and disregarded an excessive risk to Emily Rice’s health or
safety; Nurse Cleary must be both aware of the facts from which the inference could be drawn
that a substantial risk of serious harm existed, and she must also draw the inference. Self, 439
F.3d at 1231.
Even accepting Plaintiffs’ allegations as plead in their Complaint as true, there is no
evidence that Nurse Cleary subjectively knew of and disregarded an excessive risk to Ms. Rice’s
health or safety. Plaintiffs’ Complaint states as follows:
80. Recognizing immediately that Emily was suffering serious medical issues, the guard alerted a second jail nurse, Defendant Mary Cleary, that Ms. Rice was having medical problems, and that her feet were cold and grey.
81. Despite the fact that Ms. Rice had been released from Denver Health with a record that she and (sic) been in an automobile accident and instructed to return to the hospital if she had any worsening symptoms or urgent concerns, Defendant Cleary refused to perform any medical evaluation or provide any medical care to Ms. Rice.
82. Instead, without ever looking at the patient, Defendant Cleary arrived at her diagnosis and remedy: Ms. Rice was still drunk and needed to drink plenty of fluids and sleep it off. By this time, it had been approximately ten hours since Ms. Rice had consumed any alcohol.
See, Plaintiffs’ Complaint, paragraphs 80-82.
On February 18, 2006, Nurse Cleary worked the 6:00 a.m. to 6 p.m. shift at PADF. See,
Exhibit A, Nurse Cleary’s Declaration, ¶3. Kelly Costin, R.N. was the other registered nurse
working the 6:00 a.m. to 6:00 p.m. shift that day. Id. at ¶3. Prior to the conclusion of Nurse
Cleary’s shift on February 18, 2006, she learned that Emily Rice had been transported to PADF.
Id. at ¶4. Nurse Cleary was not he nurse who performed Ms. Rice’s nursing assessment at the
nursing station at PADF. Id. at ¶5. The initial nursing assessment was performed by Nurse
Costin. Id. at ¶5. Nurse Cleary was not present in the nursing station at the time Nurse Costin
performed Ms. Rice’s assessment. Id. at ¶6. Nurse Cleary was in a different part of the jail at
8

the time of Ms. Rice’s assessment in the nursing station. Id. at ¶6. In addition, Nurse Cleary had no personal knowledge of Ms. Rice either falling down or sitting down in the hallway near the nursing station. Id. at ¶7. Nurse Cleary had no personal contact with Ms. Rice and never saw her during her February 18, 2006 shift. Id. at ¶8.
Toward the end of Nurse Cleary’s shift on February 18, 2006, Deputy Jessica Jaquez came to the nursing station and informed Nurse Cleary that Ms. Rice’s feet were cold. Id. at ¶9. Deputy Jaquez also advised Nurse Cleary that she had talked to Ms. Rice’s mother and had been advised that Ms. Rice may have been taking prescription medications. Id. at ¶9. Deputy Jaquez never asked Nurse Cleary to examine Ms. Rice. Id. at ¶9. Deputy Jaquez never informed Nurse Cleary that Ms. Rice had a specific medical complaint, other than her feet being cold. Id. at ¶9.
While Deputy Jaquez was still at the nursing station, Nurse Cleary went to Nurse Costin and asked him about Ms. Rice’s condition since it was Nurse Costin who had performed Ms. Rice’s assessment earlier that afternoon and Nurse Cleary had no firsthand knowledge concerning Ms. Rice’s condition and had not seen Ms. Rice’s medical records. Id. at ¶10. Nurse Costin told Nurse Cleary “she is fine Mary.” Id. at ¶11. After her conversation with Nurse Costin, Nurse Cleary went back to Deputy Jaquez and reported the information from Nurse Costin to her. Id. at ¶12. Nurse Cleary also asked Deputy Jaquez if Ms. Rice had been drinking. Id. at ¶13. Deputy Jaquez informed Nurse Cleary that Ms. Rice had indeed been drinking. Id. at ¶13. Nurse Cleary then told Deputy Jaquez that Ms. Rice needed to drink fluids and sleep it off. Id. at ¶13.
Nurse Cleary was not deliberately indifferent to Ms. Rice’s medical condition and did not refuse to provide Ms. Rice medical evaluation or care. Id. at ¶14. Moreover, Nurse Cleary did not have knowledge during her shift on February18, 2006, that Ms. Rice had any serious medical
9

need. Id. at ¶14. Nurse Cleary was never asked to examine Ms. Rice. Id. at ¶14. The only information Nurse Cleary received was being advised about the condition of Ms. Rice’s feet; namely, that they were cold, and that she may have been taking a prescription medication. Id. at ¶14. It is common for inmates to complain of being cold during the winter months at the PADF. Id. at ¶14. Based on Nurse Cleary’s education and training, a complaint of cold feet from an inmate in a cold facility in February does not suggest that Ms. Rice was suffering from a serious medical condition or need. Id. at ¶14. Since Nurse Cleary did not see or evaluate Ms. Rice on February 18, 2006, it was appropriate for her to ask Nurse Costin about her condition and rely on his advice that she was fine. After her conversation with Nurse Costin, it was Nurse Cleary’s belief that Ms. Rice was fine. Id. at ¶14. If Nurse Cleary had been asked to examine or see Ms. Rice, or if she believed that Ms. Rice was in need of medical assistance, she would have evaluated Ms. Rice. Id. at ¶15.
Accordingly, Nurse Cleary was not deliberately indifferent to a serious medical need as she was unaware of any specific medical complaint by Ms. Rice. First, according to the standard set forth in Sealock, Ms. Rice’s condition on February 18, 2006 was not sufficiently serious as it had not been diagnosed by a physician as mandating treatment or was not so obvious that even a lay person would easily recognize the necessity for a doctor's attention.” Sealock v. Colorado, 218 F.3d 1205, 1209 (10th Cir. 2000). Inmate complaints of cold feet are common during the winter months at the PADF. It was not obvious that Ms. Rice needed to see a physician because of a complaint of cold feet in February. Second, Nurse Cleary was not deliberately indifferent to a serious medical need as she subjectively believed that Ms. Rice was fine on February 18, 2006. The Supreme Court has held that a prison official cannot be liable “unless the official knows of and disregards an excessive risk to inmate health or safety; the official must both be aware of
10

facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference.” Farmer, 511 U.S. at 837. The Court in Self concluded that the subjective component is satisfied only where the need for additional treatment or referral to a medical specialist is obvious. After being informed that Ms. Rice’s feet were cold and grey, Nurse Cleary took affirmative steps to inquire about Ms. Rice’s condition. Nurse Cleary went to Nurse Costin, the nurse who assessed Ms. Rice, and asked him about Ms. Rice. Nurse Costin told Nurse Cleary that Ms. Rice was fine. Therefore, after her conversation with Nurse Costin, Nurse Cleary subjectively believed that Ms. Rice was fine. In light of Nurse Cleary’s subjective belief on February 18, 2006, there is no basis to find that Nurse Cleary’s conduct was “wanton” and “repugnant to the conscience of mankind.” Estelle v. Gamble, 429 U.S. 97, 105-06 (1976). Accordingly, Plaintiffs cannot establish that Nurse Cleary was deliberately indifference and their Section 1983 claims should be dismissed.
II. PLAINTIFFS’ SECTION 1983 CLAIMS AGAINST NURSE CLEARY SHOULD BE DISMISSED BECAUSE QUALIFIED IMMUNITY SHIELDS HER FROM LIABILITY
A motion to dismiss based on qualified immunity is treated as a motion to dismiss for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1). Robbins v. BLM, 252 F.Supp.2d 1286, 1291 (D. Wyo. 2003). The party invoking federal jurisdiction has the burden of proving by a preponderance of the evidence that jurisdiction exists. Id.
When a defendant makes a facial attack on the complaint's allegations, which challenges the sufficiency of the complaint, the district court will accept the Plaintiff's allegations as true. Robbins, 252 F.Supp.2d at 1291; Stuart, 271 F.3d at 1225. If, however, the defendant goes beyond the allegations contained in the complaint and challenges the facts upon which subject matter jurisdiction depends, the district court will not presume the truthfulness of the Plaintiff's
11

allegations and has wide discretion to consider other documents to resolve the jurisdictional question. Id.
Qualified immunity shields government officials performing discretionary functions from individual liability under 42 U.S.C. § 1983 unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” Baptiste v. J.C. Penney Co., 147 F.3d 1252, 1255 (10th Cir. 1998). Qualified immunity is an entitlement not to stand trial or face the other burdens of litigation. Roska v. Peterson, 328 F.3d 1230, 1239 (10th Cir. 2003). The privilege is an immunity from suit rather than a mere defense of liability; and like absolute immunity, it is effectively lost if a case is erroneously permitted to go to trial. Id.
Whether defendant is entitled to qualified immunity is a question of law. Derda v. City of Brighton, Colo., 53 F.3d 1162, 1164 (10th Cir. 1995). Once a defendant asserts a qualified immunity defense, the burden shifts to Plaintiff to satisfy a "heavy two-part" test. Gross v. Pirtle, 245 F.3d 1151, 1156 (10th Cir. 2001). The Plaintiff must first establish "that the defendant's actions violated a [federal] constitutional or statutory right." Id. If Plaintiff establishes a violation of a federal constitutional or statutory right, he or she must then demonstrate that the right at issue was clearly established at the time of defendant's unlawful conduct. Id.
Plaintiff must articulate "with specificity" the clearly established constitutional or statutory right at issue. Romero v. Bd. of County Comm’rs, 60 F.3d 702, 704 (10th Cir. 1995). “It is insufficient simply to identify in the abstract a clearly established right and allege that the defendant has violated it.” Derda, 53 F.3d at 1164. For a right to have been clearly established, “the contours of the right must be sufficiently clear that a reasonable official would understand
12

that what he is doing violates that right.” Anderson v. Creighton, 483 U.S. 635, 640 (1987); see also Beard v. City of Northglenn, 24 F.3d 110, 114 (10th Cir. 1994).
“Ordinarily, in order for the law to be clearly established, there must be a Supreme Court or Tenth Circuit decision on point, or the clearly established weight of authority from other courts must have found the law to be as the Plaintiff maintains.” Tonkovich v. Kansas Board of Regents, 159 F.3d 504, 516 (10th Cir. 1998). To be “clearly established,” however, the exact conduct in question does not have to have been previously declared unlawful. Instead, in light of pre-existing law, the unlawfulness must be apparent. Dill v. City of Edmond, 155 F.3d 1193, 1212 (10th Cir. 1998).
There is no constitutional right to negligent-free medical care. Estelle v. Gamble, 429 U.S. 97, 106 (1976) ("Medical malpractice does not become a constitutional violation merely because the victim is a prisoner."); Perkins v. Kansas Dep’t of Corrections, 165 F.3d 803, 811 (10th Cir. 1999) (“A negligent failure to provide adequate medical care, even one constituting medical malpractice, does not give rise to a constitutional violation.”); Green v. Branson, 108 F.3d 1296, 1303 (10th Cir. 1997) (“A complaint that a physician has been negligent in diagnosing or treating a medical condition does not state a valid claim of medical mistreatment under the Eighth Amendment."). "[S]ection 1983 imposes liability for violations of rights protected by the constitution or laws of the United States, not for violations of duties of care arising out of tort law. Remedies for the latter type of injury must be sought in the state court under the traditional tort-law principles." Wise v. Bravo, 666 F.2d 1328, 1333 (10th Cir. 1981).
Instead, the Tenth Circuit recognizes a constitutional right to adequate medical treatment in narrow circumstances. Specifically, "when the State takes a person into its custody and holds him there against his will, the Constitution imposes upon it a corresponding duty to assume some
13

responsibility for his safety and general well-being." Johnson ex. rel. Johnson v. Thompson, 971 F.2d 1487, 1496 (10th Cir. 1992). It is the state's affirmative act of restraining a person’s “liberty,” through incarceration, institutionalization, or other similar means, which triggers the constitutional responsibility for the person’s safety and general well-being. Monahan v. Dorchester Counseling Ctr. Inc., 961 F.2d 987, 990 (1st Cir. 1992) (citing DeShaney v. Winnebago County Dept. of Social Services, 489 U.S. 189 (1989)).
To assert a cognizable claim in these narrow circumstances, the “prisoner must allege acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs.” Estelle, 429 U.S. at 106. Conclusory allegations without supporting factual averments are insufficient to state a claim on which relief can be based. Hill v. Corr. Corp. of Am., 14 F.Supp.2d 1235, 1238-39 (D. Kan. 1998) (dismissing the inmate's claims against the health services because the allegations were mostly conclusory and failed to reflect the level of deliberate indifference on the part of the health services necessary to show an Eighth Amendment violation); Meade v. Grubbs, 841 F.2d 1512, 1531 (10th Cir. 1988) (conclusory allegations are not sufficient to state a claim for deliberate indifference).
Here, Nurse Cleary is entitled to qualified immunity because Plaintiffs cannot establish that she violated a clearly established constitutional right. Plaintiffs’ section 1983 claim against Nurse Cleary should be dismissed as this claim is nothing more than a medical negligence claim. Perkins, 165 F.3d at 811 (“A negligent failure to provide adequate medical care, even one constituting medical malpractice, does not give rise to a constitutional violation.”). Although Plaintiffs have added the conclusory language that she acted with “deliberate indifference,” the factual allegations supporting the section 1983 claim are the same ones supporting the negligence claim. Plaintiffs allege that Nurse Cleary failed to examine, treat and care for Ms.
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Rice’s medical condition. Compare Plaintiffs’ First and Eighth Claims for Relief. Complaint, p. 13 ¶’s 118-129 with p. 18 ¶’s 170-180. Conclusory allegations that Nurse Cleary acted with “deliberate indifference” does not convert a medical negligence claim into a constitutional violation. Hill, 14 F.Supp.2d at 1238-39.
III. THE COURT SHOULD DECLINE SUPPLEMENTAL JURISDICTION OVER PLAINTIFFS’ STATE LAW CLAIMS
A district court generally should dismiss supplemental state law claims after all federal claims have been dismissed, particularly when federal claims are dismissed before trial. Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350, 108 S.Ct. 614, 98 L.Ed.2d 720 (1998); United States v. Botefuhr, 390 F.3d 1263, 1273 (10th Cir. 2002) (when all federal claims have been dismissed prior to trial, the court generally should decline to exercise supplemental jurisdiction over pendant state claims). Pursuant to United Mine Workers of America v. Gibbs, 383 U.S. 715, 726, 86 S.Ct. 1130, 16 L.Ed.2d 218 (1966), a district court should exercise its discretion and dismiss state law claims when: (1) dismissal would be in the interest of judicial economy, convenience and fairness to the litigants; (2) a surer-footed reading of state law could be obtained in the state court; (3) state issues predominated in terms of proof, scope of issues raised, or comprehensiveness of remedies sought; or (4) if divergent legal theories of relief were likely to cause jury confusion. Gibbs, 383 U.S. at 726-727, 86 S.Ct. at 1139.
This Court should exercise its sound discretion and decline to exercise supplemental jurisdiction over Plaintiffs’ state law claims since this case is in its early stages of litigation and Plaintiffs’ state law claims and issues of the Colorado Governmental Immunity Act prevail over Plaintiffs’ federal claims. In the interest of judicial economy and fairness the state court should address Plaintiffs’ state law claims. Finally, there is a potential for confusion of the issues
15

between Plaintiffs’ federal claims and the different relief available under Plaintiffs’ state law claims. The Court should accordingly exercise its discretion and decline to exercise supplemental jurisdiction over Plaintiffs’ state law claims.
CONCLUSION For the foregoing reasons, Defendant Mary Cleary, R.N. respectfully requests that this Court dismiss Plaintiffs’ federal claims pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim pursuant to Fed. R. Civ.14P. 12(6)(1) for lack of subject matter jurisdiction, and decline to exercise supplemental jurisdiction over Plaintiffs’ state law claims.
Respectfully submitted this 8th day of October 2007.
BY: s/ Thomas J. Kresl Thomas J. Kresl Bradley G. Robinson Johnson, McConaty & Sargent, P.C. 400 S. Colorado Blvd., Suite 900 Glendale, CO 80246 Telephone: 303-388-7711 Fax: 303-388-1749 E-Mail: tkresl@jmspc.com E-Mail: brobinson@jmspc.com Attorneys for Defendant Mary Cleary, R.N.
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing DEFENDANT MARY CLEARY, R.N.’S MOTION TO DISMISS PLAINTIFFS’ FEDERAL CLAIMS AND STATE LAW CLAIMS was filed via the United States CM/ECF system this 8th day of October 2007, and served to the following:

Darold W. Killmer, Esq. Mari Newman, Esq. Sara J. Rich, Esq. dkillmer@killmerlane.com mnewman@killmerlane.com srich@killmerlane.com

Luis Corchado, Esq. Luis.corchado@cidenver.co.us.com

Linda L. Siderius, Esq. Cindy A. Fleischner, Esq. Laura L. Revercomb, Esq. lsiderius@msfhc.com cfleischner@msfhc.com llrevercomb@msfhc.com

Scott Nixson, Esq. Felice Haas, Esq. snixon@pjckn.com fhaas@pjckn.com

John O. Martin, Esq. Kathleen M. Shea, Esq. jmartin@martinconklin.com kshea@martinconklin.com

Paul Faraci, Esq. Wendy Lewis, Esq. pfaraci@cooper-clough.com wlewis@cooper-clough.com

Steve Hensen, Esq. C. Todd Drake, Esq. shensen@montgomerylittle.com tdrake@mountgomerylittle.com

Joseph Jaudon, Esq. David Yun, Esq. jjaudon@jalegal.com dyun@jalegal.com

Catherine O’Brien Crum, Esq. Terry Cipoletti, Esq. Matthew M. Linton, Esq. cobrien@kcfpc.com tcipoletti@kcfpc.com mlinton@kcfpc.com

Cathy Havener Greer, Esq. William McConnell, III, Esq. cgreer@warllc.com woconnell@warllc.com

Thomas S. Rice, Esq. Gillian M. Falsing, Esq. trice@sgrllc.com sfahlsing@sgrllc.com

Marc F. Colin, Esq. Sarah McCutcheon, Esq. mcolin@bcjlpc.com smccutcheon@bcjlpc.com

Robert E. Goodwin, Esq. cheslerlawfirm@yahoo.com

s/ Karen D. Towner 17

 </s> IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 07-cv-01571-MSK-BNB
ESTATE OF EMILY RICE, et al.,
Plaintiffs,
v.
CITY AND COUNTY OF DENVER, COLORADO, et al.,
Defendants. _____________________________________________________________________________
NOTICE OF SETTLEMENT ______________________________________________________________________________
Plaintiffs, by and through their undersigned counsel, hereby notify the Court that this matter
has been settled with respect to all remaining claims against all remaining Defendants. The parties
anticipate finalizing the settlement paperwork on or before January 15, 2009, at which time they will
submit dismissal papers.
Respectfully submitted this 2nd day of December 2008.
KILLMER, LANE & NEWMAN, LLP
s/ Mari Newman ________________________________ Darold W. Killmer Mari Newman Sara J. Rich Althea S. Licht 1543 Champa Street, Suite 400 Denver, Colorado 80202
ATTORNEYS FOR PLAINTIFFS

CERTIFICATE OF SERVICE

I hereby certify that on December 2, 2008, I electronically filed the foregoing NOTICE OF SETTLEMENT with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail address:

William Thomas O’Connell , III: Cathy Havener Greer: Robert E. Goodwin: Thomas S. Rice: Gillian Marie Fahlsing: Luis Alberto Corchado: Marc F. Colin: Sarah Elizabeth McCutcheon: Andrew Ringel:

woconnell@warllc.com cgreer@warllc.com cheslerlawfirm@yahoo.com trice@sgrllc.com gfahlsing@sgrllc.com Luis.Corchado@ci.denver.co.us mcolin@bcjlpc.com smccutcheon@bcjlpc.com ringela@hallevans.com

ATTORNEYS FOR DEFENDANTS

s/ Kimberly Jones ____________________________

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 </s> Case 1:07-cv-01571-MSK-BNB Document 258 Filed 03/26/08 USDC Colorado Page 1 of 34
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 07-cv-01571-MSK-BNB
ESTATE OF EMILY RICE, By SUSAN GARBER and ROY RICE as Co-Personal Representatives; SUSAN GARBER, as parent and Co-Personal Representative of the Estate of Emily Rice; ROY RICE, as parent and Co-Personal Representative of the Estate of Emily Rice,
Plaintiffs, v.
CITY AND COUNTY OF DENVER, COLORADO; DENVER DEPARTMENT OF HEALTH AND HOSPITALS, D/B/A “DENVER HEALTH MEDICAL CENTER” AND “DENVER HEALTH”; JASON HAUKOOS, M.D., in his individual and official capacities; LISA CHENG, M.D., in her individual and official capacities; ROBERT KELLY COSTIN, R.N., in his individual and official capacities; MARIA BOUZIANE, R.N., in her individual and official capacities; MARY CLEARY, R.N., in her individual and official capacities; NANCYE ZIMMER, R.N., in her individual and official capacities; WENDY JO ANDERSON, R.N., in her individual and official capacities; CAPTAIN JACOB KOPYLOV, in his individual and official capacities; CAPTAIN JOHN RIORDON, in his individual and official capacities; SERGEANT LOREN COLLIER, in his individual and official capacities; SERGEANT HANS RASTEDE, in his individual and official capacities; SERGEANT RICHARD ROBERSON, in his individual and official capacities; SERGEANT KAROLINA SICH, in her individual and official capacities; SERGEANT ANTHONY SULLIVAN, in his individual and official capacities; DEPUTY KERI ADCOCK, in her individual and official capacities; DEPUTY JULIANA BARRON, in her individual and official capacities; DEPUTY SARAH BRIGHT, in her individual and official capacities; DEPUTY LAKISHA MINTER, in her individual and official capacities; DEPUTY FAUN GOMEZ, in her individual and official capacities; DEPUTY SHERMAINE GUZMAN, in her individual and official capacities; DEPUTY AMANDA LINE, in her individual and official capacities; DEPUTY JULIE KIRKBRIDE, in her individual and official capacities; DEPUTY MICHELLE SALEMI, in her individual and official capacities; DEPUTY JESSICA WANROW, in her individual and official capacities; and JOHN AND JANE DOES 1 THROUGH 20, DENVER CITY AND COUNTY SHERIFF'S DEPUTIES AND MEDICAL PERSONNEL, in their official and individual capacities.
Defendants.

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______________________________________________________________________________ AMENDED COMPLAINT AND JURY DEMAND (CORRECTED)
______________________________________________________________________________ Plaintiffs, Susan Garber, individually as Mother of the late Emily Rice and as Co-
Personal representative of the Estate of Emily Rice; and Roy Rice, individually as Father of the late Emily Rice and as Co-Personal representative of the Estate of Emily Rice, by and through their attorneys, KILLMER, LANE & NEWMAN, LLP, respectfully allege for their Amended Complaint and Jury Demand (Corrected) as follows:
I. INTRODUCTION 1. Emily Rice was a young woman with a warm and open personality and a bright future who suffered an agonizingly slow and painful death because Defendants simply did not care. Defendants violated the rights of Emily Rice, the daughter of the Plaintiffs, under the United States Constitution and the laws of the State of Colorado when knowingly and with deliberate indifference to her constitutional rights, they denied her necessary medical treatment for an obvious serious medical condition, thereby causing her extensive pain and suffering and ultimately death. Defendants’ conduct under color of state law proximately caused the deprivation of Ms. Rice’s federally protected rights. Defendants’ conduct, done willfully and wantonly, also gives rise to supplemental state claims.
II. JURISDICTION AND VENUE 2. This action arises under the Constitution and laws of the United States and the State of Colorado, and is brought pursuant to Title 42 U.S.C. § 1983, C.R.S. § 13-21-202 and the common law of the State of Colorado.
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3. Jurisdiction is conferred on this Court pursuant to 28 U.S.C. §§ 1331 and 1367. Jurisdiction supporting Plaintiffs’ claim for attorney fees and costs is conferred by 42 U.S.C. § 1988.
4. Venue is proper in the District of Colorado pursuant to 28 U.S.C. § 1391(b). All of the events alleged herein occurred within the State of Colorado, and all of the parties were residents of the State at the time of the events giving rise to this litigation.
III. CERTIFICATE OF REVIEW 5. Pursuant to C.R.S. § 13-20-602(3)(a), counsel certifies as follows:
a. Counsel has consulted with medical professionals with expertise in the areas of the alleged negligent conduct as set forth in Plaintiffs’ Amended Complaint;
b. The medical professionals who have been consulted have reviewed all known facts relevant to the allegations of negligent conduct as complained of in Plaintiffs’ Amended Complaint;
c. Based upon review of such facts, the medical professionals have concluded that the filing of the claims against the Defendants does not lack substantial justification within the meaning of C.R.S. § 13-17-102(4); and
d. The medical professionals who have reviewed all known facts relevant to the allegations of negligent conduct as contained in Plaintiffs’ Amended Complaint meet the requirements set forth in C.R.S. § 13-64-401. IV. PARTIES
Plaintiffs: 6. At all times pertinent hereto, the decedent, Emily Rice was a citizen of the United
States of America and a resident of the State of Colorado. 7. At all times pertinent hereto, Plaintiffs Susan Garber and Roy Rice, parents of and
co-personal representatives of the Estate of Emily Rice have been citizens of the United States of America and residents of the State of Colorado.
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Defendants: Denver Health Defendants: 8. Upon information and belief, Denver Department of Health and Hospitals, D/B/A
“Denver Health Medical Center” and “Denver Health” (hereinafter “Denver Health”), is a political subdivision of the State of Colorado with its principal office address at 777 Bannock Street, Denver, Colorado 80204.
9. At all times relevant to this Amended Complaint, Denver Health and all of its agents and employees were acting under color of state law.
10. Upon information and belief, at all relevant times, Defendant Jason Haukoos, M.D., was a physician licensed to practice medicine in the State of Colorado, and was an Attending Physician at Denver Health.
11. Upon information and belief, at all relevant times, Defendant Lisa Cheng, M.D., was a physician licensed to practice medicine in the State of Colorado, and was working as a Resident at Denver Health.
12. Upon information and belief, at all relevant times, Defendant Robert Kelly Costin, R.N., was a registered nurse with a principal place of business at Defendant Denver Health, and who served as a nurse at Denver Jail.
13. Upon information and belief, at all relevant times, Defendant Maria Bouziane, R.N., was a registered nurse with a principal place of business at Defendant Denver Health, and who served as a nurse at Denver Jail.
14. Upon information and belief, at all relevant times, Defendant Mary Cleary, R.N., was a registered nurse with a principal place of business at Defendant Denver Health, and who served as a nurse at Denver Jail.
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15. Upon information and belief, at all relevant times, Defendant Nancye Zimmer, R.N., was a registered nurse with a principal place of business at Defendant Denver Health, and who served as a nurse at Denver Jail.
16. Upon information and belief, at all relevant times, Defendant Wendy Jo Anderson, R.N., was a registered nurse with a principal place of business at Defendant Denver Health.
17. At all pertinent times mentioned herein, all of the Defendants sued in both their individual and official capacities were acting within the scope of their official duties and employment, under color of state law.
Jail Defendants: 18. Defendant City of and County of Denver is a Colorado municipal corporation. 19. At all times relevant to the subject matter of this litigation, Defendant Jacob Kopylov was a citizen of the United States and a resident of Colorado and was acting under color of state law in his capacity as a law enforcement officer employed as a Captain at the Denver Jail, in Denver, Colorado. 20. At all times relevant to the subject matter of this litigation, Defendant John Riordon was a citizen of the United States and a resident of Colorado and was acting under color of state law in his capacity as a law enforcement officer employed as a Captain at the Denver Jail, in Denver, Colorado. 21. At all times relevant to the subject matter of this litigation, Defendant Loren Collier was a citizen of the United States and a resident of Colorado and was acting under color of state law in his capacity as a law enforcement officer employed as a Sergeant at the Denver Jail, in Denver, Colorado.
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22. At all times relevant to the subject matter of this litigation, Defendant Hans Rastede was a citizen of the United States and a resident of Colorado and was acting under color of state law in his capacity as a law enforcement officer employed as a Sergeant at the Denver Jail, in Denver, Colorado.
23. At all times relevant to the subject matter of this litigation, Defendant Richard Roberson was a citizen of the United States and a resident of Colorado and was acting under color of state law in his capacity as a law enforcement officer employed as a Sergeant at the Denver Jail, in Denver, Colorado.
24. At all times relevant to the subject matter of this litigation, Defendant Karolina Sich was a citizen of the United States and a resident of Colorado and was acting under color of state law in her capacity as a law enforcement officer employed as a Sergeant at the Denver Jail, in Denver, Colorado.
25. At all times relevant to the subject matter of this litigation, Defendant Anthony Sullivan was a citizen of the United States and a resident of Colorado and was acting under color of state law in his capacity as a law enforcement officer employed as a Sergeant at the Denver Jail, in Denver, Colorado.
26. At all times relevant to the subject matter of this litigation, Defendant Keri Adcock was a citizen of the United States and a resident of Colorado and was acting under color of state law in her capacity as a law enforcement officer employed as a Deputy at the Denver Jail, in Denver, Colorado.
27. At all times relevant to the subject matter of this litigation, Defendant Juliana Barron was a citizen of the United States and a resident of Colorado and was acting under color
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Case 1:07-cv-01571-MSK-BNB Document 258 Filed 03/26/08 USDC Colorado Page 7 of 34
of state law in her capacity as a law enforcement officer employed as a Deputy at the Denver Jail, in Denver, Colorado.
28. At all times relevant to the subject matter of this litigation, Defendant Sarah Bright was a citizen of the United States and a resident of Colorado and was acting under color of state law in her capacity as a law enforcement officer employed as a Deputy at the Denver Jail, in Denver, Colorado.
29. At all times relevant to the subject matter of this litigation, Defendant Lakisha Minter (formerly known as Lakisha Forrest) was a citizen of the United States and a resident of Colorado and was acting under color of state law in her capacity as a law enforcement officer employed as a Deputy at the Denver Jail, in Denver, Colorado.
30. At all times relevant to the subject matter of this litigation, Defendant Faun Gomez was a citizen of the United States and a resident of Colorado and was acting under color of state law in her capacity as a law enforcement officer employed as a Deputy at the Denver Jail, in Denver, Colorado.
31. At all times relevant to the subject matter of this litigation, Defendant Shermaine Guzman was a citizen of the United States and a resident of Colorado and was acting under color of state law in his capacity as a law enforcement officer employed as a Deputy at the Denver Jail, in Denver, Colorado.
32. At all times relevant to the subject matter of this litigation, Defendant Amanda Line was a citizen of the United States and a resident of Colorado and was acting under color of state law in her capacity as a law enforcement officer employed as a Deputy at the Denver Jail, in Denver, Colorado.
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33. At all times relevant to the subject matter of this litigation, Defendant Julie Kirkbride was a citizen of the United States and a resident of Colorado and was acting under color of state law in her capacity as a law enforcement officer employed as a Deputy at the Denver Jail, in Denver, Colorado.
34. At all times relevant to the subject matter of this litigation, Defendant Michelle Salemi (formerly known as Michelle Padilla) was a citizen of the United States and a resident of Colorado and was acting under color of state law in her capacity as a law enforcement officer employed as a Deputy at the Denver Jail, in Denver, Colorado.
35. At all times relevant to the subject matter of this litigation, Defendant Jessica Wanrow was a citizen of the United States and a resident of Colorado and was acting under color of state law in her capacity as a law enforcement officer employed as a Deputy at the Denver Jail, in Denver, Colorado.
36. At all times relevant to the subject matter of this litigation, Defendants John and Jane Does 1 through 20 were citizens of the United States and residents of Colorado and were acting under color of state law in their capacities as law enforcement officers employed at the Denver Jail, in Denver, Colorado.
37. At all times relevant to this complaint, the City and County of Denver and all of its agents and employees were acting within the scope of their official duties and employment, under color of state law.
V. FACTUAL ALLEGATIONS 38. Emily Rae Rice, age 24, died at the Denver Jail while in the custody of the Denver Sheriff’s Department.
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39. As an autopsy revealed, Ms. Rice suffered from an 18-centimeter gaping gash in her liver, a lacerated spleen, and three broken ribs.
40. Ms. Rice’s death occurred as a direct result of the extreme and deliberate indifference to her serious medical condition and the reckless practices and procedures employed by the public officials in connection with her medical “treatment” and detention. The Accident and Denver Health
41. At approximately 6:50 a.m. on February 18, 2006, Emily Rice was involved in a non-fatal car accident, in which her car was totally destroyed.
42. A vehicle traveling approximately 40 miles per hour struck the right front of the vehicle driven by Ms. Rice while she was turning left, destroying her vehicle and causing lifethreatening injuries to Ms. Rice.
43. The accident was witnessed by a clerk in a nearby convenience store, who approached Ms. Rice’s vehicle immediately after the accident to render assistance.
44. After concluding that Ms. Rice was unconscious, the clerk returned to the convenience store and placed a 911 call.
45. Denver Police officers who arrived at the scene summoned paramedics who were dispatched by Denver Health to the scene of the accident at approximately 6:53 a.m.
46. Paramedics arrived at approximately 7:00 a.m. 47. Paramedics, who recognized the potential severity of Ms. Rice’s injuries, immobilized Ms. Rice and transported her to Denver Health. 48. The paramedics noted in a report that Ms. Rice’s airbag had deployed, and that she was complaining of pain in her right shoulder. Records indicate that Ms. Rice lost consciousness while the paramedics were evaluating her.
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49. The paramedics report also noted an odor of alcohol. 50. The paramedics further reported that they drew Ms. Rice’s blood, and that they administered oxygen while transporting Ms. Rice to Denver Health. 51. Upon arrival at Denver Health, Ms. Rice was first booked, and then admitted as a detainee to the Emergency Department of Denver Medical at approximately 7:45 a.m. 52. Upon information and belief, Wendy Jo Anderson was the Charge Nurse assigned to Emily Rice while she was in the Emergency Department. 53. Upon information and belief, Ms. Rice was briefly examined by a resident, Defendant Lisa Cheng, M.D. who indicated on a Trauma Flow Sheet that Ms. Rice was experiencing pain in two trauma sites, her left shoulder and her left abdomen/side. 54. Although Ms. Rice’s “pain score” was 7 out of 10 and it was reported that she had already lost consciousness, no diagnostic tests or lab work were ordered to determine the cause of her shoulder or abdominal/side pain. 55. Instead, the only lab work performed on Ms. Rice was a breathalyzer at 7:55 a.m., which indicated a blood alcohol level of .121. 56. The Colorado Department of Public Heath and Environment conducted an investigation in which federal deficiencies were cited under the category of “Patient Dumping” for Denver Health medical personnel’s failure to conduct an adequate medical screening of Ms. Rice. 57. While Ms. Rice was detained in the Denver Health Emergency Department she cried out and requested help from medical staff for pain in both her left abdomen/side and left shoulder.
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58. Ms. Rice reported pain in her “right ribs” to a nurse who heard her cries for help. The nurse then “palpitated the area of the abdomen under the right and left ribs.”
59. The nurse reported the pain to the physician and the primary care nurse, Wendy Jo Anderson, and requested that the physician provide pain medication to Ms. Rice.
60. The nurse later repeated the abdominal exam and the findings remained the same. 61. The physician and the primary care nurse failed to follow-up on Ms. Rice’s report of side and abdominal pain before releasing Ms. Rice into the custody of the Denver Sheriff’s Department for transport to the Denver Jail. 62. The attending physician, Defendant Jason Haukoos, M.D. noted in Ms. Rice’s medical file that, after discussing the case with Dr. Cheng and reviewing the medical charts, it was his assessment that Ms. Rice was merely suffering from a shoulder contusion. 63. A physician noted that a “sober re-evaluation” of Ms. Rice was conducted. 64. The investigation performed by the Colorado Department of Public Heath and Environment also cited federal deficiencies under the category of “Patient Dumping” for Denver Health medical personnel’s failure to provide adequate stabilizing treatment to Ms. Rice. 65. According to medical records, Ms. Rice was given ibuprofen for pain at 9:25 a.m., and then released into the custody of the Denver Sheriff’s Department at 10:00 a.m. for detention. 66. Medical personnel at Denver Health did not take Ms. Rice’s vital signs or reexamine and assess her abdomen before releasing her into the custody of the Denver Sheriff’s Department.
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67. According to medical records, the “Final ED Assessment,” which was completed by Defendant Lisa Cheng, M.D. and was signed by Defendant Jason Haukoos, M.D., states “shoulder strain, Etoh intoxication.”
68. The written Emergency After Care Instructions indicate that Ms. Rice was to return to the Emergency Department for “new injury, worsening symptoms, other urgent concerns.”
69. As a detainee, Ms. Rice was not free to return to the Emergency Department at will, but rather could do so only with the express permission and assistance of personnel at the Denver Jail.
70. Denver Health released Ms. Rice into the custody of the Denver Sheriff’s Department at 10:00 a.m., despite the fact that she reported that she was in serious pain, and Denver Health had not taken reasonable steps to determine the cause of the pain.
71. The investigation performed by the Colorado Department of Public Heath and Environment likewise cited federal deficiencies under the category of “Patient Dumping” for Denver Health’s having inappropriately transferred Ms. Rice into the custody of the Denver Sheriff’s Department. Denver Jail
72. Ms. Rice arrived at the Denver Jail at approximately 10:50 a.m., where she was questioned and searched by Defendants Deputies, including Lakisha Minter and Julie Kirkbride. Ms. Rice was unable to stand when Deputy Minter attempted to search her.
73. According to deputy statements, Ms. Rice was very cooperative and polite to all of the jail staff with whom she interacted, was not hostile, belligerent or uncooperative in any way, and did not pose any safety risk to jail staff.
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74. When an inmate arrives at the Pre-Arraignment Detention Facility from Denver Health Medical Center, the City and County of Denver’s policy mandates that the inmate be taken directly to the nurse to be examined prior to any other booking procedures taking place. Although Denver Health had discharged Ms. Rice into the Denver Sheriff’s Department’s custody with instructions regarding her medical condition, Ms. Rice was not taken to the jail nurse for evaluation during the intake process or for hours thereafter.
75. Defendants did not follow the normal booking procedure. Instead, Defendants placed Ms. Rice in cell 2E-11, an isolation cell, for several hours prior to booking her.
76. According to deputy statements, Defendants placed Ms. Rice in the isolation cell because Ms. Rice was unable to stand up to complete the booking process. Without reviewing any part of the medical file that accompanied Ms. Rice from Denver Health or performing any medical evaluation of Ms. Rice, Defendants made the judgment that Ms. Rice was simply “drunk,” and determined that she should be placed in an isolation cell rather than being taken to the nurse for medical evaluation.
77. Pursuant to Denver Jail policy, when an inmate is placed in an isolation cell, deputies are required to 1) create a “notable sheet” explaining the reason the inmate was placed in isolation; 2) make a notation in the Sergeant’s office advising why the inmate could not be booked at that time; and 3) check on the inmate every 30 minutes. Defendants failed to take any of these steps, all in violation of jail policy.
78. Medical care at the Denver Jail is provided by nurses and other medical professionals employed by Denver Health, and stationed at the Denver Jail pursuant to a contract between the City and County of Denver and Denver Health.
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79. The Denver Health nurses on duty during the period of time that Ms. Rice was detained in the Denver Jail were Defendant Costin, Defendant Bouziane, Defendant Cleary, and Defendant Zimmer.
80. At approximately 3:09 p.m., Ms. Rice, who was walking very unsteadily and holding the wall for assistance, was escorted to have her fingerprints and mug shots taken.
81. Ms. Rice complained to Deputy Jaquez that she was feeling very bad and she was then, finally, taken to speak with a nurse, Defendant Kelly Costin.
82. One of the deputies handed Defendant Nurse Costin an envelope from Denver Health containing Ms. Rice’s medical records. Ms. Rice was physically unable to get up on the gurney for an evaluation and told the deputy in Defendant Nurse Costin’s presence that she was feeling very bad. Unable to get up on the gurney, Ms. Rice rested her head in her arms on the gurney. All of this occurred in the presence of Defendant Nurse Costin.
83. Nurse Costin did nothing to evaluate Emily’s medical condition. Defendant Nurse Costin did not take Ms. Rice’s vital signs, blood pressure, pulse or even speak to Ms. Rice. Without asking Emily Rice a single question or doing anything to examine her, Defendant Nurse Costin stated, “She’s drunk. Let her go sleep it off.”
84. At this point, however, Ms. Rice had been in custody for over seven hours since her blood alcohol had been measured at .121, and thus she could not have been “drunk.”
85. The nurses who work at the Pre-Arraignment Detention Facility are supposed to ask each inmate they evaluate a battery of questions prior to making any kind of determination regarding her medical condition. The nurses are required to complete paperwork, including the “infirmary trip” form, specifying the inmate’s responses to the questions, and the nurses are also required to enter this information into the hospital computer that is stationed in the infirmary.
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Defendant Nurse Costin did not follow any of these policies and procedures when he “evaluated” Emily Rice on this occasion.
86. After escorting Ms. Rice out of the infirmary, Deputy Minter then began entering Emily’s information into the computer for booking purposes. However, Ms. Rice had been “prebooked” and her basic information had been entered into the computer already. This prebooking procedure is outside of Defendants’ normal procedures.
87. At approximately 3:18 p.m., Deputy Minter attempted to take Ms. Rice’s mug shot, but before she was able to do so, Emily Rice slid down the wall and slumped over onto her side, and her eyes rolled into the back of her head. It was obvious to deputies who observed her that something was seriously wrong.
88. Deputy Jaquez then went back to the nurse’s station and informed Defendant Nurse Costin that the girl that he had just seen, Emily Rice, had just fallen at the booking station and he needed to come evaluate her. Defendant Nurse Costin replied, “Oh drama. I knew that was going to happen.” According to Deputy Jaquez, Defendant Nurse Costin’s demeanor was that of contempt and as if he was being burdened by having to attend to Emily. Deputy Jaquez reported that even before Defendant Costin saw Ms. Rice lying on the floor, he acted as though he already thought she was faking her symptoms. His demeanor was beyond unprofessional.
89. When Defendant Nurse Costin and Deputy Jaquez returned to the booking station where Ms. Rice was still lying on the ground, Defendant Nurse Costin did not touch Ms. Rice except to kick at her foot. In a very annoyed tone of voice, Nurse Costin yelled “Hey! Hey! Get up and go sleep this off.” Defendant Nurse Costin did not take Ms. Rice’s vital signs, blood pressure, pulse or ask her any questions. He then just turned and walked away.
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90. Denver Jail staff did not take Ms. Rice back to Denver Health in keeping with the After Care Instructions, but instead pulled her to her feet, and continued the “check-in” process.
91. At some point during the afternoon of February 18, 2006, Deputy Jaquez, who happened to be a family friend of Ms. Rice, allowed Ms. Rice to call her mother, Plaintiff Susan Garber. Ms. Rice told her mother that she could not feel her feet, but that she had been told by a jail nurse that she just needed to “sleep it off.”
92. Ms. Rice’s mother, Susan Garber, tried unsuccessfully to bail Ms. Rice out of jail. 93. Ms. Garber also went to the jail at approximately 6:45 p.m., but was not allowed to see her daughter. 94. During that afternoon or the early evening of February 18th, Deputy Jaquez became increasingly concerned regarding Ms. Rice’s complaints of numbness in her feet, and her own observation that Ms. Rice’s feet were cold and grey. 95. According to at least one witness statement, Ms. Rice was asking to see a nurse when she was escorted to her cell by Deputy Jaquez. 96. Ms. Rice told Deputy Jaquez that she thought her “feet [were] broken.” Emily said, “my feet are really cold. I can’t feel my feet.” Upon inspection, Deputy Jaquez immediately noted that Ms. Rice’s feet were a very strange color and her skin was very pale. 97. Recognizing immediately that Emily was suffering from serious medical issues, Deputy Jaquez alerted a second jail nurse, Defendant Mary Cleary, that Ms. Rice was having medical problems, and that her feet were cold and grey. Defendant Cleary was aware that Ms. Rice had earlier fallen down during booking, as Cleary was in the nurses’ station when Deputy Jaquez spoke with Defendant Nurse Costin and asked him to come and tend to Ms. Rice.
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98. Despite the fact that Ms. Rice had been released from Denver Health with a record that she and been in an automobile accident and instructions to return to the hospital if she had any “worsening symptoms” or “other urgent concerns”, Defendant Cleary refused to perform any medical evaluation or provide any medical care to Ms. Rice.
99. In response to Deputy Jaquez’s requests for help, Defendant Nurse Cleary responded by saying, “Oh hon, that’s not nothing. She’s drunk. She needs to hydrate and she needs to sleep it off. You can’t hurry it, only time will help. There is nothing we can do.” Nurse Cleary did not physically examine Ms. Rice or do anything further to assess Ms. Rice’s medical condition. Without ever even looking at Emily, Nurse Cleary simply repeated, “Just tell her to sleep it off and hydrate.”
100. Unfortunately for Ms. Rice, the one and only member of the jail staff who apparently cared one whit about her serious medical condition, Jessica Jaquez, went off duty in the early evening of February 28, 2006.
101. Throughout the course of the evening and through the night, Ms. Rice called out repeatedly for help.
102. Despite her cries for help, no nurse came to Ms. Rice’s cell from the time that she was placed in it, after booking, and before dinner that night.
103. Others confined in nearby cells recognized Ms. Rice’s obvious serious medical need and likewise pleaded with guards to render medical assistance to Ms. Rice. Deputies and nurses continued to state that Ms. Rice was just drunk.
104. At least one point during the night, Ms. Rice’s cries for help became so urgent that others in nearby cells began screaming and banging on the glass in order to get the attention of guards and to convince them to provide medical care to Ms. Rice.
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105. Over and over, Ms. Rice alerted various guards regarding her serious medical condition, but her pleas for help were repeatedly ignored.
106. At approximately 10:30 p.m. one guard came around and told Ms. Rice that the nurse’s rounds were around 11:00 and that they would come see her at that time.
107. The guards kept yelling at the inmates to be quiet and eventually closed the door so that they would not be disturbed by the inmates’ cries for help for Emily Rice.
108. Ms. Rice told guards that she was unable to get up, that she was experiencing numbness in her legs and/or feet, and that she was very cold.
109. During one interaction with a guard, Ms. Rice’s blanket fell off of her and to the floor, but Ms. Rice was too weak to cover herself back up.
110. Upon information and belief, some time before midnight on February 18th, at least one guard alerted jail nurse Defendant Maria Bouziane that Ms. Rice was experiencing these symptoms and needed medical help.
111. Defendant Zimmer was working the same shift as Defendant Nurse Bouziane. These were the only two medical personnel on staff during this shift. Neither took any action to address Ms. Rice’s obvious, serious medical needs.
112. Defendant Zimmer was on duty at the Denver Jail from 6:00 p.m. on February 18, 2006 through 6:00 a.m. on February 19, 2006. This time frame includes the last twelve hours of Ms. Rice’s life.
113. Defendant Zimmer and Defendant Bouziane knew that Ms. Rice was brought to the Denver Jail from Denver Health with after care instructions that stated she was to be returned to Denver Health for “new injury, worsening symptoms, other urgent concerns.”
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114. Defendant Zimmer learned that there was an inmate who was in need of medical attention and who had been in a car accident earlier that day. Nurse Zimmer refused to provide any treatment for Ms. Rice.
115. Defendant Nurse Bouziane stated that she was aware Ms. Rice had been released to the jail from Denver Health after being involved in a car accident, and that Nurse Zimmer would get to Ms. Rice later when she did nursing rounds.
116. Defendant Bouziane was the Charge Nurse and conducted the regularly scheduled “welfare check” that night.
117. When rounds were conducted, Ms. Rice told the nurse that she could not feel her legs and that she could not stand up. The nurse responded, “Get up and stop acting like that!” The nurse did not provide medical care to Ms. Rice. The nurse did not even examine Ms. Rice. The nurse just stated, “There’s nothing we can do. You need to sleep it off.”
118. Upon information and belief, Defendants Zimmer and Bouziane were able to hear the yelling and screaming of the detainees throughout the night from the nurse’s station where they worked and other locations.
119. Defendants Bouziane and Zimmer heard numerous detainees screaming and banging on the walls of their cells, calling for assistance for Ms. Rice. Both Defendants Bouziane and Zimmer ignored the pleas and cries of Ms. Rice and other detainees.
120. Throughout the rest of the night, Defendant Bouziane and Defendant Zimmer were informed by guards that Ms. Rice needed medical assistance, but refused to provide her with any care.
121. Defendants Zimmer and Bouziane both knew of, and were deliberately indifferent to, Ms. Rice’s obvious serious medical needs.
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122. In failing to assess Ms. Rice’s medical needs and/or allow a medical evaluation by a physician or other medical professional, Defendant Bouziane and Defendant Zimmer refused to perform their gate-keeping role and violated Ms. Rice’s constitutional rights.
123. Defendant Bouziane’s and Zimmer’s deliberate indifference to Emily Rice’s serious medical needs was, wholly or in part, the proximate cause of Emily Rice’s death.
124. Even after Defendant Nurse Bouziane refused to provide medical care to Ms. Rice, none of the Defendant guards who had alerted Bouziane to her serious medical need took any further action to assist Ms. Rice or to secure medical care for her.
125. Later that night, Ms. Rice started screaming and crying. She was screaming, “I can’t feel my legs!” and “I need help!” and “I’m really sick!” She was moaning and crying and screaming for help and she was “begging for her life” and was making so much noise that none of the other inmates could sleep, and all of the other inmates were very concerned. Some of the inmates tried to talk to Ms. Rice in an attempt to keep her calmed down because she was becoming hysterical.
126. Later in the night or very early morning, after approximately 20-30 minutes of several detainees screaming and banging on the glass, a male Sergeant, Anthony Sullivan, came in and asked Ms. Rice what she wanted.
127. Ms. Rice told Sergeant Sullivan that she could no longer feel her legs, and that she was very cold, and that she needed more blankets.
128. In deliberate indifference to Ms. Rice’s obvious serious medical need, Defendant Sullivan did not provide her with any medical help. Instead, he told Ms. Rice that she was not allowed to have another blanket and left. He did not alert medical staff to Ms. Rice’s obvious serious medical need.
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129. Throughout the rest of the night and early morning, Ms. Rice and other detainees continued to beg for guards or other jail staff to help Ms. Rice, to no avail.
130. During the early morning of February 19, 2006, guards entered the cell area to let the detainees out for breakfast.
131. Ms. Rice did not leave her cell, and no guard provided any assistance to her. 132. Ms. Rice complained to another female guard that she was unable to feel her feet. The guard did nothing to address this serious medical condition, nor did she do anything to alert the jail nurse. 133. The guards steadfastly refused to provide any medical care to Ms. Rice or to provide her access to medical treatment, despite the repeated and vocal urgings of Ms. Rice and other detainees, who could hear and observe that Ms. Rice was seriously injured. 134. Instead, guards, nurses, and other public employees in the jail not only denied Ms. Rice access to medical treatment, but consciously disregarded her obvious serious medical need. 135. At approximately 5:15 on the morning of February 19, 2006, another young female detainee (referred to herein as “NC”) was escorted by a guard to the cell occupied by Ms. Rice. 136. NC observed that Ms. Rice was moaning in pain. 137. When NC asked Ms. Rice if she was okay, Ms. Rice informed her that she could not move her legs. Ms. Rice also told NC that she could not sit up. 138. NC asked Ms. Rice if she should call for help, but Ms. Rice, who had been crying in vain for help throughout the night, told NC that calling for help was useless, as she and others had already told the guards and nurses, but nobody would listen. 139. Shortly thereafter, a guard asked NC if she would like to make a telephone call.
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140. NC responded that she would, and also told the guard that she needed to help Ms. Rice because there was something wrong and she could not move.
141. The guard opened the cell door to allow NC to exit and use the phone, and then directed Ms. Rice to get up and asked her what was wrong with her. The guards and a nurse then went back to Emily’s cell and the nurse yelled at Emily to “Get up! You’re just playing with us – get up and walk!”
142. While NC was at the telephone, she heard the guard call for a nurse and then walk down the hall into an office.
143. A nurse appeared carrying an oxygen tank and a backpack, and went into Ms. Rice’s cell along with a number of guards.
144. According to medical records, Ms. Rice was unresponsive and showed no vital signs by the time that emergency medical personnel finally arrived. Ms. Rice was transported by ambulance to Denver Health, whether she was pronounced dead.
145. According to the “Final ED Assessment” of Dr. Cheng and the “Assessment” of attending physician Dr. Pons, Ms. Rice died at 6:52 a.m. of cardiac arrest. Dr. Cheng’s Assessment also noted a “suspected spleen injury” related to Ms. Rice’s car accident.
146. According to autopsy reports, Ms. Rice died of injuries resulting from blunt force trauma to the abdomen, with an 18 cm gaping deep laceration in the liver and a laceration in the spleen.
147. The autopsy also revealed considerable internal bleeding and three fractured ribs. 148. Ms. Rice died of avoidable internal bleeding, alone in her cell, after many hours of excruciating pain.
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149. Following Ms. Rice’s death, the Office of the Independent Monitor attempted to conduct an investigation into the in-custody death of Ms. Rice.
150. This investigation was thwarted by Defendant Denver Health’s and the medical Defendants’ absolute refusal to cooperate.
VI. CLAIMS FOR RELIEF FIRST CLAIM FOR RELIEF (§ 1983 – Failure to Provide Medical Care and Treatment)
(Against All Defendants) 151. Plaintiffs hereby incorporate all other paragraphs of this Amended Complaint as if fully set forth herein. 152. At all times relevant to the allegations in this Amended Complaint, Defendants acted or failed to act under color of state law. 153. Defendants are persons under Title 42 U.S.C. § 1983. 154. At all times relevant to the allegations in this Amended Complaint, Defendants were acting pursuant to municipal custom, policy, or practice in their actions pertaining to Emily Rice. 155. Defendants knew or should have known of Ms. Rice’s potentially life-threatening medical condition. 156. Nevertheless, with deliberate indifference to Ms. Rice’s constitutional right not to be denied necessary medical care, protected by the Due Process Clause of the Fourteenth Amendment, Defendants failed to examine, treat and care for Ms. Rice’s worsening condition and failed to send Ms. Rice for treatment. They did so despite their knowledge of her obvious serious medical needs, placing her at risk of substantial physical harm.
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157. When Ms. Rice, and others on her behalf, called for medical assistance, Defendants acted with deliberate indifference to Ms. Rice’s obviously serious medical need and constitutional rights in failing to obtain and provide medical treatment for her in a timely and appropriate fashion.
158. The Colorado Department of Public Heath and Environment conducted an investigation in which federal deficiencies were cited under the category of “Patient Dumping” for Denver Health medical personnel’s failure to provide adequate medical treatment to Ms. Rice, failure to conduct an adequate medical screening of Ms. Rice, and inappropriately transferring Ms. Rice into custody of the Denver Sheriff’s Department.
159. The acts or omissions of all Defendants were conducted within the scope of their official duties and employment.
160. The acts or omissions of all Defendants were the legal and proximate cause of Ms. Rice’s injuries and death.
161. Defendant City and County of Denver’s unconstitutional policies, customs or practices, as described herein, were the legal and proximate cause of Ms. Rice’s injuries and death.
162. The acts or omissions of each Defendant caused Ms. Rice damages in that she suffered extreme physical and mental pain during the approximately twenty-four hours leading up to her death, and ultimately caused Ms. Rice’s death.
163. The actions and inactions of Defendants as described herein intentionally deprived Ms. Rice of due process and of rights, privileges, liberties, and immunities secured by the Constitution of the United States of America, and caused her other damages.
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SECOND CLAIM FOR RELIEF (§ 1983 – Municipal Liability for Failure to Train and Supervise) (Against Defendants City and County of Denver and Denver Health) 164. Plaintiffs hereby incorporate all other paragraphs of this Amended Complaint as if fully set forth herein. 165. Defendants City and County of Denver and Denver Health failed to properly train and supervise their employees to recognize and appropriately respond to medical emergencies. 166. Defendants City and County of Denver and Denver Health knew, or should have known, that its employees would fail to adequately identify and respond appropriately to medical emergencies, violating detainees’ constitutional rights. 167. Defendants City and County of Denver and Denver Health were deliberately indifferent to the obvious serious medical needs of patients and jail detainees, knowing that potentially fatal consequences could be suffered by such individuals (including Ms. Rice) by failing to properly train and supervise their employees. Defendants City and County of Denver and Denver Health could have and should have pursued reasonable methods for the training and supervising of such employees, but failed to do so. 168. Defendants City and County of Denver’s and Denver Health’s policies, customs, or practices in failing to properly train and supervise their employees were the moving forces and proximate cause of the violation of Ms. Rice’s constitutional rights. 169. The acts or omissions of Defendants City and County of Denver and Denver Health caused Ms. Rice damages in that she suffered extreme physical and mental pain during the approximately twenty-four hours leading up to her death and ultimately caused her death.
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170. The actions and inactions of Defendants City and County of Denver and Denver Health as described herein deprived Ms. Rice of the rights, privileges, liberties, and immunities secured by the Constitution of the United States of America, and caused her other damages.
THIRD CLAIM FOR RELIEF (§ 1983 – Supervisory Liability for Failure to Train and Supervise) (Against Defendants Captain Jacob Kopylov, Captain John Riordon, Sergeant Loren Collier, Sergeant Hans Rastede, Sergeant Richard Roberson, Sergeant Karolina Sich, Sergeant Anthony Sullivan (referred to collectively herein as “Supervisory Jail Defendants”)) 171. Plaintiffs hereby incorporate all other paragraphs of this Amended Complaint as if fully set forth herein. 172. The Supervisory Jail Defendants each have duties to train and supervise deputy sheriffs, nurses and other jail personnel in order to ensure the safety and well-being of detainees in the jail facility. 173. Each of the Supervisory Jail Defendants failed to discharge these duties. 174. The Supervisory Jail Defendants acted intentionally in failing to adequately train and supervise deputy sheriffs, nurses and other jail personnel. 175. The Supervisory Jail Defendants’ failure to properly train and supervise their subordinate employees was the moving force and proximate cause of the violation of Ms. Rice’s constitutional rights. 176. The acts or omissions of the Supervisory Jail Defendants caused Ms. Rice damages in that she suffered extreme physical and mental pain during the approximately twentyfour hours leading up to her death and ultimately caused her death. 177. The actions and inactions of the Supervisory Jail Defendants as described herein deprived Ms. Rice of the rights, privileges, liberties, and immunities secured by the Constitution of the United States of America, and caused her other damages.
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FOURTH CLAIM FOR RELIEF (§ 1983 – First and Fourteenth Amendments – Deprivation of Familial Association)
(On Behalf of Plaintiffs Susan Garber and Roy Rice, Against All Defendants) 178. Plaintiffs hereby incorporate all other paragraphs of this Amended Complaint as if fully set forth herein. 179. Plaintiffs Susan Garber and Roy Rice had a clearly established right to not be deprived of their liberty interest in their intimate familial association with their daughter, Emily Rice, at the time of the events described herein. The constitutional right to family integrity or association protects family relationships. 180. Plaintiffs’ liberty interest and right of familial association outweighed any state interest in depriving them of such right of intimate association under the facts and circumstances of this case. 181. Defendants’ conduct as described herein, in preventing Plaintiff Susan Garber from seeing Emily Rice at the jail and in intentionally engaging in the conduct that led to the death of Emily Rice, deprived Plaintiffs Susan Garber and Roy Rice of their liberty interest in their intimate association with Emily Rice, their daughter, as protected under the First and Fourteenth Amendments to the United States Constitution. 182. Defendants’ conduct was engaged in maliciously or in reckless disregard of Plaintiffs’ federally protected rights to intimate familial association. 183. Defendants’ conduct proximately caused significant injuries, damages and losses to Plaintiffs Susan Garber and Roy Rice. 184. Defendants’ conduct as described throughout this Amended Complaint deprived all Plaintiffs of their clearly established constitutional rights of which reasonable persons in Defendants’ position knew or should have known.
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FIFTH CLAIM FOR RELIEF (State Law Claim for Negligent Training and Supervision) (Against Defendants City and County of Denver, Denver Health and Supervisory Jail
Defendants) 185. Plaintiffs hereby incorporate all other paragraphs of this Amended Complaint as if fully set forth herein. 186. Defendants City and County of Denver, Denver Health, and Supervisory Jail Defendants each had a duty to exercise reasonable care in the training and supervision of their employees in a manner that provided the detainees under their care with reasonable medical care and treatment. 187. Defendants’ conduct as described herein breached their duty to exercise reasonable care in the training and supervision of their subordinate employees. 188. Defendants City and County of Denver, Denver Health, and Supervisory Jail Employees, because they knew or should have known of the lack of supervision, experience and training among their employees, also had reason to know that their employees were likely to harm Denver Jail detainees in need of medical care, including Ms. Rice. 189. In failing to exercise reasonable care in the training and supervision of their employees relative to their providing reasonable medical care and treatment, Defendants City and County of Denver, Denver Health and Supervisory Jail Defendants were negligent. 190. The negligence of Defendants City and County of Denver, Denver Health and Supervisory Jail Defendants proximately caused Ms. Rice significant physical and mental pain and suffering and other damages in the final approximately twenty-four hours of her life. 191. Defendants’ conduct has proximately caused Susan Garber and Roy Rice significant pain, suffering, grief, loss of comfort and society, and other damages arising from the suffering and ultimate death of their daughter, Ms. Rice.
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SIXTH CLAIM FOR RELIEF (State Law Claim for Outrageous Conduct) (Against Jail Defendants, Denver Health and Denver Health Nurses at the Jail) 192. Plaintiffs hereby incorporate all other paragraphs of this Amended Complaint as if fully set forth herein. 193. Defendants’ conduct as described herein, including their failure to provide reasonable medical care and treatment to Ms. Rice, constituted omissions or acts of extreme and outrageous conduct. 194. Defendants engaged in such outrageous conduct recklessly or with the intent of causing the Decedent, Ms. Rice, and Ms. Rice’s parents, Plaintiffs Susan Garber and Roy Rice, severe emotional distress. 195. Defendants City and County of Denver and Denver Health are legally responsible to claimants for any harm caused by employees acting on their behalf. 196. Defendants’ outrageous conduct caused Plaintiffs to suffer severe emotional distress.
SEVENTH CLAIM FOR RELIEF (State Law Claim for Wrongful Death under C.R.S. § 13-21-202) (Against Jail Defendants, Denver Health and Denver Health Nurses at the Jail) 197. Plaintiffs hereby incorporate all other paragraphs of this Amended Complaint as if fully set forth herein. 198. The Jail Defendants, at all times relevant hereto, were employees of Defendants City and County of Denver. The nurses at the Denver Jail, at all times relevant hereto, were employees of Denver Health. 199. Defendant City and County of Denver and Denver Health are legally responsible to claimants for any harm caused by employees acting on their behalf.
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200. Plaintiffs, as the parents of Ms. Rice, suffered and continue to suffer economic and non-economic damages due to Defendants’ conduct toward their daughter, including but not limited to economic damages for funeral expenses and financial losses due to the financial benefits they would have reasonably expected to receive from their daughter had she lived, and non-economic damages for grief, loss of their daughter’s companionship, impairment in the quality of their lives, inconvenience, pain and suffering, and extreme emotional stress.
201. Defendants’ conduct was attended by circumstances of malice, or willful and wanton conduct, which Defendants must have realized was dangerous, and that was done heedlessly and recklessly, without regard to the consequences to Ms. Rice and her parents.
202. Defendants consciously disregarded a substantial and unjustifiable risk that they knew or should have known would cause the death of another.
203. Defendants’ conduct constituted a felonious killing under C.R.S. §§ 13-21-203 and 15-11-803, such that there shall be no statutory limitation on damages available herein to Plaintiffs.
EIGHTH CLAIM FOR RELIEF (Medical Negligence/ Negligent Medical Care and Treatment)
(Against all Denver Health Defendants) 204. Plaintiffs hereby incorporate all other paragraphs of this Amended Complaint as if fully set forth herein. 205. At all times relevant to this action, Emily Rice was under the care and treatment of the Denver Health Defendants. 206. Defendants Cheng and Haukoos had a physician-patient relationship with Emily Rice at all times pertinent to this Amended Complaint.
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207. Defendants Anderson, Costin, Bouziane, Cleary and Zimmer had a nurse-patient relationship with Emily Rice at all times pertinent to this Complaint.
208. During the course of this medical treatment, Denver Health Defendants were negligent in their care and treatment of Emily Rice.
209. Defendants had a duty to provide reasonable medical care and treatment to detainees at Denver Jail, including Ms. Rice.
210. Defendants breached their duty of care and were negligent when they failed to provide Ms. Rice with reasonably obtainable and necessary emergency medical treatment.
211. With respect to their care and treatment of Emily Rice, Denver Health Defendants owed Emily Rice a duty to exercise that degree of care, skill, caution, diligence and foresight exercised by and expected of physicians and nurses in similar situations. The Denver Health Defendants deviated from that standard of care and were negligent in failing to properly diagnose and treat Emily Rice.
212. The Denver Health Defendants were negligent in failing to properly diagnose and treat Emily Rice during the course of her detention at Denver Health and Denver Jail.
213. This is confirmed by the Colorado Department of Public Heath and Environment investigation in which federal deficiencies were cited under the category of “Patient Dumping” for Denver Health medical personnel’s failure to provide adequate medical treatment to Ms. Rice, failure to conduct an adequate medical screening of Ms. Rice, and inappropriate transfer of Ms. Rice into the custody of the Denver Sheriff’s Department..
214. As a direct and proximate result of the conduct of the Denver Health Defendants, Emily Rice suffered significant physical and mental pain and suffering and other damages in the final approximately twenty-four hours of her life, and ultimately her death.
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215. Plaintiffs Susan Garber and Roy Rice, as the parents of Ms. Rice, suffered and continue to suffer economic and non-economic damages due to Defendants’ negligent conduct toward their daughter, including but not limited to economic damages for funeral expenses and financial losses due to the financial benefits they would have reasonably expected to receive from their daughter had she lived, and non-economic damages for grief, loss of their daughter’s companionship, impairment in the quality of their lives, inconvenience, pain and suffering, and extreme emotional stress.
NINTH CLAIM FOR RELIEF (Survival Action)
(Against All Defendants) 216. Plaintiffs hereby incorporate all other paragraphs of this Amended Complaint as if fully set forth herein. 217. Plaintiffs Susan Garber and Roy Rice are the heirs and personal representatives of the Estate of Emily Rice. 218. As a result of the deliberate indifference, reckless indifference and/or negligence of Defendants as more fully described above, the Estate of Emily Rice has suffered injuries and damages, including, but not limited to, hospital and medical expenses and funeral expenses, emotional distress and pain and suffering, and loss of enjoyment of life. WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in their favor and against each of the Defendants, and award them all relief allowed by law, including but not limited to the following:
(a) Appropriate relief at law and equity; (b) Declaratory relief and other appropriate equitable relief; (c) Economic losses on all claims allowed by law;
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(d) Compensatory and consequential damages, including damages for emotional distress, humiliation, loss of enjoyment of life, and other pain and suffering on all claims allowed by law in an amount to be determined at trial;

(e) Punitive damages on all claims allowed by law and in an amount to be determined at trial;

(f) Attorneys fees and the costs associated with this action, including expert witness fees, on all claims allowed by law;

(g) Pre- and post-judgment interest at the highest lawful rate;

(h) Any further relief that this court deems just and proper, and any other relief as allowed by law.

PLAINTIFFS HEREBY DEMAND A JURY TRIAL ON ALL ISSUES SO TRIABLE. DATED this 25th day of March 2008.

KILLMER, LANE & NEWMAN, LLP

s/ Mari Newman

___________________________________

Darold

W. Killmer

Mari Newman

Sara J. Rich

Althea

S. Licht

1543 Champa St., Ste. 400

Denver,

CO 80202

(303)

571-1000

ATTORNE

YS FOR PLAINTIFFS

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CERTIFICATE OF SERVICE

I hereby certify that on March 25, 2008, I electronically filed the foregoing AMENDED COMPLAINT AND JURY DEMAND (CORRECTED) with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following e-mail addresses:

Terry Cipoletti: Catherine O'Brien Crum: Matthew Morgan Linton: C. Todd Drake: Stephen Jerome Hensen: Paul Andrew Faraci: Wendy Jean Lewis: Linda L. Siderius: Cecelia Alyson Fleischner: Laura Lee Revercomb: Felice Sharon Haas: Scott Sherman Nixon: Bradley Gillette Robinson: Thomas Jerome Kresl: William Thomas O’Connell , III: Cathy Havener Greer: Robert E. Goodwin: Thomas S. Rice: Gillian Marie Fahlsing: John Martin: Kathleen M. Shea: J.R. Geraghty: Luis Alberto Corchado: Marc F. Colin: Sarah Elizabeth McCutcheon Daniel S. Foster:

tcipoletti@kcfpc.com cobrien@kcfpc.com mlinton@kcfpc.com tdrake@montgomerylittle.com shensen@montgomerylittle.com pfaraci@cooper-clough.com wlewis@cooper-clough.com lsiderius@msfhc.com cfleischner@msfhc.com lrevercomb@msfhc.com fhaas@pjckn.com snixon@pjckn.com brobinson@jmspc.com tkresl@jmspc.com woconnell@warllc.com cgreer@warllc.com cheslerlawfirm@yahoo.com trice@sgrllc.com gfahlsing@sgrllc.com jmartin@martinconklin.com kshea@martinconklin.com jrgeraghty@martinconklin.com Luis.Corchado@ci.denver.co.us mcolin@bcjlpc.com smccutcheon@bcjlpc.com danny@fostergraham.com

ATTORNEYS FOR DEFENDANTS

I further certify that in accordance with D.C.COLO.LCivR 6.1(D) I have mailed or served the document or paper to the following non-CM/ECF participants in the manner indicated by the non-participant’s name:

Susan Garber (via electronic mail); Roy Rice (via U.S. Mail)

PLAINTIFFS

________

s/ Sara J. Rich ______________________

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 </s> IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 07-cv-01571-MSK-BNB
ESTATE OF EMILY RICE By SUSAN GARBER and ROY RICE as Co-Personal Representatives; SUSAN GARBER, as paren t and Co-Personal Representative of the Estate of Emily Rice; ROY RICE, as parent and Co-Personal Representative of the Estate of Emily Rice,
Plaintiffs,
v.
CITY AND COUNTY OF DENVER, COLORADO; CAPTAIN JACOB KOPYLOV, in his individual and official capacities; CAPTAIN JOHN RIORDON, in his individual and official capacities; SERGEANT LOREN COLLIER, in his individual and official capacities; SERGEANT HANS RASTEDE, in his individual and official capacities; SERGEANT RICHARD ROBERSON, in his individual and official capacities; SERGEANT KAROLINA SICH, in her individual and official capacities; SERGEANT ANTHONY SULLIVAN, in his individual and official capacities; DEPUTY KERI ADCOCK, in her individual and official capacities; DEPUTY JULIANA BARRON, in her individual and official capacities; DEPUTY SARAH BRIGHT, in her individual and official capacities; DEPUTY LAKISHA MINTER, in her individual and official capacities; DEPUTY FAUN GOMEZ, in her individual and official capacities; DEPUTY SHERMAINE GUZMAN, in her individual and official capacities; DEPUTY AMANDA LINE, in her individual and official capacities; DEPUTY JULIE KIRKBRIDE, in her individual and official capacities; DEPUTY MICHELLE SALEMI, in her individual and official capacities; DEPUTY JESSICA WANROW, in her individual and official capacities; JOHN AND J ANE DOES 1 THROUGH 20, DENVER CITY AND COUNTY SHERIFF’S DEPUTIES AND MEDICAL PERSONNEL, in their individual and official capacities.
Defendants.
ORDER RE: PLAINTIFFS’ MOTION FOR DISMISSAL OF PLAINTIFFS’ CLAIMS AGAINST THE MEDICAL DEFENDANTS ONLY WITH PREJUDICE
Comes now the Court, having reviewed the Plaintiffs’ Motion for Dismissal of Plaintiffs’
Claims Against the Medical Defendants with Prejudice (Motion) (#341), and being sufficiently

advised of the prem ises, hereby GRANTS the Plaintiffs’ Motion. The Court hereby dism isses Plaintiffs’ First Cl aim for Relief, Plaintiffs’ Sec ond Claim for Relief, Plaintiffs’ Fourth Claim for Relief, Plaintiffs’ Fifth Claim for Relief, Plaintiffs’ Sixth Claim for Relief, Plaintiffs’ Seventh Claim for Relief, Plaintiffs’ Eighth Claim for Relief, and Plaintiffs’ Ninth claim for Relief, as those claims were asserted or alleged against the Defendants Denver Health, Wendy Jo Anderson, R.N., Maria Bouziane, R.N., Lisa Cheng, M.D., Mary Clea ry, R.N., Robert Kelly Costin, R.N., Jason Haukoos, M.D. and Nancye Zim mer, R.N. (hereafter “the Medical Defendants”). Each of those claims is hereby dism issed against the Medical Defendants with prejudice, each party to pay their own at torney's fees and costs. Nothing herein shall in any w ay affect the Plaintiffs’ claims against any other Defendants, which are not hereby dismissed.
DATED this 9th day of June, 2008. BY THE COURT:
Marcia S. Krieger United States District Judge
2

 </s> Estate of Rice ex rel. Garber v. City and County of..., Not Reported in...

2008 WL 2781083 Only the Westlaw citation is currently available.
United States District Court, D. Colorado.
ESTATE OF Emily RICE, By Susan GARBER and Roy Rice as Co–Personal Representatives, Susan Garber, as parent and Co–Personal Representative
of the Estate of Emily Rice, and Roy Rice, as parent and Co–Personal Representative of The
Estate of Emily Rice, Plaintiffs, v.
CITY AND COUNTY OF DENVER, COLORADO, Captain Jacob Kopylov, in his individual and
official capacities, Captain John Riordon, in his individual and official capacities, Sergeant Loren Collier, in her individual and official capacities,
Sergeant Hans Rastede, in his individual and official capacities, Sergeant Richard Roberson, in
his individual and official capacities, Sergeant Karolina Sich, in her individual and official capacities, Sergeant Anthony Sullivan, in his
individual and official capacities, Deputy Keri Adcock, in her individual and official capacities,
Deputy Juliana Barron, in her individual and official capacities, Deputy Sarah Bright, in her individual and official capacities, Deputy Lakisha Minter, in her individual and official capacities, Deputy Faun Gomez, in her individual and official capacities, Deputy Shermaine Guzman, in her individual and official capacities, Deputy Amanda Line, in her individual and official capacities, Deputy Julie Kirkbride, in her individual and official capacities, Deputy Michelle Salemi, in her individual and official capacities, Deputy Jessica Wanrow, in her individual and official capacities, and John and Jane Does 1 Through 20, Denver City and County Sheriff’s Deputies and Medical
Personnel, in their official and individual capacities, Defendants.
Civil Action No. 07–cv–01571–MSK–BNB. | July 16, 2008.
Attorneys and Law Firms
Althea Licht, Darold W. Killmer, Mari Anne Newman, Sara J. Rich, Killmer, Lane & Newman, LLP, Denver, CO, for Plaintiffs.

Luis Alberto Corchado, Denver City Attorney’s Office, Marc F. Colin, Sarah Elizabeth McCutcheon, Bruno, Colin, Jewell & Lowe, P.C., Andrew David Ringel, Hall & Evans, LLC, Gillian Marie Fahlsing, Thomas Sullivan Rice, Senter Goldfarb & Rice, LLC, Cathy Havener Greer, William Thomas O’Connell, III, Wells, Anderson & Race, LLC, Robert E. Goodwin, Goodwin and Associates, Denver, CO, for Defendants.
Opinion
ORDER AFFIRMING MAGISTRATE JUDGE’S ORDER, AND DENYING MOTION TO STAY, AS
MOOT
MARCIA S. KRIEGER, District Judge.
*1 THIS MATTER comes before the Court on an appeal (# 343) from an Order (# 329) by the Magistrate Judge denying a motion for a protective order (# 236), as well as a motion (# 345) to stay the effect of that Order pending such appeal. Having considered the same, as well as all filings related thereto, the Court
FINDS and CONCLUDES that:
A court may set aside a magistrate judge’s discovery order if it is clearly erroneous or contrary to law. Fed.R.Civ.P. 72(a). In such review, a court considers the applicable law and determines whether the magistrate judge correctly applied it. The fact that the court might have decided the issues differently does not establish clear error. See N.L.R.B. v. Viola Industries–Elevator Div., Inc., 979 F.2d 1384, 1387 (10th Cir.1992). Rather, there is “clear error” if, upon review of the record, the court “is left with the definite and firm conviction” that the magistrate judge made a mistake. See Allen v. Sybase, Inc., 468 F.3d 642, 658 (10th Cir.2006).
Upon review of the parties’ submissions, the Magistrate Judge’s Order (# 329), and the applicable law, there has been no showing that the Order was clearly erroneous nor contrary to law. Rather, the Magistrate Judge correctly applied the applicable law, and made no obvious mistake.
IT IS THEREFORE ORDERED that the Magistrate Judge’s Order (# 329) is AFFIRMED, and the motion (#
1

Estate of Rice ex rel. Garber v. City and County of..., Not Reported in...

345) to stay said Order is DENIED, as moot.

	
  

2

 </s> IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger
Civil Action No. 07-cv-01571-MSK-BNB
ESTATE OF EMILY RICE, By SUSAN GARBER and ROY RICE as Co-Personal Representatives, SUSAN GARBER, as parent and Co-Personal Representative of the Estate of Emily Rice, ROY RICE, as parent and Co-Personal Representative of the Estate of Emily Rice,
Plaintiffs,
v.
CITY AND COUNTY OF DENVER, COLORADO, CAPTAIN JACOB KOPYLOV, in his individual and official capacities, CAPTAIN JOHN RIORDON, in his individual and official capacities, SERGEANT LOREN COLLIER, in his individual and official capacities, SERGEANT HANS RASTEDE, in his individual and official capacities, SERGEANT RICHARD ROBERSON, in his individual and official capacities, SERGEANT KAROLINA SICH, in her individual and official capacities, SERGEANT ANTHONY SULLIVAN, in his individual and official capacities, DEPUTY KERI ADCOCK, in her individual and official capacities, DEPUTY JULIANA BARRON, in her individual and official capacities, DEPUTY SARAH BRIGHT, in her individual and official capacities, DEPUTY LAKISHA MINTER, in her individual and official capacities, DEPUTY FAUN GOMEZ, in her individual and official capacities, DEPUTY SHERMAINE GUZMAN, in her individual and official capacities, DEPUTY AMANDA STECKMAN, in her individual and official capacities, DEPUTY JULIE KIRKBRIDE, in her individual and official capacities, DEPUTY MICHELLE SALEMI, in her individual and official capacities, DEPUTY JESSICA WANROW, in her individual and official capacities, and JOHN AND JANE DOES 1 THROUGH 20, DENVER CITY AND COUNTY SHERIFF’S DEPUTIES AND MEDICAL PERSONNEL, in their official and individual capacities,
Defendants.
ORDER GRANTING MOTION FOR DISMISSAL
THIS MATTER comes before the Court on Motion for Dism issal (Motion) (#396) filed
December 17, 2008. Having reviewed the Motion,

IT IS ORDERED that the Motion is GRANTED. The Court hereby dism isses Plaintiffs’ Amended Complaint, as we ll as all claim s related thereto, whether pled or unpled, and all defenses to said claims, whether pled or unpled, with prejudice, each party to pay his, her or its own attorney fees and costs. The Clerk shall close this case.
DATED this 17th day of December, 2008. BY THE COURT:
Marcia S. Krieger United States District Judge
2

 </s> Estate of Rice ex rel. Garber v. City and County of Denver, Colo., Not Reported in...

2008 WL 2228702 Only the Westlaw citation is currently available.
United States District Court, D. Colorado.
ESTATE OF Emily RICE, by Susan GARBER and Roy Rice as co-personal representatives, Susan Garber, as parent and co-personal representative
of the Estate of Emily Rice, and Roy Rice, as parent and co-personal representative of the
Estate of Emily Rice, Plaintiffs, v.
CITY AND COUNTY OF DENVER, COLORADO, Denver Department of Health and Hospitals, d/b/a “Denver Health Medical Center” and “Denver Health”, Jason Haukoos, M.D., in his individual and official capacities, Lisa Cheng, M.D., in her individual and official capacities,
Robert Kelly Costin, R.N., in her individual and official capacities, Maria Bouziane, R.N., in her individual and official capacities, Mary Cleary, R.N., in her individual and official capacities,
Nancye Zimmer, R.N., in her individual and official capacities, Wendy Jo Anderson, R.N., in
her individual and official capacities, Captain Jacob Kopylov, in his individual and official capacities, Captain John Riordon, in his individual and official capacities, Sergeant Loren Collier, in his individual and official capacities, Sergeant Hans Rastede, in his individual and official capacities, Sergeant Richard Roberson, in his individual and official capacities, Sergeant Karolina Sich, in her individual and official capacities, Sergeant Anthony Sullivan, in his individual and official capacities, Deputy Keri Adcock, in her individual and official capacities, Deputy Juliana Barron, in her individual and official capacities, Deputy Sarah Bright, in her individual and official capacities, Deputy Lakisha Minter, in her individual and official capacities, Deputy Faun Gomez, in her individual and official capacities, Deputy Shermaine Guzman, in her individual and official capacities, Deputy Amanda Line, in her individual and official capacities, Deputy Julie Kirkbride, in her individual and official capacities, Deputy Michelle Salemi, in her individual and official capacities, Deputy Jessica Wanrow, in her individual and official capacities, John and Jane Does 1 Through 20, Denver City and County Sheriffs Deputies and Medical
Personnel, in their official and individual capacities, Defendants.

Civil Action No. 07–cv–01571–MSK–BNB. | May 27, 2008.
Attorneys and Law Firms
Althea Licht, Darold W. Killmer, Mari Anne Newman, Sara J. Rich, Killmer, Lane & Newman, LLP, Denver, CO, for Plaintiffs.
Luis Alberto Corchado, Denver City Attorney’s Office–Litigation, Cecelia Alyson Fleischner, Laura Lee Revercomb, Linda L. Siderius, Troy Robert Rackham, McConnell, Siderius, Fleischner, Houghtaling & Craigmile LLC, Kathleen M. Shea, Jerome R. Geraghty, John Oliver Martin, Martin Conklin, P.C., Paul Andrew Faraci, Wendy Jean Lewis, Paul Andrew Faraci, Wendy Jean Lewis, Cooper & Clough, PC, Catherine O’Brien Crum, Terry Cipoletti, Terry Cipoletti, Kennedy Childs & Fogg, PC, Luis Alberto Corchado, Denver City Attorney’s Office–Litigation, Marc F. Colin, Sarah Elizabeth McCutcheon, Bruno, Colin, Jewell & Lowe, P.C., Gillian Marie Fahlsing, Thomas Sullivan Rice, Senter Goldfarb & Rice, LLC, Cathy Havener Greer, William Thomas O’Connell, III, Wells, Anderson & Race, LLC, Robert E. Goodwin, Goodwin and Associates, David H. Yun, Joseph Cabell Jaudon, Sarah Jane Mitchell, Jaudon & Avery, LLP, Denver, CO, Felice Sharon Haas, Scott Sherman Nixon, Pryor Johnson Carney Karr Nixon, P.C., C. Todd Drake, Stephen Jerome Hensen, Montgomery Little Soran & Murray, P.C., Greenwood Village, CO, Bradley Gillette Robinson, Thomas Jerome Kresl, Johnson, Mcconaty & Sargent, PC, Glendale, CO, for Defendants.
Opinion
ORDER
BOYD N. BOLAND, United States Magistrate Judge.
*1 This matter is before me on Law Enforcement Defendants’ Joint Motion for Protective Order to Prohibit Discovery Regarding Personal, Confidential, and Non–Relevant Information [Doc. # 236, filed 3/13/2008] (the “Motion for Protective Order”). I held a hearing on the motion on April 15, 2008, and took the matter under advisement. The Motion for Protective Order is DENIED.
The Law Enforcement Defendants seek the following relief:
1

Estate of Rice ex rel. Garber v. City and County of Denver, Colo., Not Reported in...

[A]n Order from the Court

directing that discovery not be had

concerning the following subject

matter areas: (1) personal

identifying and personal contact

information; (2) personal and

background

investigations

conducted as part of the screening

and hiring process; (3) internal

affairs records and/or disciplinary

records concerning same for all

matters that post-date the Rice

incident; and (4) internal affairs

records and/or disciplinary records

concerning same for all matters that

pre-date the Rice incident but do

not pertain to the housing and care

of inmates. Law enforcement

personnel have unique privacy

interests given the inherent dangers

associated with their work.

Furthermore, these discrete subject

matter areas bear no relevance to

the claims asserted by Plaintiffs,

nor is the disclosure of such

information likely to lead to the

discovery of admissible evidence.

Motion for Protective Order at ¶ 2.

This case arises from the arrest and subsequent death of a 24 year old woman while in the custody of the City and County of Denver. In particular, the plaintiffs have summarized the facts underlying their claims as follows:
At approximately 6:50 a.m. on February 18, 2006, Emily Rice was involved in a non-fatal car accident in which she suffered life-threatening injuries. Paramedics were summoned to the scene and, recognizing the potential severity of Ms. Rice’s injuries, immobilized Ms. Rice and transported her to Denver Health. Upon arrival at Denver Health, Ms. Rice was first booked, and then admitted as a detainee to the Emergency Department of Denver Medical at approximately 7:45 a.m. Upon information an belief, Ms. Rice was briefly examined by a resident, ... who indicated on a Trauma Flow Sheet that Ms. Rice was experiencing pain in two trauma sites, her left shoulder and her left abdomen/side.... According to medical records, Ms. Rice was given ibuprophin for pain at 9:25 a.m., and then released to the Denver Sheriffs at 10:00 a.m., despite the fact that she reported that she was in serious pain, and Denver Health had not taken reasonable steps to determine the cause of the pain.

Ms. Rice arrived at the Denver County Jail at approximately 10:50 a.m., where she was questioned and searched.... Defendants did not follow the normal booking procedure, but instead placed Ms. Rice in an isolation cell for several hours prior to booking her. Despite her medical condition and her serious pain, Ms. Rice was not taken to the jail nurse for evaluation during the intake process or for hours thereafter. At approximately 3:09 p.m., Ms. Rice, who was walking very unsteadily and holding the wall for assistance, was escorted to have her fingerprints and mug shots taken. Ms. Rice complained to a guard that she was feeling very bad and was finally, briefly allowed to speak with a nurse.... [The nurse] performed no medical evaluation of Ms. Rice. He simply looked at her records and cleared her, telling her that she was drunk and needed to “sleep it off.” At this point, however, Ms. Rice had been in custody for over seven hours since her blood alcohol was measured at .121, and thus, could not have been “drunk.” At approximately 3:18 p.m., as guards were filling out paperwork, Ms. Rice’s eyes rolled back into her head, she fainted and fell to the floor, as guards stood by idly.... Although she had collapsed, Denver Jail staff did not take Ms. Rice back to Denver Health....
*2 Upon information and belief, at some point in the late afternoon or early evening of February 18th, a guard who was on duty ... became increasingly concerned regarding Ms. Rice’s complaints of numbness in her feet, and her own observation that Ms. Rice’s feet were cold and grey.... Despite the fact that Ms. Rice had been released from Denver Health with a record that she had been in an automobile accident and instructions to return to the hospital if she had any worsening symptoms or urgent concerns, [a jail nurse] refused to perform any medical evaluation or provide any medical care to Ms. Rice. Instead, without ever looking at the patient, [the nurse] arrived at her diagnosis and remedy: Ms. Rice was still drunk and needed to drink plenty of fluids and sleep it off. By this time, it had been approximately ten hours since Ms. Rice had consumed any alcohol.
Throughout the course of the evening and through the night, Ms. Rice and others confined in nearby cells called out for help, as Ms. Rice’s serious medical need was obvious to other inmates.... The guards steadfastly refused to provide any medical care to Ms. Rice or to provide here access to medical treatment, despite the repeated and vocal urgings of Ms. Rice and other detainees, who could hear and observe that Ms. Rice was seriously injured.
At approximately 5:15 on the morning of February 19,
2

Estate of Rice ex rel. Garber v. City and County of Denver, Colo., Not Reported in...

2006, another young female detainee (referred to herein as “NC”) was escorted by a guard to a cell occupied by Ms. Rice. NC observed that Ms. Rice was moaning in pain. When NC asked Ms. Rice if she was okay, Ms. Rice informed her that she could not move her legs. Ms. Rice also told NC that she could not sit up. NC asked Ms. Rice if she should call for help, but Ms. Rice, who had been crying in vain for help throughout the night, told NC that calling for help was useless, as she and others had already told the guards, but nobody would listen. Shortly thereafter, a guard asked NC if she would like to make a telephone call. NC responded that she would, and also told the guard that he needed to help Ms. Rice because there was something wrong and she could not move. The guard opened the cell door to allow NC to exit and use the phone, and then directed Ms. Rice to get up and asked her what was wrong with her. While NC was at the telephone, she heard the guard call for a nurse and then walk down the hall into an office. A nurse appeared carrying an oxygen tank and a backpack, and was in Ms. Rice’s cell along with a number of guards. According to medical records, Ms. Rice was unresponsive and showed no vital signs by the time that emergency medical personnel finally arrived. According to the “Final ED Assessment [,]” Ms. Rice died at 6:52 a.m. of cardiac arrest. [The doctor’s assessment] also noted a “suspected spleen injury” related to Ms. Rice’s car accident. According to autopsy reports, Ms. Rice died of injuries resulting from blunt force trauma to the abdomen, with an 18 cm gaping deep laceration in the liver and a laceration in the spleen. The autopsy also revealed considerable internal bleeding and three fractured ribs. Ms. Rice died of avoidable internal bleeding, alone in her cell, after many hours of excruciating pain.
*3 Scheduling Order [Doc. # 106, filed 11/9/2007] at pp. 5–9.
Based on these facts, the plaintiffs allege the following claims for relief:
(1) Failure to provide medical care and treatment in violation of 42 U.S.C. § 1983 against all defendants;
(2) Municipal liability for failure to train and supervise in violation of 42 U.S.C. § 1983 against the City and County of Denver and Denver Health;
(3) Supervisory liability for failure to train and supervise in violation of 42 U.S.C. § 1983 against identified supervisory jail defendants;
(4) First and Fourteenth Amendment deprivation of

familial association against all defendants;
(5) State law claims for negligent training and supervision against the City and County of Denver, Denver Health, and the identified supervisory jail defendants;
(6) State law claims for outrageous conduct against specified defendants;
(7) State law wrongful death under section 13–21–202, C.R.S., against specified defendants;
(8) Medical negligence/negligent medical care and treatment against the Denver Health Defendants; and
(9) A “survival action” against all defendants.
Amended Complaint [Doc. # 258, filed 3/26/2008].
At issue here is the discoverability of the following materials which the plaintiffs have requested or will request in discovery from the Law Enforcement Defendants:1

1

The plaintiffs either do not address or claim that they

will not seek the following information for which the

defendants seek a protective order: (1) identifying and

contact information of the defendants’ family members;

(2) personal life, medical, and disability insurance

information including the identification of

beneficiaries, except any insurance which may provide

coverage for the events at issue here; (3) psychological

examinations; (4) medical examinations; (5) polygraph

examinations; (6) fingerprint information; and (7)

personal references. As to these matters, I make no

ruling because the issues either are not in dispute or are

not adequately addressed.

(1) Personal identifying information including:
(a) Social Security numbers; (b) dates of birth; (c) home addresses; (d) home telephone numbers; (e) personal e-mail addresses; (f) drivers’ license numbers; and (g) personal insurance information which may provide coverage for the claims asserted here;
(2) Personal and background investigations conducted as part of the screening and hiring process including:
(a) National Crime Information Center and Colorado Bureau of Investigation records; (b) personal history statements; and (c) interviewer notes; and
(3) Internal affairs records and disciplinary records
3

Estate of Rice ex rel. Garber v. City and County of Denver, Colo., Not Reported in...

including:
(a) records concerning investigations or discipline occurring after the death of Ms. Rice and not relating to her; and (b) records concerning investigations or discipline occurring before the death of Ms. Rice other than those relating to “housing and care of inmates.”
1. Personal Identifying Information
With respect to their personal identifying information, the Law Enforcement Defendants argue that “the unique privacy interests of the deputy sheriff defendants prohibit the disclosure and discovery of personal identifying and personal contact information sought by plaintiffs to conduct background investigations.” Motion for Protective Order at p. 6. In support of this argument, the Law Enforcement Defendants rely principally on the decision of the Sixth Circuit Court of Appeals in Kallstrom v. City of Columbus, 136 F.3d 1055 (6th Cir.1998).
In Kallstrom, the plaintiffs were undercover police officers who had been involved in the investigation of a “violent gang” which was conducting a drug conspiracy. 136 F.3d at 1059. A number of the officers had testified at the trials of some of the gang members. Id. Notwithstanding these facts, the City of Columbus had concluded that the Ohio Public Records Act “required it to release the officers’ files upon request from any member of the public.” Id. at 1059–60 (emphasis added). The files included the officers’ addresses and phone numbers; the names, addresses, and phone numbers of immediate family members; the names and addresses of personal references; the officers’ banking institutions and corresponding account information, including account balances; their social security numbers; responses to questions regarding their personal life asked during the course of polygraph examinations; and copies of their drivers’ licenses, including pictures and home addresses. Id. at 1059. Under these facts, the trial court found “that in light of the [drug gang’s] propensity for violence and intimidation, the release of these personnel files created a serious risk to the personal safety of the plaintiffs and those relatives named in the files.” Id. The circuit court affirmed, stating that on the facts as found by the district court, the “City’s disclosure of this private information about the officers ... rises to constitutional dimensions,” id. at 1063, requiring the city to demonstrate a compelling state interest before it could release the information. Id. at 1064. The circuit court noted, however:

*4 [W]e do not mean to imply that

every governmental act which

intrudes upon or threatens to

intrude upon an individual’s body

invokes

the

Fourteenth

Amendment. But where the release

of private information places an

individual at substantial risk of

serious bodily harm, possibly even

death, from a perceived likely

threat, the magnitude of the liberty

deprivation strips the very essence

of personhood. Under these

circumstances, the government act

reaches a level of significance

sufficient to invoke strict scrutiny

as an invasion of personhood.

Id. (internal quotations and citations omitted; emphasis added).
The facts of this case are materially different from the facts presented in Kallstrom, and Kallstrom provides no guidance. Here, the defendants are county jail guards, and there is no evidence that their identities are not readily known to the inmates. There is nothing “undercover” about their work. The information here would be disclosed to lawyers who are members of the bar of this court, expert witnesses, and other limited persons specified in an existing blanket protective order.2 The information would not be publicly available. Nor is there any evidence or suggestion that the plaintiffs in this case are violent gang members or that the disclosure of the officers’ personal information to the limited categories of people permitted under the protective order would place the officers “at substantial risk of serious bodily harm, possibly even death.” Id.

2

On November 9, 2007, I entered the Stipulation and

Protective Order [Doc. # 108] which allows a party to

designate as confidential “information that is

confidential and implicates common law and statutory

privacy interests,” including appropriate portions of

personnel and employment files. Id. at ¶ 7. Information

designated as confidential may be used only for

purposes of this litigation, id. at ¶ 3, and may be

disclosed only to the limited categories of people

specified in paragraph 15 of the protective order, which

includes attorneys, parties, expert witnesses, court

reporters, and deponents.

In this circuit, the disclosure of private information contained in personnel files, similar to that at issue here, is controlled by Denver Policemen’s Protective Ass’n v.
4

Estate of Rice ex rel. Garber v. City and County of Denver, Colo., Not Reported in...

Lichstenstein, 660 F.2d 432, 435 (10th Cir.1981), where the Tenth Circuit Court of Appeals held:
We may agree with appellant that, at least when government intervention is at stake, public officials ... are not wholly without constitutionally protected privacy rights in matters of personal life unrelated to any acts done by them in their public capacity.
* * *
In some circumstances [personnel and investigation] files may contain personal data which could give rise to a right to confidentiality. However, the [plaintiff] concedes that a right to confidentiality in the files is not absolute. The [plaintiff] acknowledges the balancing test as set out in Martinelli [v. District Court, 199 Colo. 163, 612 P.2d 1083 (Colo.1980) ]. In applying this test the court must consider, (1) if the party asserting the right has a legitimate expectation of privacy, (2) if disclosure serves a compelling state interest, and (3) if disclosure can be made in the least intrusive manner.
As to most of the personal identifying information, the Law Enforcement Defendants have made no showing that it is maintained as private. For example, common experience is that most people do not adequately protect from disclosure their birth dates, home addresses or telephone numbers, e-mail addresses, or drivers’ license numbers so as to reasonably call them private or confidential. Instead, that information is regularly disclosed to friends, relatives, vendors, credit card companies, schools, childrens’ sports teams, on hotel registers, and the like. There is no evidence here that the Law Enforcement Defendants have maintained this information as private or confidential. In addition, Rule 26(a)(1)(A)(iv) requires the disclosure of any insurance which “may be available to satisfy all or part of a possible judgment in the action.”
*5 The Law Enforcement Defendants argue with particular emphasis that their Social Security numbers should not be disclosed “given today’s risk of fraud and identity theft associated with the disclosure of such information.” Motion for Protective Order at ¶ 16. I agree that under certain circumstances the public disclosure of a Social Security number would invite mischief. However, applying the Lichtenstein test, I find that there are no such concerns here, where the Social Security numbers will be disclosed subject to the protective order which severely limits who may receive them and for what purpose they may be used. I assume that the Law Enforcement Defendants have a legitimate expectation of privacy in their Social Security numbers. Here, however, as in the Lichtenstein case, the ascertainment of truth in a judicial

proceeding is a compelling state interest sufficient to require the disclosures. Finally, the disclosure of Social Security numbers to limited categories of people for the exclusive purpose of this lawsuit pursuant to the existing protective order constitutes the least intrusive manner and meets the requirements of Lichtenstein.3

3

I note that there is nothing unusual in the approach I

adopt. To the contrary, it is commonplace in modern

civil litigation to order the disclosure of personnel files

containing information similar to that at issue here

under these very conditions.

The personal identifying information at issue here is necessary to allow the plaintiffs to conduct thorough background investigations of the Law Enforcement Defendants, and I find that such investigations may lead to the discovery of admissible evidence. Potential insurance coverage must be disclosed pursuant to Rule 26(a)(1)(A)(iv). Consequently, the personal identifying information is discoverable.

2. Personal and Background Investigations
The Law Enforcement Defendants argue that the second category of information at issue, involving personal and background information, “is not relevant to plaintiffs’ claims, nor is it likely to lead to the discovery of admissible evidence.” Motion for Protective Order at p. 10. I disagree.

First, the plaintiffs are not seeking psychological examinations, medical examinations, or polygraph results. Plaintiffs’ Response to Law Enforcement Defendants’ Joint Motion for Protective Order [Doc. # 299, filed 4/7/2008] (the “Response”) at p. 14 n. 8.

I find that the National Crime Information Center records, Colorado Bureau of Investigation records, personal history statements, and interviewer notes are relevant to the claims and defenses which are the subject of this action or are reasonably calculated to lead to the discovery of admissible information. See Rule 26(b)(1), Fed.R.Civ.P. As the plaintiffs argue in their Response:

[I]nformation in [the Law

Enforcement

Defendants’]

background may be relevant to the

training and supervision required to

properly insure the safety of those

in their care. For example, if the

5

Estate of Rice ex rel. Garber v. City and County of Denver, Colo., Not Reported in...

City hired an individual with prior medical training, that individual may need less training and supervision in the medical care of inmates than those without that background. On the other hand, a law enforcement officer hired with a prior assault conviction may require closer training and supervision than other law enforcement agents without the same background.
*6 Response at pp. 14–15.
To the extent the Law Enforcement Defendants argue that this information is private, I find that under Lichtenstein the ascertainment of truth is a compelling state interest sufficient to require the disclosure, and disclosure of this information pursuant to the existing protective order constitutes the least intrusive manner. Lichstenstein, 660 F.2d at 435.
3. Internal Affairs Records and Disciplinary Records
Finally, the Law Enforcement Defendants argue that the “internal affairs investigations and discipline post-dating the Rice incident as well as investigations and discipline pre-dating the Rice incident but not pertaining to the housing and care of inmates are not relevant to plaintiffs’ claims and [nor] reasonably calculated to lead to the discovery of admissible evidence.” Motion for Protective Order at p. 12. Again, I disagree.
This case involves a claim of municipal liability for failure to train and supervise. Municipal liability is controlled by Monell v. Dept. of Social Services, 436 U.S. 658, 694, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), where the Supreme Court held that a plaintiff must show the existence of an official policy or custom to establish governmental liability:
We conclude, therefore, that a local government may not be sued under § 1983 for an injury inflicted solely

by its employees or agents. Instead, it is when execution of a government’s policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy, inflicts the injury that the government as an entity is responsible under § 1983.
In response to an argument similar to that made here, the court in Everitt v. Brezzel, 750 F.Supp. 1063, 1069 (D.Colo.1990), applied Monell, stating:
While a single prior violation may not ordinarily amount to a “policy,” the municipality may be liable where senior personnel have knowledge of a pattern of constitutionally offensive acts by their subordinates, but fail to take remedial steps.
It is not possible to deal at the discovery stage of the case with many of the questions presented by Monell and its progeny. Suffice it to say that a plaintiff asserting municipal liability under Monell is entitled not only to factual information concerning an officer’s alleged past violations, but also to information concerning his superiors’ knowledge of those violations and what, if anything, they did about them.
(Internal quotations and citations omitted.)
First, with respect to pre-incident investigations and discipline, I am persuaded that it is improper for me to limit the plaintiffs to only those matters “pertaining to the housing and care of inmates.” As the plaintiffs pointed out at argument, the discipline imposed may be manipulated to hide the true nature of the underlying conduct leading to the discipline. The plaintiffs may probe through discovery what discipline has been imposed on the Law Enforcement Defendants and why. In addition, I find that post-incident investigations and discipline are relevant to the issue of policy or custom.
*7 IT IS ORDERED that the Motion for Protective Order is DENIED.
	
  

6

 </s> ALLMTN, TERMED
U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:07−cv−01571−MSK−BNB

Estate of Emily Rice et al v. Denver, City and County of et al Assigned to: Judge Marcia S. Krieger Referred to: Magistrate Judge Boyd N. Boland

Case in other court:

Denver District Court, 2007CV006149

Cause: 42:1983 Civil Rights Act

Plaintiff

Date Filed: 07/25/2007 Date Terminated: 12/17/2008 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Estate of Emily Rice by Susan Garber and Roy Rice as Co−Personal Representatives

represented by Althea Licht Killmer, Lane &Newman, LLP 1543 Champa Street #400 Denver , CO 80202 303−571−1000 Fax: 303−571−1001 Email: alicht@killmerlane.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Darold W. Killmer Killmer, Lane &Newman, LLP 1543 Champa Street #400 Denver , CO 80202 303−571−1000 Fax: 303−571−1001 Email: dkillmer@killmerlane.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mari Anne Newman Killmer, Lane &Newman, LLP 1543 Champa Street #400 Denver , CO 80202 303−571−1000 Fax: 303−571−1001 Email: mnewman@killmerlane.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara J. Rich Killmer, Lane &Newman, LLP 1543 Champa Street #400 Denver , CO 80202 303−571−1000 Fax: 303−571−1001 Email: srich@kln−law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Susan Garber as parent and Co−Personal Representative of the Estate of Emily Rice

represented by Althea Licht (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Roy Rice as parent and Co−Personal Representative of the Estate of Emily Rice
V. Defendant Denver, City and County of (actually named as City and County of Denver, Colorado)
Defendant Denver Department of Health and Hospitals TERMINATED: 06/09/2008 doing business as Denver Health TERMINATED: 06/09/2008 doing business as Denver Health Medical Center TERMINATED: 06/09/2008

Darold W. Killmer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mari Anne Newman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara J. Rich (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Althea Licht (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Darold W. Killmer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mari Anne Newman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara J. Rich (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Luis Alberto Corchado Denver City Attorney's Office−Litigation 201 West Colfax Avenue 11th Floor Denver , CO 80202 720−913−3314 Fax: 720−913−3190 Email: dlefiling.litigation@ci.denver.co.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cecelia Alyson Fleischner McConnell, Siderius, Fleischner, Houghtaling &Craigmile LLC 4700 South Syracuse Street #200 Denver , CO 80237 303−480−0400 Fax: 303−458−9520 Email: cfleischner@msfhc.com ATTORNEY TO BE NOTICED

Defendant Jason (I) Haukoos M.D. in his individual capacity TERMINATED: 06/09/2008
Defendant Jason Haukoos M.D., in his official capacity TERMINATED: 06/09/2008

Laura Lee Revercomb McConnell, Siderius, Fleischner, Houghtaling &Craigmile LLC 4700 South Syracuse Street #200 Denver , CO 80237 303−480−0400 Fax: 303−458−9520 Email: lrevercomb@msfhc.com ATTORNEY TO BE NOTICED
Linda L. Siderius McConnell, Siderius, Fleischner, Houghtaling &Craigmile LLC 4700 South Syracuse Street #200 Denver , CO 80237 303−480−0400 Fax: 303−458−9520 Email: lsiderius@msfhc.com ATTORNEY TO BE NOTICED
Troy Robert Rackham McConnell, Siderius, Fleischner, Houghtaling &Craigmile LLC 4700 South Syracuse Street #200 Denver , CO 80237 303−480−0400 Fax: 303−458−9520 Email: trackham@msfhc.com ATTORNEY TO BE NOTICED
represented by Felice Sharon Haas Pryor Johnson Carney Karr Nixon, P.C. 5619 DTC Parkway #1200 Greenwood Village , CO 80111−3061 303−773−3500 Fax: 303−779−0740 Email: fhaas@pjckn.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Scott Sherman Nixon Pryor Johnson Carney Karr Nixon, P.C. 5619 DTC Parkway #1200 Greenwood Village , CO 80111−3061 303−773−3500 Fax: 303−779−0740 Email: snixon@pjckn.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Felice Sharon Haas (See above for address) ATTORNEY TO BE NOTICED
Scott Sherman Nixon (See above for address)

Defendant Lisa (I) Cheng M.D., in her individual capacity TERMINATED: 06/09/2008
Defendant Lisa Cheng M.D., in her official capacity TERMINATED: 06/09/2008
Defendant Robert (I) Kelly Costin R.N., in his individual capacity TERMINATED: 06/09/2008

ATTORNEY TO BE NOTICED
represented by Kathleen M. Shea Martin Conklin, P.C. 90 Madison Street #601 Denver , CO 80206 303−321−1980 Fax: 303−321−8828 Email: kshea@martinconklin.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jerome R. Geraghty Martin Conklin, P.C. 90 Madison Street #601 Denver , CO 80206 303−321−1980 Fax: 303−321−8828 Email: jgeraghty@martinconklin.com
John Oliver Martin Martin Conklin, P.C. 90 Madison Street #601 Denver , CO 80206 303−321−1980 Fax: 303−321−8828 Email: jmartin@martinconklin.com
represented by Kathleen M. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jerome R. Geraghty (See above for address) ATTORNEY TO BE NOTICED
John Oliver Martin (See above for address) ATTORNEY TO BE NOTICED
represented by C. Todd Drake Montgomery Little Soran &Murray, P.C. 5445 DTC Parkway #800 Greenwood Village , CO 80111−3053 303−773−8100 Fax: 303−220−0412 Email: tdrake@montgomerylittle.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen Jerome Hensen Montgomery Little Soran &Murray, P.C. 5445 DTC Parkway #800 Greenwood Village , CO 80111−3053

Defendant Robert Kelly Costin R.N., in his official capacity TERMINATED: 06/09/2008
Defendant Maria (I) Bouziane R.N., in her individual capacity TERMINATED: 06/09/2008
Defendant Maria Bouziane R.N., in her official capacity TERMINATED: 06/09/2008
Defendant Mary (I) Cleary R.N., in her individual capacity TERMINATED: 06/09/2008

303−773−8100 Fax: 303−220−0412 Email: shensen@montgomerylittle.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Stephen Jerome Hensen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
C. Todd Drake (See above for address) ATTORNEY TO BE NOTICED
represented by Paul Andrew Faraci Cooper &Clough, PC 1512 Larimer Street #600 Denver , CO 80202 303−607−0077 Fax: 303−607−0472 Email: pfaraci@cooper−clough.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wendy Jean Lewis Cooper &Clough, PC 1512 Larimer Street #600 Denver , CO 80202 303−607−0077 Fax: 303−607−0472 Email: wlewis@cooper−clough.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Paul Andrew Faraci (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wendy Jean Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bradley Gillette Robinson McConaty &Kresl, P.C. 400 South Colorado Boulevard #900 Glendale , CO 80246−3866 303−388−7711 Fax: 303−388−1749 Email: brobinson@jmspc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Mary Cleary R.N., in her official capacity TERMINATED: 06/09/2008
Defendant Yvette (I) DuBois R.N., in her individual capacity TERMINATED: 03/13/2008 Defendant Yvette DuBois R.N., in her official capacities TERMINATED: 03/13/2008 Defendant Maria (I) Yvette Gaston R.N., in her individual capacity TERMINATED: 09/18/2007
Defendant Maria Yvette Gaston R.N., in her official capacity TERMINATED: 09/18/2007

Thomas Jerome Kresl McConaty &Kresl, P.C. 400 South Colorado Boulevard #900 Glendale , CO 80246−3866 303−336−2106 Fax: 303−388−1749 Email: tkresl@jmspc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Andrew Wallace Jurs Wake Forest University School of Law Campus Box 7206 1834 Wake Forest Road Winston−Salem , NC 27109 336−758−5430 Email: andrew.jurs@state.co.us TERMINATED: 08/15/2007
represented by Bradley Gillette Robinson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas Jerome Kresl (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Andrew Wallace Jurs (See above for address) TERMINATED: 08/15/2007
represented by David H. Yun Jaudon &Avery, LLP 600 Grant Street #505 Denver , CO 80203−3526 303−832−1122 Fax: 866−9135 Email: dyun@jalegal.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David H. Yun (See above for address) ATTORNEY TO BE NOTICED

Defendant Nancye (I) Zimmer R.N., in her individual capacity TERMINATED: 06/09/2008
Defendant Nancye Zimmer R.N., in her official capacity TERMINATED: 06/09/2008
Defendant Jacob (I) Kopylov Captain, in his individual capacity Defendant Jacob Kopylov Captain, in his official capacity Defendant John (I) Riordon Captain, in his individual capacity

represented by Catherine O'Brien Crum Kennedy Childs &Fogg, PC−Denver 1050 17th Street #2500 Denver , CO 80265−2080 303−825−2700 Fax: 303−825−0434 Email: cobrien@kcfpc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Terry Cipoletti Kennedy Childs &Fogg, PC−Denver 1050 17th Street #2500 Denver , CO 80265−2080 303−825−2700 Fax: 303−825−0434 Email: tcipoletti@kcfpc.com
represented by Catherine O'Brien Crum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew Morgan Linton Kennedy Childs &Fogg, PC−Denver 1050 17th Street #2500 Denver , CO 80265−2080 303−825−2700 Fax: 303−825−0434 Email: mlinton@kcfpc.com ATTORNEY TO BE NOTICED
Terry Cipoletti (See above for address) ATTORNEY TO BE NOTICED
represented by Luis Alberto Corchado (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Luis Alberto Corchado (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Luis Alberto Corchado (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marc F. Colin Bruno, Colin, Jewell &Lowe, P.C.

Defendant John Riordon Captain, in his official capacity
Defendant Loren (I) Collier Sergeant, in his individual capacity
Defendant Loren Collier Sergeant, in his official capacity
Defendant Hans (I) Rastede Sergeant, in his individual capacity
Defendant Hans Rastede Sergeant, in his official capacity

One Civic Center Plaza 1560 Broadway #1099 Denver , CO 80202−5143 303−831−1099 Fax: 303−831−1088 Email: mcolin@bcjlpc.com
Sarah Elizabeth McCutcheon Bruno, Colin, Jewell &Lowe, P.C. One Civic Center Plaza 1560 Broadway #1099 Denver , CO 80202−5143 303−831−1099 Email: smccutcheon@bcjlpc.com
represented by Luis Alberto Corchado (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marc F. Colin (See above for address)
Sarah Elizabeth McCutcheon (See above for address)
represented by Luis Alberto Corchado (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marc F. Colin (See above for address)
Sarah Elizabeth McCutcheon (See above for address)
represented by Luis Alberto Corchado (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marc F. Colin (See above for address)
Sarah Elizabeth McCutcheon (See above for address)
represented by Luis Alberto Corchado (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Luis Alberto Corchado (See above for address)

Defendant Richard (I) Roberson Sergeant, in his individual capacity
Defendant Richard Roberson Sergeant, in his official capacity
Defendant Karolina (I) Sich Sergeant, in her individual capacity
Defendant Karolina Sich Sergeant, in her official capacity
Defendant Anthony (I) Sullivan Sergeant, in his individual capacity
Defendant Anthony Sullivan Sergeant, in his official capacity
Defendant Keri (I) Adcock Deputy, in her individual capacity

LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Luis Alberto Corchado (See above for address)
Marc F. Colin (See above for address)
represented by Luis Alberto Corchado (See above for address) ATTORNEY TO BE NOTICED
Marc F. Colin (See above for address)
represented by Luis Alberto Corchado (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Andrew David Ringel Hall &Evans, LLC−Denver 1125 17th Street #600 Denver , CO 80202−2037 303−628−3300 Fax: 303−293−3238 Email: ringela@hallevans.com
represented by Luis Alberto Corchado (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Andrew David Ringel (See above for address) ATTORNEY TO BE NOTICED
represented by Luis Alberto Corchado (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Luis Alberto Corchado (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Gillian Marie Fahlsing Senter Goldfarb &Rice, LLC 1700 Broadway #1700 Denver , CO 80290

Defendant Keri Adcock Deputy, in her official capacity
Defendant Julianna (I) Barron Deputy, in her individual capacity

303−320−0509 Fax: 303−320−0210 Email: gfahlsing@sgrllc.com
Marc F. Colin (See above for address)
Sarah Elizabeth McCutcheon (See above for address)
Thomas Sullivan Rice Senter Goldfarb &Rice, LLC 1700 Broadway #1700 Denver , CO 80290 303−320−0509 Fax: 303−320−0210 Email: trice@sgrllc.com
represented by Gillian Marie Fahlsing (See above for address)
Marc F. Colin (See above for address)
Sarah Elizabeth McCutcheon (See above for address)
Thomas Sullivan Rice (See above for address)
represented by Cathy Havener Greer Wells, Anderson &Race, LLC 1700 Broadway #1020 Denver , CO 80290 303−830−1212 Fax: 303−830−0898 Email: cgreer@warllc.com ATTORNEY TO BE NOTICED
Gillian Marie Fahlsing (See above for address) TERMINATED: 02/07/2008
Marc F. Colin (See above for address)
Thomas Sullivan Rice (See above for address) TERMINATED: 02/07/2008
William Thomas O'Connell , III Wells, Anderson &Race, LLC 1700 Broadway #1020 Denver , CO 80290 303−830−1212 Fax: 303−830−0898 Email: woconnell@warllc.com ATTORNEY TO BE NOTICED

Defendant Julianna Barron Deputy, in her official capacity
Defendant Sarah (I) Bright Deputy, in her individual capacity
Defendant Sarah Bright Deputy, in her official capacity
Defendant (I) Celeni Deputy (first name unknown), in his

represented by Cathy Havener Greer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Thomas O'Connell , III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gillian Marie Fahlsing (See above for address) TERMINATED: 02/07/2008
Marc F. Colin (See above for address)
Thomas Sullivan Rice (See above for address) TERMINATED: 02/07/2008
represented by Daniel Seth Foster Foster Graham Milstein Miller &Calisher, LLP 621 17th Street #1900 Denver , CO 80293 303−333−9810 Fax: 303−333−9786 Email: danny@fostergraham.com TERMINATED: 04/01/2008
Gillian Marie Fahlsing (See above for address)
Marc F. Colin (See above for address)
Thomas Sullivan Rice (See above for address)
represented by Daniel Seth Foster (See above for address) TERMINATED: 04/01/2008
Gillian Marie Fahlsing (See above for address) ATTORNEY TO BE NOTICED
Marc F. Colin (See above for address)
Thomas Sullivan Rice (See above for address) ATTORNEY TO BE NOTICED

individual capacity TERMINATED: 09/26/2007 Defendant Celeni Deputy (first name unknown), in his official capacity TERMINATED: 09/26/2007 Defendant Lakisha (I) Minter Deputy, in her individual capacity
Defendant Lakisha Minter Deputy, in her official capacity
Defendant Faun (I) Gomez Deputy, in her individual capacity
Defendant Faun Gomez Deputy, in her official capacity
Defendant Shermaine (I) Guzman Deputy, in her individual capacity

represented by Gillian Marie Fahlsing (See above for address)
Marc F. Colin (See above for address)
Thomas Sullivan Rice (See above for address) TERMINATED: 02/07/2008
represented by Gillian Marie Fahlsing (See above for address)
Marc F. Colin (See above for address)
Thomas Sullivan Rice (See above for address)
represented by Gillian Marie Fahlsing (See above for address)
Marc F. Colin (See above for address)
Sarah Elizabeth McCutcheon (See above for address)
Thomas Sullivan Rice (See above for address)
represented by Gillian Marie Fahlsing (See above for address)
Marc F. Colin (See above for address) ATTORNEY TO BE NOTICED
Sarah Elizabeth McCutcheon (See above for address) ATTORNEY TO BE NOTICED
Thomas Sullivan Rice (See above for address)
represented by Gillian Marie Fahlsing (See above for address)

Defendant Shermaine Guzman Deputy, in her official capacity
Defendant Amanda (I) Line Deputy, in her individual capacity
Defendant Amanda Line Deputy, in her official capacity
Defendant Julie (I) Kirkbride Deputy, in her individual capacity
Defendant Julie Kirkbride Deputy, in her official capacity

Marc F. Colin (See above for address)
Thomas Sullivan Rice (See above for address)
represented by Gillian Marie Fahlsing (See above for address)
Marc F. Colin (See above for address)
Thomas Sullivan Rice (See above for address)
represented by Gillian Marie Fahlsing (See above for address)
Marc F. Colin (See above for address)
Thomas Sullivan Rice (See above for address)
represented by Gillian Marie Fahlsing (See above for address)
Marc F. Colin (See above for address)
Thomas Sullivan Rice (See above for address)
represented by Robert E. Goodwin Goodwin and Associates 1343 Delaware Street Denver , CO 80204 303−893−8934 Fax: 303−893−3847 Email: cheslerlawfirm@yahoo.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cathy Havener Greer (See above for address)
Marc F. Colin (See above for address)
William Thomas O'Connell , III (See above for address)
represented by Cathy Havener Greer (See above for address) ATTORNEY TO BE NOTICED

Defendant Troy (I) Motley Deputy, in his individual capacity TERMINATED: 09/18/2007
Defendant Troy Motley Deputy, in his official capacity TERMINATED: 09/18/2007
Defendant Michelle (I) Salemi Deputy, in her individual capacity
Defendant Michelle Salemi Deputy, in her official capacity
Defendant Jessica (I) Wanrow Deputy, in her individual capacity
Defendant Jessica Wanrow Deputy, in her official capacity, and John and Jane Does 1 through 20, Denver City and County Sheriff's Deputies and Medical Personnel, in their official and

Marc F. Colin (See above for address)
Robert E. Goodwin (See above for address) ATTORNEY TO BE NOTICED
William Thomas O'Connell , III (See above for address) ATTORNEY TO BE NOTICED
represented by Gillian Marie Fahlsing (See above for address)
Thomas Sullivan Rice (See above for address)
represented by Gillian Marie Fahlsing (See above for address)
Thomas Sullivan Rice (See above for address)
represented by Gillian Marie Fahlsing (See above for address)
Marc F. Colin (See above for address)
Thomas Sullivan Rice (See above for address)
represented by Gillian Marie Fahlsing (See above for address)
Marc F. Colin (See above for address)
Thomas Sullivan Rice (See above for address)
represented by Gillian Marie Fahlsing (See above for address)
Marc F. Colin (See above for address)
Thomas Sullivan Rice (See above for address)
represented by Gillian Marie Fahlsing (See above for address) ATTORNEY TO BE NOTICED
Marc F. Colin

individual capacities
Defendant Wendy Jo Anderson R.N., in her official capacity TERMINATED: 06/09/2008
Defendant Wendy (I) Jo Anderson in her individual capacity TERMINATED: 06/09/2008

(See above for address) ATTORNEY TO BE NOTICED
Thomas Sullivan Rice (See above for address) ATTORNEY TO BE NOTICED
represented by David H. Yun (See above for address)
Joseph Cabell Jaudon Jaudon &Avery, LLP 600 Grant Street #505 Denver , CO 80203−3526 303−832−1122 Fax: 303−832−1348 Email: jjaudon@jalegal.com
Sarah Jane Mitchell Jaudon &Avery, LLP 600 Grant Street #505 Denver , CO 80203−3526 303−832−1122 Fax: 303−832−1348 Email: jmitchell@jalegal.com
represented by David H. Yun (See above for address) ATTORNEY TO BE NOTICED
Joseph Cabell Jaudon (See above for address) ATTORNEY TO BE NOTICED
Sarah Jane Mitchell (See above for address) ATTORNEY TO BE NOTICED

Date Filed 07/25/2007
07/25/2007

#

Docket Text

1 NOTICE OF REMOVAL from Denver District Court, Case Number 2007CV006149. ( Filing fee $ 350 Receipt Number COX003002), filed by Denver, City and County of. (Attachments: # 1 Complaint# 2 Delay Reduction Order# 3 Entry of Appearance# 4 State Court Notice# 5 List of Pleadings# 6 Civil Cover Sheet # 7 Supplemental Civil Cover Sheet # 8 Receipt)(llr, ) (Entered: 07/26/2007)

2 State Court COMPLAINT for Damages, Certificate of Review and Jury Demand against Denver, City and County of, Denver Department of Health and Hospitals, Jason (I) Haukoos, Jason Haukoos, Lisa (I) Cheng, Lisa Cheng, Robert (I) Kelly Costin, Robert Kelly Costin, Maria (I) Bouzaine, Maria Bouzaine, Mary (I) Cleary, Mary Cleary, Yvette (I) DuBois, Yvette DuBois, Maria (I) Yvette Gaston, Maria Yvette Gaston, Nancy (I) Zimmer, Nancy Zimmer, Jacob (I) Kopylov, Jacob Kopylov, John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Rastede, Hans Rastede, Richard (I) Robinson, Richard Robinson, Karolina (I) Sich, Karolina Sich,

07/31/2007 07/31/2007 07/31/2007 07/31/2007 07/31/2007
08/01/2007 08/01/2007 08/02/2007 08/03/2007
08/03/2007 08/03/2007 08/03/2007 08/03/2007 08/06/2007

Anthony (I) Sullivan, Anthony Sullivan, Kerry (I) Adcock, Kerry Adcock, Julianna (I) Barron, Julianna Barron, Sarah (I) Bright, Sarah Bright, (I) Celeni, Celeni, Lakisha (I) Forrest, Lakisha Forrest, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Julie (I) Kirkbride, Julie Kirkbride, Troy (I) Motley, Troy Motley, Michelle (I) Padilla, Michelle Padilla, Jessica (I) Wanrow, Jessica Wanrow, filed by Roy Rice, Estate of Emily Rice, Susan Garber. Text only entry − no document attached.(llr, ) (Entered: 07/26/2007)
3 NOTICE of Entry of Appearance by Cecelia Alyson Fleischner on behalf of Denver Department of Health and Hospitals (Fleischner, Cecelia) (Entered: 07/31/2007)
4 NOTICE of Entry of Appearance by Linda L. Siderius on behalf of Denver Department of Health and Hospitals (Siderius, Linda) (Entered: 07/31/2007)
5 NOTICE of Entry of Appearance by Laura Lee Revercomb on behalf of Denver Department of Health and Hospitals (Revercomb, Laura) (Entered: 07/31/2007)
6 NOTICE re 1 Notice of Removal, Consent of Removal by Defendant Denver Department of Health and Hospitals (Fleischner, Cecelia) (Entered: 07/31/2007)
7 ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS. Any exhibits and depositions to be used during this case, counsel for the parties shall obtain such exhibits and depositions from the Court within 30 days after any judgment is entered or closure of the case. Counsel shall retain same for 60 days beyondthe later of the time to appeal or conclusion of any appellate proceedings. Failure to retrieve exhibits and depositions in conformance with this Order may result in their destruction. Signed by Judge Marcia S. Krieger on 7/31/07. (dln, ) (Entered: 07/31/2007)
8 STATEMENT re 6 Notice (Other) of Clarification by Defendant Denver Department of Health and Hospitals. (Fleischner, Cecelia) (Entered: 08/01/2007)
9 NOTICE Consent to Removal by Defendants Lisa (I) Cheng, Lisa Cheng (Shea, Kathleen) (Entered: 08/01/2007)
10 MOTION to Consent to Removal by Defendant Maria Yvette Gaston. (Yun, David) (Entered: 08/02/2007)
11 Docket Annotation: Motions terminated: 10 MOTION to Consent to Removal by Defendant. [Document is not a motion − to be refiled by Counsel]. Text only entry − no document attached. (dln, ) (Entered: 08/03/2007)
12 NOTICE Consent to Removal by Defendant Maria Yvette Gaston (Yun, David) (Entered: 08/03/2007)
13 NOTICE of Entry of Appearance by Felice Sharon Haas on behalf of Jason Haukoos (Haas, Felice) (Entered: 08/03/2007)
14 NOTICE of Entry of Appearance by Scott Sherman Nixon on behalf of Jason Haukoos (Nixon, Scott) (Entered: 08/03/2007)
15 NOTICE of Consent to Removal by Defendant Jason Haukoos (Nixon, Scott) (Entered: 08/03/2007)
16 NOTICE of Consent to Removal by Defendants Jacob (I) Kopylov, Jacob Kopylov, John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Rastede, Hans

08/06/2007 08/06/2007 08/06/2007 08/06/2007
08/06/2007

Rastede, Karolina (I) Sich, Karolina Sich, Anthony (I) Sullivan, Anthony Sullivan (Corchado, Luis) (Entered: 08/06/2007)
17 NOTICE of Entry of Appearance by Gillian Marie Fahlsing on behalf of Kerry (I) Adcock, Kerry Adcock, Julianna (I) Barron, Julianna Barron, Lakisha (I) Forrest, Lakisha Forrest, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Troy (I) Motley, Troy Motley, Michelle (I) Padilla, Michelle Padilla, Jessica (I) Wanrow, Jessica Wanrow (Fahlsing, Gillian) (Entered: 08/06/2007)
18 NOTICE of Entry of Appearance by Thomas Sullivan Rice on behalf of Kerry (I) Adcock, Kerry Adcock, Julianna (I) Barron, Julianna Barron, Lakisha (I) Forrest, Lakisha Forrest, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Troy (I) Motley, Troy Motley, Michelle (I) Padilla, Michelle Padilla, Jessica (I) Wanrow, Jessica Wanrow (Rice, Thomas) (Entered: 08/06/2007)
19 STIPULATION for Extension of Time to Respond to Complaint, Certificate of Review and Jury Demand by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber, Defendants Denver, City and County of, Jacob (I) Kopylov, Jacob Kopylov, John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Rastede, Hans Rastede, Karolina (I) Sich, Karolina Sich, Anthony (I) Sullivan, Anthony Sullivan, Kerry (I) Adcock, Kerry Adcock, Julianna (I) Barron, Julianna Barron, Lakisha (I) Forrest, Lakisha Forrest, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Troy (I) Motley, Troy Motley, Michelle (I) Padilla, Michelle Padilla, Jessica (I) Wanrow, Jessica Wanrow. (Fahlsing, Gillian) (Entered: 08/06/2007)
20 Utility Setting/Resetting Deadlines/Hearings: Denver, City and County of answer due 8/27/2007; Jacob (I) Kopylov answer due 8/27/2007; Jacob Kopylov answer due 8/27/2007; John (I) Riordon answer due 8/27/2007; John Riordon answer due 8/27/2007; Loren (I) Collier answer due 8/27/2007; Loren Collier answer due 8/27/2007; Hans (I) Rastede answer due 8/27/2007; Hans Rastede answer due 8/27/2007; Karolina (I) Sich answer due 8/27/2007; Karolina Sich answer due 8/27/2007; Anthony (I) Sullivan answer due 8/27/2007; Anthony Sullivan answer due 8/27/2007; Kerry (I) Adcock answer due 8/27/2007; Kerry Adcock answer due 8/27/2007; Julianna (I) Barron answer due 8/27/2007; Julianna Barron answer due 8/27/2007; Lakisha (I) Forrest answer due 8/27/2007; Lakisha Forrest answer due 8/27/2007; Faun (I) Gomez answer due 8/27/2007; Faun Gomez answer due 8/27/2007; Shermaine (I) Guzman answer due 8/27/2007; Shermaine Guzman answer due 8/27/2007; Amanda (I) Line answer due 8/27/2007; Amanda Line answer due 8/27/2007; Troy (I) Motley answer due 8/27/2007; Troy Motley answer due 8/27/2007; Michelle (I) Padilla answer due 8/27/2007; Michelle Padilla answer due 8/27/2007; Jessica (I) Wanrow answer due 8/27/2007; Jessica Wanrow answer due 8/27/2007. [Text only entry − no document attached]. (dln, ) (Entered: 08/06/2007)
21 NOTICE of Defendant Zimmer's Consent to Removal by Defendants Nancy (I) Zimmer, Nancy Zimmer (Crum, Catherine) (Entered: 08/06/2007)

08/07/2007 08/07/2007
08/08/2007 08/09/2007 08/09/2007 08/10/2007 08/10/2007 08/10/2007 08/10/2007 08/13/2007
08/13/2007
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08/17/2007

22 NOTICE of Entry of Appearance by Terry Cipoletti on behalf of Nancy (I) Zimmer, Nancy Zimmer (Cipoletti, Terry) (Entered: 08/07/2007)
23 NOTICE of Consent to Removal by Defendants Kerry (I) Adcock, Kerry Adcock, Julianna (I) Barron, Julianna Barron, Lakisha (I) Forrest, Lakisha Forrest, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Troy (I) Motley, Troy Motley, Michelle (I) Padilla, Michelle Padilla, Jessica (I) Wanrow, Jessica Wanrow (Rice, Thomas) (Entered: 08/07/2007)
24 NOTICE Consent to Removal by Defendant Maria Bouzaine (Lewis, Wendy) (Entered: 08/08/2007)
25 NOTICE of Entry of Appearance of Stephen J. Hensen and C. Todd Drake by C. Todd Drake on behalf of Robert Kelly Costin (Drake, C.) (Entered: 08/09/2007)
26 NOTICE of Consent to Removal by Defendant Robert Kelly Costin (Hensen, Stephen) (Entered: 08/09/2007)
27 WAIVER OF SERVICE Returned Executed by Jason Haukoos. Jason Haukoos waiver sent on 8/10/2007, answer due 10/9/2007. (Nixon, Scott) (Entered: 08/10/2007)
28 NOTICE OF ENTRY OF APPEARANCE by Defendant Mary (I) Cleary (Kresl, Thomas) (Entered: 08/10/2007)
29 NOTICE OF ENTRY OF APPEARANCE by Defendant Mary Cleary (Robinson, Bradley) (Entered: 08/10/2007)
30 NOTICE OF CONSENT TO REMOVAL by Defendant Mary Cleary (Kresl, Thomas) (Entered: 08/10/2007)
31 WAIVER OF SERVICE Returned Executed by Maria (I) Bouzaine, Maria Bouzaine. Maria (I) Bouzaine waiver sent on 8/13/2007, answer due 10/12/2007; Maria Bouzaine waiver sent on 8/13/2007, answer due 10/12/2007. (Faraci, Paul) (Entered: 08/13/2007)
32 Utility Setting/Resetting Deadlines/Hearings: Answer for Defendant Maria (I) Bouzaine and Maria Bouzaine due 10/12/2007. [Text only entry − no document attached]. (dln, ) (Entered: 08/13/2007)
33 NOTICE of Entry of Appearance by Cathy Havener Greer on behalf of Julie (I) Kirkbride, Julie Kirkbride (Greer, Cathy) (Entered: 08/14/2007)
34 NOTICE re 1 Notice of Removal, Consent to Removal by Defendants Julie (I) Kirkbride, Julie Kirkbride (Greer, Cathy) (Entered: 08/14/2007)
35 NOTICE of Entry of Appearance by William Thomas O'Connell, III on behalf of Julie (I) Kirkbride, Julie Kirkbride (O'Connell, William) (Entered: 08/14/2007)
36 MOTION to Withdraw as Attorney by Defendants Mary (I) Cleary, Mary Cleary. (Attachments: # 1 Proposed Order (PDF Only))(Jurs, Andrew) (Entered: 08/15/2007)
37 ORDER granting 36 Motion to Withdraw as Attorney. Attorney Andrew Wallace Jurs terminated as counsel for defendant Cleary. Signed by Judge Marcia S. Krieger on 8/15/07.(gmssl, ) (Entered: 08/15/2007)
38 NOTICE of Entry of Appearance by Marc F. Colin on behalf of John (I) Riordon, John Riordon, Loren (I) Collier, Loren

08/20/2007 08/24/2007 08/26/2007 08/27/2007
08/27/2007
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09/12/2007 09/12/2007

Collier, Richard (I) Robinson, Richard Robinson, Kerry (I) Adcock, Kerry Adcock, Faun (I) Gomez, Faun Gomez (Colin, Marc) (Entered: 08/17/2007)
39 Unopposed MOTION for Extension of Time to File Answer or Other Responsive Pleading to Plaintiffs' Complaint by Defendants Julie (I) Kirkbride, Julie Kirkbride. (Attachments: # 1 Proposed Order (PDF Only))(Greer, Cathy) (Entered: 08/20/2007)
40 Unopposed MOTION for Extension of Time to File Answer or Other Responsive Pleading by Defendants Robert (I) Kelly Costin, Robert Kelly Costin. (Drake, C.) (Entered: 08/24/2007)
41 MOTION for Extension of Time to File Answer or Other Responsive Pleading by Defendants Mary (I) Cleary, Mary Cleary. (Kresl, Thomas) (Entered: 08/26/2007)
42 ANSWER to Complaint with Jury Demand by Kerry (I) Adcock, Kerry Adcock, Julianna (I) Barron, Julianna Barron, Lakisha (I) Forrest, Lakisha Forrest, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Troy (I) Motley, Troy Motley, Michelle (I) Padilla, Michelle Padilla, Jessica (I) Wanrow, Jessica Wanrow.(Fahlsing, Gillian) (Entered: 08/27/2007)
43 ANSWER to Complaint with Jury Demand by Denver, City and County of, Jacob (I) Kopylov, Jacob Kopylov, John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Rastede, Hans Rastede, Karolina (I) Sich, Karolina Sich, Anthony (I) Sullivan, Anthony Sullivan.(Corchado, Luis) (Entered: 08/27/2007)
44 NOTICE of Entry of Appearance by Robert E. Goodwin on behalf of Julie Kirkbride (Goodwin, Robert) (Entered: 09/07/2007)
45 ORDER OF REFERENCE TO MAGISTRATE JUDGE AND LETTER TO COUNSEL. CASE referred to Magistrate Judge Boyd N. Boland by Judge Krieger. (dln, ) (Entered: 09/10/2007)
46 NOTICE of Entry of Appearance by Matthew Morgan Linton on behalf of Nancy Zimmer (Linton, Matthew) (Entered: 09/11/2007)
47 Unopposed MOTION For Extension of Time to File Answer or Other Responsive Pleading by Defendant Nancy Zimmer. (Linton, Matthew) (Modified on 9/12/2007 to correct entry) (dln, ). (Entered: 09/11/2007)
48 MEMORANDUM regarding 47 Unopposed MOTION For Extension of Time to File Answer or Other Responsive Pleading by Defendant. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 9/12/07. (Text Only Entry − No Document Attached)(dln, ) (Entered: 09/12/2007)
49 Minute ORDER granting to 10/20/2007 47 Unopposed MOTION For Extension of Time to File Answer or Other Responsive Pleading by Defendant by Magistrate Judge Boyd N. Boland on 9/12/07.(dln, ) (Entered: 09/12/2007)
50 Minute ORDER granting to 09/14/2007 39 Unopposed MOTION for Extension of Time to File Answer or Other Responsive Pleading to Plaintiffs' Complaint by Defendant Kirkbride by Magistrate Judge Boyd N. Boland on 9/12/07.(dln, ) (Entered: 09/12/2007)

09/12/2007 09/12/2007 09/12/2007
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51 Minute ORDER granting to 10/01/2007 40 Unopposed MOTION for Extension of Time to File Answer or Other Responsive Pleading by Defendants Robert (I) Kelly Costin, Robert Kelly Costin by Magistrate Judge Boyd N. Boland on 9/12/07.(dln, ) (Entered: 09/12/2007)
52 Minute ORDER granting to 10/08/2007 41 MOTION for Extension of Time to File Answer or Other Responsive Pleading by Defendants Mary (I) Cleary, Mary Cleary by Magistrate Judge Boyd N. Boland on 9/12/07.(dln, ) (Entered: 09/12/2007)
53 Unopposed MOTION For Extension of Time to Designate Non−Parties by Defendants Denver, City and County of, Jacob (I) Kopylov, Jacob Kopylov, John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Rastede, Hans Rastede, Richard (I) Robinson, Richard Robinson, Karolina (I) Sich, Karolina Sich, Anthony (I) Sullivan, Anthony Sullivan, Kerry (I) Adcock, Kerry Adcock, Julianna (I) Barron, Julianna Barron, Lakisha (I) Forrest, Lakisha Forrest, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Julie (I) Kirkbride, Julie Kirkbride, Troy (I) Motley, Troy Motley, Michelle (I) Padilla, Michelle Padilla, Jessica (I) Wanrow, Jessica Wanrow. (Attachments: # 1 Proposed Order (PDF Only))(Fahlsing, Gillian) (Entered: 09/12/2007)
54 MEMORANDUM regarding 53 Unopposed MOTION For Extension of Time to Designate Non−Parties by Defendants. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 9/13/07. (Text Only Entry − No Document Attached)(dln, ) (Entered: 09/13/2007)
55 Minute ORDER granting 53 Unopposed MOTION For Extension of Time to Designate Non−Parties by Defendants by Magistrate Judge Boyd N. Boland on 9/13/07.(dln, ) (Entered: 09/14/2007)
56 ANSWER to Complaint with Jury Demand by Denver Department of Health and Hospitals.(Siderius, Linda) (Entered: 09/14/2007)
57 MOTION to Dismiss for Lack of Jurisdiction , Motion for Summary Judgment on Plaintiffs' Federal Claims and Motion to Dismiss Plaintiffs' Federal Claims by Defendant Denver Department of Health and Hospitals. (Attachments: # 1 Pages Title Page to Exhibit 1# 2 Exhibit 1−A, Pt 1# 3 Exhibit 1−A, Pt 2# 4 Exhibit 1−B, Pt 1# 5 Exhibit 1−B, Pt 2# 6 Exhibit 1−C, Pt 1# 7 Exhibit 1−C, Pt 2# 8 Exhibit 1−D# 9 Exhibit 1−E# 10 Exhibit 1−F, Pt 1# 11 Exhibit 1−F, Pt 2# 12 Exhibit 1−G# 13 Exhibit 1−H, Pt 1# 14 Exhibit 1−H, Pt 2)(Siderius, Linda) (Entered: 09/14/2007)
58 ANSWER to Complaint with Jury Demand by Julie (I) Kirkbride, Julie Kirkbride.(Greer, Cathy) (Entered: 09/14/2007)
59 NOTICE of Voluntary Dismissal of Party Yvette Gaston, R.N. without prejudice by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber (Rich, Sara) (Entered: 09/17/2007)
60 NOTICE of Voluntary Dismissal of Party Troy Motely, with prejudice by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber (Rich, Sara) (Entered: 09/17/2007)
61 Docket Annotation: Party Troy Motley; Troy (I) Motley; Maria Yvette Gaston and Maria (I) Yvette Gaston terminated pursuant to filing re: 59 NOTICE of Voluntary Dismissal of

09/19/2007
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Party Yvette Gaston, R.N. without prejudice by Plaintiffs and 60 NOTICE of Voluntary Dismissal of Party Troy Motely, with prejudice by Plaintiffs. [Text only entry − no document attached]. (dln, ) (Entered: 09/18/2007)
62 JOINDER re 53 Unopposed MOTION For Extension of Time to Designate Non−Parties by Defendants Denver Department of Health and Hospitals, Jason (I) Haukoos, Jason Haukoos, Lisa (I) Cheng, Lisa Cheng, Robert (I) Kelly Costin, Robert Kelly Costin, Maria (I) Bouzaine, Maria Bouzaine, Mary (I) Cleary, Mary Cleary, Nancy (I) Zimmer, Nancy Zimmer. (Siderius, Linda) (Entered: 09/19/2007)
63 NOTICE of Entry of Appearance by Sarah Elizabeth McCutcheon on behalf of John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Kerry (I) Adcock, Kerry Adcock, Faun (I) Gomez, Faun Gomez (McCutcheon, Sarah) (Entered: 09/20/2007)
64 Unopposed MOTION to Amend/Correct/Modify 2 Complaint,,,, Caption of Complaint by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Exhibit 1)(Rich, Sara) (Entered: 09/24/2007)
65 MEMORANDUM regarding 64 Unopposed MOTION to Amend/Correct/Modify 2 Complaint,,,, Caption of Complaint by Plaintiff. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 9/25/07. (Text Only Entry − No Document Attached)(dln, ) (Entered: 09/25/2007)
66 ORDER setting Rule 16(b) Scheduling Conference and Rule 26(f) Planning Meeting set for 11/1/2007 10:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Signed by Magistrate Judge Boyd N. Boland on 9/25/07. (dln, ) (Entered: 09/25/2007)
67 NOTICE of Change of Address by Kathleen M. Shea (Shea, Kathleen) (Entered: 09/25/2007)
68 Minute ORDER granting 64 Unopposed MOTION to Amend/Correct/Modify 2 Complaint Caption of Complaint by Plaintiffs by Magistrate Judge Boyd N. Boland on 9/26/07.(dln, ) (Entered: 09/26/2007)
69 Unopposed MOTION for Extension of Time to File Answer or Other Responsive Pleading by Defendants Robert (I) Kelly Costin, Robert Kelly Costin. (Drake, C.) (Entered: 09/28/2007)
70 MEMORANDUM regarding 69 Unopposed MOTION for Extension of Time to File Answer or Other Responsive Pleading filed by Robert Kelly Costin, Robert (I) Kelly Costin. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 10/1/07. (Text Only Entry − No Document Attached)(dln, ) (Entered: 10/01/2007)
71 Minute ORDER granting to 10/8/2007 69 Unopposed MOTION for Extension of Time to File Answer or Other Responsive Pleading by Defendants Robert (I) Kelly Costin, Robert Kelly Costin by Magistrate Judge Boyd N. Boland on 10/1/07.(dln, ) (Entered: 10/01/2007)
72 Unopposed MOTION for Extension of Time to File Response/Reply as to 57 MOTION to Dismiss for Lack of Jurisdiction , Motion for Summary Judgment on Plaintiffs' Federal Claims and Motion to Dismiss Plaintiffs' Federal Claims by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Proposed Order (PDF Only))(Rich,

10/04/2007
10/08/2007 10/08/2007 10/08/2007 10/09/2007 10/09/2007 10/09/2007 10/09/2007 10/12/2007 10/12/2007 10/15/2007
10/16/2007
10/16/2007 10/19/2007

Sara) (Entered: 10/04/2007)
73 ORDER granting to 10/15/2007 72 Unopposed MOTION for Extension of Time to File Response/Reply as to 57 MOTION to Dismiss for Lack of Jurisdiction, Motion for Summary Judgment on Plaintiffs' Federal Claims and Motion to Dismiss Plaintiffs' Federal Claims by Plaintiffs. Signed by Judge Marcia S. Krieger on 10/4/07.(dln, ) (Entered: 10/04/2007)
74 ANSWER to Complaint and Affirmative Defenses by Robert (I) Kelly Costin, Robert Kelly Costin.(Drake, C.) (Entered: 10/08/2007)
75 MOTION to Dismiss for Lack of Jurisdiction by Defendants Mary (I) Cleary, Mary Cleary. (Attachments: # 1 Exhibit A)(Kresl, Thomas) (Entered: 10/08/2007)
76 ANSWER to Complaint with Jury Demand by Mary (I) Cleary, Mary Cleary.(Kresl, Thomas) (Entered: 10/08/2007)
77 MOTION to Dismiss by Defendant Jason (I) Haukoos. (Nixon, Scott) (Entered: 10/09/2007)
78 BRIEF in Support re 77 MOTION to Dismiss filed by Defendant Jason (I) Haukoos. (Attachments: # 1 Copies of cases referenced in Brief)(Nixon, Scott) (Entered: 10/09/2007)
79 MOTION to Dismiss by Defendants Lisa (I) Cheng, Lisa Cheng. (Shea, Kathleen) (Entered: 10/09/2007)
80 BRIEF in Support re 79 MOTION to Dismiss filed by Defendants Lisa (I) Cheng, Lisa Cheng. (Shea, Kathleen) (Entered: 10/09/2007)
81 CERTIFICATE of Review by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Newman, Mari) (Entered: 10/12/2007)
82 Maria Bouziane, R.N.'s ANSWER to Complaint by Maria (I) Bouziane, Maria Bouziane.(Faraci, Paul) (Entered: 10/12/2007)
83 Unopposed MOTION for Extension of Time to File Response/Reply as to 57 MOTION to Dismiss for Lack of Jurisdiction , Motion for Summary Judgment on Plaintiffs' Federal Claims and Motion to Dismiss Plaintiffs' Federal Claims by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Proposed Order (PDF Only))(Newman, Mari) (Entered: 10/15/2007)
84 ORDER granting to 10/19/2007 83 Unopposed MOTION for Extension of Time to File Response/Reply as to 57 MOTION to Dismiss for Lack of Jurisdiction, Motion for Summary Judgment on Plaintiffs' Federal Claims and Motion to Dismiss Plaintiffs' Federal Claims by Plaintiffs. Signed by Judge Marcia S. Krieger on 10/16/07.(dln, ) (Entered: 10/16/2007)
85 MINUTE ORDER : Scheduling Conference reset for 11/8/2007 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland by Magistrate Judge Boyd N. Boland on 10/16/07. (dln, ) (Entered: 10/16/2007)
86 RESPONSE to Motion re 57 MOTION to Dismiss for Lack of Jurisdiction , Motion for Summary Judgment on Plaintiffs' Federal Claims and Motion to Dismiss Plaintiffs' Federal Claims filed by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Newman, Mari) (Entered: 10/19/2007)

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10/29/2007
10/29/2007 10/29/2007

87 Unopposed MOTION to Permit Further Discovery Pursuant to Federal Rule of Civil Procedure 56(f) by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Exhibit 1 (Affidavit of Mari Newman)# 2 Proposed Order (PDF Only))(Newman, Mari) (Entered: 10/19/2007)
88 MEMORANDUM regarding 87 Unopposed MOTION to Permit Further Discovery Pursuant to Federal Rule of Civil Procedure 56(f) by Plaintiffs. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 10/22/07. (Text Only Entry − No Document Attached)(dln, ) (Entered: 10/22/2007)
89 ANSWER to 2 Complaint,,,, by Richard (I) Roberson, Richard Roberson.(Corchado, Luis) (Entered: 10/22/2007)
90 MOTION to Dismiss by Defendant Nancye Zimmer. (Linton, Matthew) (Entered: 10/22/2007)
91 MOTION For Extension of Time to Serve Summons and Complaint on Defendant Deputy Sarah Bright by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Proposed Order (PDF Only))(Rich, Sara) (Entered: 10/23/2007)
92 MEMORANDUM regarding 91 MOTION For Extension of Time to Serve Summons and Complaint on Defendant Deputy Sarah Bright by Plaintiffs. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 10/23/07. (Text Only Entry − No Document Attached)(dln, ) (Entered: 10/24/2007)
93 Minute ORDER granting to 12/28/2007 91 MOTION For Extension of Time to Serve Summons and Complaint on Defendant Deputy Sarah Bright by Plaintiffs by Magistrate Judge Boyd N. Boland on 10/24/07.(dln, ) (Entered: 10/24/2007)
94 Unopposed MOTION for Extension of Time to File Response/Reply as to 86 Response to Motion, To Dismiss Plaintiffs' Federal Claims, Motion for Summary Judgment on Plaintiffs' Federal Claims and Motion to Dismiss Plaintiffs' State Law Claims for Lack of Jurisdiction by Defendant Denver Department of Health and Hospitals. (Attachments: # 1 Proposed Order (PDF Only) Order)(Siderius, Linda) (Entered: 10/25/2007)
95 ORDER granting to 11/19/2007 94 Unopposed MOTION for Extension of Time to File Response/Reply as to To Dismiss Plaintiffs' Federal Claims, Motion for Summary Judgment on Plaintiffs' Federal Claims and Motion to Dismiss Plaintiffs' State Law Claims for Lack of Jurisdiction by Defendant. No further extensions will be granted. Signed by Judge Marcia S. Krieger on 10/29/07.(dln, ) (Entered: 10/29/2007)
96 Unopposed MOTION for Extension of Time to File Response/Reply as to 79 MOTION to Dismiss by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Proposed Order (PDF Only))(Killmer, Darold) (Entered: 10/29/2007)
97 Unopposed MOTION for Extension of Time to File Response/Reply as to 75 MOTION to Dismiss for Lack of Jurisdiction by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Proposed Order (PDF Only))(Killmer, Darold) (Entered: 10/29/2007)

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98 Unopposed MOTION for Extension of Time to File Response/Reply as to 77 MOTION to Dismiss by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Proposed Order (PDF Only))(Killmer, Darold) (Entered: 10/29/2007)
99 ORDER granting to 11/13/2007 96 Unopposed MOTION for Extension of Time to File Response/Reply as to 79 MOTION to Dismiss by Plaintiffs. No further extensions will be granted. Signed by Judge Marcia S. Krieger on 10/30/07.(dln, ) (Entered: 10/30/2007)
100 ORDER granting to 11/05/2007 97 Unopposed MOTION for Extension of Time to File Response/Reply as to 75 MOTION to Dismiss for Lack of Jurisdiction by Plaintiffs. No further extensions will be granted. Signed by Judge Marcia S. Krieger on 10/30/07.(dln, ) (Entered: 10/30/2007)
101 ORDER granting to 11/19/2007 98 Unopposed MOTION for Extension of Time to File Response/Reply as to 77 MOTION to Dismiss by Plaintiffs. Signed by Judge Marcia S. Krieger on 10/30/07.(dln, ) (Entered: 10/30/2007)
102 Proposed Scheduling Order by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber, Defendants Denver, City and County of, Denver Department of Health and Hospitals, Jason (I) Haukoos, Jason Haukoos, Lisa (I) Cheng, Lisa Cheng, Robert (I) Kelly Costin, Robert Kelly Costin, Maria (I) Bouziane, Maria Bouziane, Mary (I) Cleary, Mary Cleary, Nancye (I) Zimmer, Nancye Zimmer, Jacob (I) Kopylov, Jacob Kopylov, John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Rastede, Hans Rastede, Richard (I) Roberson, Richard Roberson, Karolina (I) Sich, Karolina Sich, Anthony (I) Sullivan, Anthony Sullivan, Keri (I) Adcock, Keri Adcock, Julianna (I) Barron, Julianna Barron, Lakisha (I) Minter, Lakisha Minter, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Julie (I) Kirkbride, Julie Kirkbride, Michelle (I) Salemi, Michelle Salemi, Jessica (I) Wanrow, Jessica Wanrow. (Fahlsing, Gillian) (Entered: 11/01/2007)
103 RESPONSE to Motion re 75 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Killmer, Darold) (Entered: 11/05/2007)
104 Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. Scheduling Conference held on 11/8/2007, ( Discovery due by 11/3/2008. Dispositive Motions due by 12/15/2008.). ORDERED:Plaintiffs to supplement to Scheduling Order to be filed by December 3, 2007. (Court Reporter FTR−G.Mattei.) (bnbcd, ) (Entered: 11/08/2007)
105 MOTION for Protective Order by Defendants John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Richard (I) Roberson, Richard Roberson, Keri (I) Adcock, Keri Adcock, Faun (I) Gomez, Faun Gomez. (Attachments: # 1 Proposed Order (PDF Only) Protective Order)(Colin, Marc) (Entered: 11/08/2007)
106 SCHEDULING ORDER: Discovery due by 11/3/2008. Dispositive Motions due by 12/15/2008. Signed by Magistrate Judge Boyd N. Boland on 11/8/07. (dln, ) (Entered: 11/09/2007)
107 MEMORANDUM regarding 105 MOTION for Protective Order by Defendants. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 11/9/07. (Text

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Only Entry − No Document Attached)(dln, ) (Entered: 11/09/2007)
108 Stipulation and PROTECTIVE ORDER re: 105 MOTION for Protective Order by Defendants. Signed by Magistrate Judge Boyd N. Boland on 11/9/07. (dln, ) (Entered: 11/09/2007)
109 ORDER granting 87 Unopposed MOTION to Permit Further Discovery Pursuant to Federal Rule of Civil Procedure 56(f) by Plaintiff. Signed by Magistrate Judge Boyd N. Boland on 11/9/07.(dln, ) (Entered: 11/09/2007)
110 MOTION for Appointment, Unopposed MOTION for Extension of Time to File Response/Reply as to 103 Response to Motion to Dismiss Plaintiffs' Federal Claims and State Law Claims by Defendants Mary (I) Cleary, Mary Cleary. (Attachments: # 1 Proposed Order (PDF Only))(Kresl, Thomas) (Entered: 11/12/2007)
111 ORDER denying 110 Unopposed MOTION for Extension of Time to File Response/Reply as to Motion to Dismiss Plaintiffs' Federal Claims and State Law Claims by Defendants. Signed by Judge Marcia S. Krieger on 11/13/07.(dln, ) (Entered: 11/13/2007)
112 Unopposed MOTION for Extension of Time to File Response/Reply as to 103 Response to Motion Defendant Mary Cleary, R.N.'s Motion to Dismiss Plaintiffs' Federal Claims and State Law Claims by Defendants Mary (I) Cleary, Mary Cleary. (Attachments: # 1 Proposed Order (PDF Only))(Robinson, Bradley) (Entered: 11/13/2007)
113 Unopposed MOTION for Extension of Time to File Response/Reply as to 90 MOTION to Dismiss by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Proposed Order (PDF Only))(Killmer, Darold) (Entered: 11/13/2007)
114 RESPONSE to Motion re 79 MOTION to Dismiss filed by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Exhibit 1)(Killmer, Darold) (Entered: 11/13/2007)
115 ORDER granting to 11/27/2007 113 Unopposed MOTION for Extension of Time to File Response/Reply as to 90 MOTION to Dismiss by Plaintiffs. Signed by Judge Marcia S. Krieger on 11/14/07.(dln, ) (Entered: 11/14/2007)
116 ORDER granting to 12/4/2007 112 Unopposed MOTION for Extension of Time to File Response/Reply as to Motion Defendant Mary Cleary, R.N.'s Motion to Dismiss Plaintiffs' Federal Claims and State Law Claims by Defendants. Signed by Judge Marcia S. Krieger on 11/14/07.(dln, ) (Entered: 11/14/2007)
117 TRIAL PREPARATION ORDER − CIVIL. Final Pretrial Conference set for 4/8/2009 03:00 PM in Courtroom A 901 before Judge Marcia S. Krieger. Signed by Judge Marcia S. Krieger on 11/19/07. (dln, ) (Entered: 11/19/2007)
118 RESPONSE to Motion re 77 MOTION to Dismiss filed by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Killmer, Darold) (Entered: 11/19/2007)
119 REPLY to Response to Motion re 57 MOTION to Dismiss for Lack of Jurisdiction , Motion for Summary Judgment on Plaintiffs' Federal Claims and Motion to Dismiss Plaintiffs'

11/20/2007 11/20/2007 11/21/2007 11/27/2007 12/03/2007 12/03/2007 12/03/2007 12/04/2007
12/04/2007 12/04/2007

Federal Claims filed by Defendant Denver Department of Health and Hospitals. (Attachments: # 1 Exhibit 1(I))(Siderius, Linda) (Entered: 11/19/2007)
120 Unopposed MOTION for Extension of Time to File Response/Reply as to 79 Motion to Dismiss by Defendants Lisa (I) Cheng, Lisa Cheng. (Attachments: # 1 Proposed Order (PDF Only))(Geraghty, Jerome) Modified on 11/21/2007 to correct linkage from doc #114 to #79. (gms, ). (Entered: 11/20/2007)
121 ORDER granting to 12/12/2007 120 Motion for Extension of Time to File Response/Reply 79 Motion to Dismiss. Signed by Judge Marcia S. Krieger on 11/20/07.(dln, ) (Entered: 11/20/2007)
122 Docket Annotation re: 120 Unopposed MOTION for Extension of Time to File Response/Reply as to 114 Response to Motion to Dismiss. This docket entry was modified to correct linkage from doc #114 to #79. Text only entry − no document attached (gms, ) (Entered: 11/21/2007)
123 RESPONSE to Motion re 90 MOTION to Dismiss Nancye Zimmer, R.N. filed by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Killmer, Darold) (Entered: 11/27/2007)
124 Unopposed MOTION For Extension of Time to File Supplemental Damages Calculation by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Proposed Order (PDF Only))(Rich, Sara) (Entered: 12/03/2007)
125 MOTION to Amend/Correct/Modify 106 Scheduling Order With Respect to Deadline for Joinder of Parties and Amendment of Pleadings by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Proposed Order (PDF Only), # 2 Exhibit 1, # 3 Exhibit 2)(Rich, Sara) (Entered: 12/03/2007)
126 Unopposed MOTION for Extension of Time to File Response/Reply as to 77 MOTION to Dismiss by Defendants Jason (I) Haukoos, Jason Haukoos. (Attachments: # 1 Proposed Order (PDF Only))(Haas, Felice) (Modified on 12/4/2007 to correct linkage) (dln, ). (Entered: 12/03/2007)
127 MEMORANDUM regarding 125 MOTION to Amend/Correct/Modify 106 Scheduling Order With Respect to Deadline for Joinder of Parties and Amendment of Pleadings and 124 Unopposed MOTION For Extension of Time to File Supplemental Damages Calculation filed by Roy Rice, Estate of Emily Rice, Susan Garber. Motions are referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 12/4/07. (Text Only Entry − No Document Attached)(msksec, ) (Modified on 12/5/2007 to remove duplicate text) (dln, ). (Entered: 12/04/2007)
128 ORDER granting Defendant Haukoos' Unopposed 126 Motion for Extension of Time to File Reply in Support of his Motion to Dismiss to 12/14/07. Signed by Judge Marcia S. Krieger on 12/4/07.(gms, ) (Entered: 12/04/2007)
129 Docket Annotation re: 126 Unopposed MOTION for Extension of Time to File Response/Reply as to 77 MOTION to Dismiss by Defendants. [Entry modified to correct linkage]. Text only entry − no document attached (dln, ) (Entered: 12/04/2007)

12/04/2007 12/05/2007 12/06/2007 12/12/2007 12/13/2007
12/14/2007 12/17/2007 12/17/2007 12/17/2007 12/21/2007 12/21/2007
12/26/2007
12/26/2007

130 REPLY to Response to Motion re 75 MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Mary (I) Cleary, Mary Cleary. (Kresl, Thomas) (Entered: 12/04/2007)
131 Minute ORDER granting Plaintiffs' Unopposed 124 Motion for Extension of Time to File Supplemental Damages Calculation to 12/17/07, by Magistrate Judge Boyd N. Boland on 12/5/07.(gms, ) (Entered: 12/05/2007)
132 ORDER denying as premature Plaintiffs' 125 Motion to Modify Scheduling Order with Respect to Deadline for Joinder of Parties and Amendment of Pleadings. Signed by Magistrate Judge Boyd N. Boland on 12/6/07.(gms, ) (Entered: 12/06/2007)
133 REPLY to Response to Motion re 79 MOTION to Dismiss filed by Defendants Lisa (I) Cheng, Lisa Cheng. (Shea, Kathleen) (Entered: 12/12/2007)
134 TRANSCRIPT of Scheduling Conference held on 11−8−07 before Magistrate Judge Boland. Pages: 1−75. Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital−audio taped record, the courtroom deputy for the judicial officer. (Avery Woods Reporting, ) (Entered: 12/13/2007)
135 REPLY to Response to Motion re 77 MOTION to Dismiss Jason Haukoos, M.D. filed by Defendants Jason (I) Haukoos, Jason Haukoos. (Haas, Felice) (Entered: 12/14/2007)
136 NOTICE of Entry of Appearance of Althea Licht by Althea Licht on behalf of all plaintiffs (Licht, Althea) (Entered: 12/17/2007)
137 SUPPLEMENT/AMENDMENT to 106 Scheduling Order by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Newman, Mari) (Entered: 12/17/2007)
138 REPLY to Response to Motion re 90 MOTION to Dismiss filed by Defendants Nancye (I) Zimmer, Nancye Zimmer. (Cipoletti, Terry) (Entered: 12/17/2007)
139 Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiffs' First Set of Written Discovery by Defendant Denver Department of Health and Hospitals. (Attachments: # 1 Proposed Order (PDF Only))(Siderius, Linda) (Entered: 12/21/2007)
140 MEMORANDUM regarding 139 Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiffs' First Set of Written Discovery filed by Denver Department of Health and Hospitals. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 12/21/07. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 12/21/2007)
141 MINUTE ORDER Granting 139 Denver Health's Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiffs' First Set of Written Discovery; Defendant Denver Health shall have until on or before 1/29/08 to respond. Entered by Magistrate Judge Boyd N. Boland on 12/26/07.(pap, ) (Entered: 12/26/2007)
142 Unopposed MOTION for Extension of Time to File Response/Reply to Written Discovery by Defendants Denver, City and County of, Jacob (I) Kopylov, Jacob Kopylov, John

12/26/2007
12/27/2007 12/27/2007 12/27/2007 12/27/2007 12/27/2007 12/27/2007

(I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Rastede, Hans Rastede, Richard (I) Roberson, Richard Roberson, Karolina (I) Sich, Karolina Sich, Anthony (I) Sullivan, Anthony Sullivan, Keri (I) Adcock, Keri Adcock, Julianna (I) Barron, Julianna Barron, Lakisha (I) Minter, Lakisha Minter, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Julie (I) Kirkbride, Julie Kirkbride, Michelle (I) Salemi, Michelle Salemi, Jessica (I) Wanrow, Jessica Wanrow. (Attachments: # 1 Proposed Order (PDF Only) Granting Law Enforcements Defendants' Unopposed Motion for Extension of Time to Submit Written Discovery Responses)(Fahlsing, Gillian) (Entered: 12/26/2007)
143 MEMORANDUM regarding 142 Unopposed MOTION for Extension of Time to File Response/Reply to Written Discovery filed by Amanda (I) Line, Denver, City and County of, Julianna (I) Barron, Keri (I) Adcock, Karolina Sich, Anthony Sullivan, Julie (I) Kirkbride, John Riordon, Lakisha (I) Minter, Michelle Salemi, Lakisha Minter, Jacob (I) Kopylov, Jessica (I) Wanrow, Loren (I) Collier, Loren Collier, Faun (I) Gomez, Keri Adcock, Anthony (I) Sullivan, Jessica Wanrow, Shermaine Guzman, Richard Roberson, Julie Kirkbride, Michelle (I) Salemi, Amanda Line, Faun Gomez, Jacob Kopylov, Hans Rastede, Hans (I) Rastede, John (I) Riordon, Karolina (I) Sich, Julianna Barron, Shermaine (I) Guzman, Richard (I) Roberson. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 12/26/07. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 12/26/2007)
144 Unopposed MOTION For Extension of Time to Respond to Plaintiffs' First Set of Written Discovery by Defendant Lisa Cheng. (Shea, Kathleen) (Entered: 12/27/2007)
145 MEMORANDUM regarding 144 Unopposed MOTION For Extension of Time to Respond to Plaintiffs' First Set of Written Discovery filed by Lisa Cheng. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 12/27/07. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 12/27/2007)
146 MINUTE ORDER Granting 144 Defendant Lisa Cheng, M.D.'s Unopposed MOTION For Extension of Time to Respond to Plaintiffs' First Set of Written Discovery. Granting Defendant Cheng up to 1/29/08 to respond. Entered by Magistrate Judge Boyd N. Boland on 12/27/07.(pap, ) (Entered: 12/27/2007)
147 Unopposed MOTION For Extension of Time to Respond to Plaintiffs' Written Discovery by Defendant Jason Haukoos. (Attachments: # 1 Proposed Order (PDF Only))(Haas, Felice) (Entered: 12/27/2007)
148 MEMORANDUM regarding 147 Unopposed MOTION For Extension of Time to Respond to Plaintiffs' Written Discovery filed by Jason Haukoos. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 12/27/07.(Text Only Entry − No Document Attached) (msksec, ) (Entered: 12/27/2007)
149 MINUTE ORDER Granting 147 Defendant Jason Haukoos, M.D.'s Unopposed Motion for Extension of Time to Respond to Plaintiff's First Set of Written Discovery. Defendant Jason Haukoos, M.D. shall respond on or before 2/1/08. Entered by Magistrate Judge Boyd N. Boland on 12/27/07.(pap, ) (Entered: 12/27/2007)

12/27/2007 12/28/2007 12/28/2007 12/28/2007 12/28/2007 12/28/2007 12/28/2007 12/28/2007 12/28/2007
12/28/2007
12/30/2007

150 MOTION For Extension of Time to Respond to Plaintiffs' First Set of Written Discovery by Defendants Maria (I) Bouziane, Maria Bouziane. (Attachments: # 1 Proposed Order (PDF Only))(Faraci, Paul) (Entered: 12/27/2007)
151 MEMORANDUM regarding 150 MOTION For Extension of Time to Respond to Plaintiffs' First Set of Written Discovery filed by Maria(I)Bouziane, Maria Bouziane. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 12/28/07. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 12/28/2007)
152 Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiffs' First Set of Written Discovery by Defendants Mary (I) Cleary, Mary Cleary. (Attachments: # 1 Proposed Order (PDF Only))(Kresl, Thomas) (Entered: 12/28/2007)
153 MEMORANDUM regarding 152 Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiffs' First Set of Written Discovery filed by Mary Cleary, Mary (I) Cleary. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 12/28/07. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 12/28/2007)
154 Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiffs' First Set of Written Discovery by Defendants Nancye (I) Zimmer, Nancye Zimmer. (Attachments: # 1 Proposed Order (PDF Only))(Cipoletti, Terry) (Entered: 12/28/2007)
155 Unopposed MOTION For Extension of Time to Respond to Plaintiffs First Set of Written Discovery by Defendant Robert Kelly Costin. (Drake, C.) (Entered: 12/28/2007)
156 MEMORANDUM regarding 155 Unopposed MOTION For Extension of Time to Respond to Plaintiffs First Set of Written Discovery filed by Robert Kelly Costin. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 12/28/07. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 12/28/2007)
157 Unopposed MOTION For Extension of Time to Respond to Plaintiffs' First Set of Written Discovery by Defendant Robert Kelly Costin. (Drake, C.) (Entered: 12/28/2007)
158 MEMORANDUM regarding 157 Unopposed MOTION For Extension of Time to Respond to Plaintiffs' First Set of Written Discovery filed by Robert Kelly Costin, 155 Unopposed MOTION For Extension of Time to Respond to Plaintiffs First Set of Written Discovery filed by Robert Kelly Costin. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 12/28/07. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 12/28/2007)
159 Second MOTION For Extension of Time to Serve Summons and Complaint on Defendant Sarah Bright by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Proposed Order (PDF Only))(Killmer, Darold) (Entered: 12/28/2007)
160 MEMORANDUM regarding 159 Second MOTION For Extension of Time to Serve Summons and Complaint on Defendant Sarah Bright filed by Roy Rice, Estate of Emily Rice, Susan Garber. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 12/31/07.

01/02/2008 01/02/2008 01/02/2008 01/02/2008 01/03/2008 01/10/2008 01/11/2008 01/11/2008 01/14/2008

(Text Only Entry − No Document Attached)(msksec, ) (Entered: 12/30/2007)
161 MINUTE ORDER Granting 150 Defendant Maria Bouziane, R.N.'s Unopposed MOTION For Extension of Time to Respond to Plaintiffs' First Set of Written Discovery Defendant Maria Bouziane, R.N. is granted until on or before 2/1/08 to respond to Plaintiffs' First Set of Written Discovery. Entered by Magistrate Judge Boyd N. Boland on 1/2/08.(pap, ) (Entered: 01/02/2008)
162 MINUTE ORDER Granting 152 Defendant Mary Cleary's Unopposed MOTION for Extension of Time to File Response to Plaintiffs' First Set of Written Discovery. Defendant Mary Cleary shall respond to the Plaintiffs' First Set of Written Discovery on or before 2/1/08. Entered by Magistrate Judge Boyd N. Boland on 1/2/08.(pap, ) (Entered: 01/02/2008)
163 MINUTE ORDER Granting 154 Defendant Nancye Zimmer's Unopposed MOTION for Extension of Time to File Response to Plaintiffs' First Set of Written Discovery. Defendant Nancye Zimmer shall respond to the plaintiffs' First Set of Written Discovery on or before 2/1/08. Entered by Magistrate Judge Boyd N. Boland on 1/2/08.(pap, ) (Entered: 01/02/2008)
164 MINUTE ORDER Granting 157 Defendant Robert Kelly Costin's Unopposed MOTION For Extension of Time to Respond to Plaintiffs' First Set of Written Discovery. Defendant Robert Kelly Costin shall respond to the plaintiffs' First Set of Written Discovery on or before 2/1/08. Entered by Magistrate Judge Boyd N. Boland on 1/2/08.(pap, ) (Entered: 01/02/2008)
165 Docket Annotation re: 155 Unopposed MOTION For Extension of Time to Respond to Plaintiffs First Set of Written Discovery; Motion terminated as wrong pdf attached, counsel refiled as 157 Unopposed MOTION For Extension of Time to Respond to Plaintiffs First Set of Written Discovery. Text only entry − no document attached (pap, ) (Entered: 01/03/2008)
166 Unopposed MOTION for Extension of Time to File Response/Reply To Defendants' Joint First Combined Set Of Interrogatories, Requests For Production, And Requests For Admission by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Proposed Order (PDF Only))(Killmer, Darold) (Entered: 01/10/2008)
167 MEMORANDUM regarding 166 Unopposed MOTION for Extension of Time to File Response/Reply To Defendants' Joint First Combined Set Of Interrogatories, Requests For Production, And Requests For Admission filed by Roy Rice, Estate of Emily Rice, Susan Garber. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 1/11/08. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 01/11/2008)
168 MINUTE ORDER Granting 166 Plaintiffs' Unopposed MOTION for Extension of Time to File Response To Defendants' Joint First Combined Set Of Interrogatories, Requests For Production, And Requests For Admission. Plaintiffs are granted until on or before 1/18/08. Entered by Magistrate Judge Boyd N. Boland on 1/11/08.(pap, ) (Entered: 01/11/2008)
169 Minute ORDER granting 159 Plaintiffs Second Motion for Extension of Timeot Serve Summons and complaint on Defendant Deputy Sarah Bright,plaintiffs have to and including

01/25/2008 01/28/2008 01/28/2008 01/29/2008
01/29/2008
01/29/2008 01/30/2008

February 29, 2008, by Magistrate Judge Boyd N. Boland on 1/14/2008.(sah2, ) (Entered: 01/14/2008)
170 Second MOTION For Extension of Time to Respond to Plaintiffs' First Set of Written Discovery by Defendants Lisa (I) Cheng, Lisa Cheng. (Shea, Kathleen) (Entered: 01/25/2008)
171 MEMORANDUM regarding 170 Second MOTION For Extension of Time to Respond to Plaintiffs' First Set of Written Discovery filed by Lisa (I) Cheng, Lisa Cheng. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 1/28/08. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 01/28/2008)
172 MINUTE ORDER Granting 170 Defendant Lisa Cheng, M.D.'s Second MOTION For Extension of Time to Respond to Plaintiffs' First Set of Written Discovery; Defendant Cheng has to and including 2/19/08 to respond. Entered by Magistrate Judge Boyd N. Boland on 1/28/08.(pap, ) (Entered: 01/28/2008)
173 Unopposed MOTION For Extension of Time to Submit Written Discovery Responses by Defendants Denver, City and County of, Jacob (I) Kopylov, Jacob Kopylov, John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Rastede, Hans Rastede, Richard (I) Roberson, Richard Roberson, Karolina (I) Sich, Karolina Sich, Anthony (I) Sullivan, Anthony Sullivan, Keri (I) Adcock, Keri Adcock, Julianna (I) Barron, Julianna Barron, Lakisha (I) Minter, Lakisha Minter, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Julie (I) Kirkbride, Julie Kirkbride, Michelle (I) Salemi, Michelle Salemi, Jessica (I) Wanrow, Jessica Wanrow. (Attachments: # 1 Proposed Order (PDF Only))(Corchado, Luis) (Entered: 01/29/2008)
174 MEMORANDUM regarding 173 Unopposed MOTION For Extension of Time to Submit Written Discovery Responses filed by Amanda (I) Line, Denver, City and County of, Julianna (I) Barron, Keri (I) Adcock, Karolina Sich, Anthony Sullivan, Julie (I) Kirkbride, John Riordon, Lakisha (I) Minter, Michelle Salemi, Lakisha Minter, Jacob (I) Kopylov, Jessica (I) Wanrow, Loren (I) Collier, Loren Collier, Faun (I) Gomez, Keri Adcock, Anthony (I) Sullivan, Jessica Wanrow, Shermaine Guzman, Richard Roberson, Julie Kirkbride, Michelle (I) Salemi, Amanda Line, Faun Gomez, Jacob Kopylov, Hans Rastede, Hans (I) Rastede, John (I) Riordon, Karolina (I) Sich, Julianna Barron, Shermaine (I) Guzman, Richard (I) Roberson. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 1/29/08. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 01/29/2008)
175 SUPPLEMENT/AMENDMENT to 103 Response to Motion to Dismiss Plaintiffs' Federal and State Law Claims by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Killmer, Darold) (Entered: 01/29/2008)
176 MINUTE ORDER Granting 173 Law Enforcement Defendants' Unopposed MOTION For Extension of Time to Submit Written Discovery Responses; Defendants are granted up to and including 2/11/08 to respond. Entered by Magistrate Judge Boyd N. Boland on 1/30/08.(pap, ) (Entered: 01/30/2008)

02/06/2008 02/06/2008 02/07/2008 02/07/2008 02/07/2008 02/07/2008 02/07/2008 02/07/2008 02/07/2008 02/14/2008 02/15/2008 02/18/2008

177 NOTICE of Entry of Appearance by Cathy Havener Greer on behalf of Julianna (I) Barron and Julianna Barron.(Greer, Cathy) (Modified on 2/7/2008 to add filer)(pap2, ). (Entered: 02/06/2008)
178 NOTICE of Entry of Appearance by William Thomas O'Connell, III on behalf of Julianna (I) Barron and Julianna Barron. (O'Connell, William) (Modified on 2/7/2008 to add filer)(pap2, ). (Entered: 02/06/2008)
179 Unopposed MOTION to Withdraw as Attorney of Thomas S. Rice by Defendants Julianna (I) Barron, Julianna Barron. (Attachments: # 1 Proposed Order (PDF Only) Order Granting Notice and Unopposed Motion to Withdraw of Thomas S. Rice)(Rice, Thomas) (Entered: 02/07/2008)
180 Unopposed MOTION to Withdraw as Attorney of Gillian M. Fahlsing by Defendants Julianna (I) Barron, Julianna Barron. (Attachments: # 1 Proposed Order (PDF Only) Order Granting Notice and Unopposed Motion to Withdraw of Gillian M. Fahlsing)(Fahlsing, Gillian) (Entered: 02/07/2008)
181 MEMORANDUM regarding 179 Unopposed MOTION to Withdraw as Attorney of Thomas S. Rice filed by Julianna (I) Barron, Julianna Barron. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 2/7/08. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 02/07/2008)
182 MEMORANDUM regarding 180 Unopposed MOTION to Withdraw as Attorney of Gillian M. Fahlsing filed by Julianna (I) Barron, Julianna Barron. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 2/7/08. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 02/07/2008)
183 Docket Annotation re: 177 Notice of Entry of Appearance, 178 Notice of Entry of Appearance, Cathy Havener Greer and William Thomas O'Connell, III are added on behalf of Julianna Barron (Official Capacity). Text only entry − no document attached (pap2, ) (Entered: 02/07/2008)
184 MINUTE ORDER granting 179 Notice and Unopposed Motion to Withdraw of Thomas S. Rice. Attorney Thomas Sullivan Rice terminated, by Magistrate Judge Boyd N. Boland on 02/07/08.(jmp, ) (Entered: 02/07/2008)
185 MINUTE ORDER granting 180 Notice and Unopposed Motion to Withdraw of Gillian M. Fahlsing. Attorney Gillian Marie Fahlsing terminated from representation of Juliana Barron, by Magistrate Judge Boyd N. Boland on 02/07/08.(jmp, ) (Entered: 02/07/2008)
186 SUMMONS Returned Executed by Roy Rice, Estate of Emily Rice, Susan Garber. Sarah (I) Bright served on 2/8/2008, answer due 2/28/2008; Sarah Bright served on 2/8/2008, answer due 2/28/2008. (Attachments: # 1 Affidavit)(Rich, Sara) (Entered: 02/14/2008)
187 MOTION to Amend/Correct/Modify 2 Complaint,,,, by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Exhibit 1 (Amended Complaint), # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Proposed Order (PDF Only))(Newman, Mari) (Entered: 02/15/2008)
188 MOTION for Costs and Fees in Connection with Service of Process on Defendant Sarah Bright Pursuant to Rule 4(d)(2)

02/19/2008 02/19/2008 02/19/2008 02/19/2008 02/19/2008 02/20/2008
02/20/2008

by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Exhibit 1 (Letter from Rich to Bright, October 11, 2007), # 2 Exhibit 2 (Signature Card Returned for Certified Letter), # 3 Exhibit 3 (Letter from Killmer to Corchado and Rice, November 6, 2007), # 4 Exhibit 4 (Transcript of Scheduling Conference), # 5 Exhibit 5 (Email string, Killmer and Foster, November 24, 2007−December 31, 2007), # 6 Exhibit 6 (Declaration of Investigator Ryan Ross), # 7 Exhibit 7 (Information Needed for Service of Legal Process), # 8 Exhibit 8 (Affidavit of Service), # 9 Exhibit 9 (Ross Investigations Invoice, February 14, 2008), # 10 Exhibit 10 (Payment Record, December 28, 2007), # 11 Exhibit 11 (Payment Record, January 31, 2008), # 12 Exhibit 12 (Service Fee for Service of Process), # 13 Exhibit 13 (Professional Time, Sarah Bright, Service of Process), # 14 Exhibit 14 (Affidavit of Darold W. Killmer), # 15 Proposed Order (PDF Only))(Killmer, Darold) (Entered: 02/18/2008)
189 MEMORANDUM regarding 187 MOTION to Amend/Correct/Modify 2 Complaint, MOTION to Amend/Correct/Modify 2 Complaint, filed by Roy Rice, Estate of Emily Rice, Susan Garber. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 2/19/08. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 02/19/2008)
190 MEMORANDUM regarding 188 MOTION for Costs and Fees in Connection with Service of Process on Defendant Sarah Bright Pursuant to Rule 4(d)(2)filed by Roy Rice, Estate of Emily Rice, Susan Garber. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 2/19/08. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 02/19/2008)
191 Third MOTION For Extension of Time to Respond to Plaintiffs' First Set of Written Discovery by Defendants Lisa (I) Cheng, Lisa Cheng. (Martin, John) (Entered: 02/19/2008)
192 MEMORANDUM regarding 191 Third MOTION For Extension of Time to Respond to Plaintiffs' First Set of Written Discovery filed by Lisa (I) Cheng, Lisa Cheng. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 2/19/08. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 02/19/2008)
193 MOTION to Clarify Regarding Stipulated Protective Order by Defendants Denver, City and County of, Jacob (I) Kopylov, Jacob Kopylov, John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Rastede, Hans Rastede, Richard (I) Roberson, Richard Roberson, Karolina (I) Sich, Karolina Sich, Anthony (I) Sullivan, Anthony Sullivan. (Corchado, Luis) (Entered: 02/19/2008)
194 MEMORANDUM regarding 193 MOTION to Clarify Regarding Stipulated Protective Order filed by Anthony (I) Sullivan, Denver, City and County of, Richard Roberson, Karolina Sich, Anthony Sullivan, John Riordon, Hans Rastede, Jacob Kopylov, Karolina (I) Sich, John (I) Riordon, Hans (I) Rastede, Jacob (I) Kopylov, Loren (I) Collier, Loren Collier, Richard (I) Roberson. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 2/20/08. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 02/20/2008)
195 MINUTE ORDER Setting Hearing on 187 Plaintiffs' MOTION to File Amended 2 Complaint. Motion Hearing set for

02/20/2008 02/20/2008 02/20/2008
02/20/2008 02/20/2008 02/20/2008 02/27/2008 02/28/2008 03/03/2008
03/03/2008

3/12/2008 10:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Defendants shall respond to the Motion on or before 3/07/08, by Magistrate Judge Boyd N. Boland on 2/20/08. (jmp, ) Modified on 2/20/2008 to indicate the correct motion hearing date. (jmp, ). (Entered: 02/20/2008)
196 Docket Annotation re: 195 Order Setting Hearing on Motion. This docket entry was modified to indicate the correct motion hearing. Text only entry − no document attached (jmp, ) (Entered: 02/20/2008)
197 Utility Setting/Resetting Deadlines/Hearings: Motion Hearing set for 3/12/2008 10:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Text only entry − no document attached. (jmp, ) (Entered: 02/20/2008)
198 MINUTE ORDER Setting Hearing on 188 Plaintiffs' MOTION Pursuant to Rule 4(d)(2) for Award of Fees and Costs in Connection with Service of Process on Defendant Sarah Bright: Motion Hearing set for 3/12/2008 10:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Defendants shall respond to the Motion on or before 3/07/08, by Magistrate Judge Boyd N. Boland on 2/20/08. (jmp, ) (Entered: 02/20/2008)
199 MINUTE ORDER granting 191 Defendant Lisa Cheng, M.D.'s Third and Final Unopposed Motion for Extension of Time to Respond to Plaintiff's First Set of Written Discovery. Defendant Cheng shall respond to the first set of written discovery on or before 2/21/08, by Magistrate Judge Boyd N. Boland on 2/20/08.(jmp, ) (Entered: 02/20/2008)
200 MINUTE ORDER Setting Hearing on 193 MOTION for Clarification Regarding Stipulated Protective Order: Motion Hearing set for 3/12/2008 10:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Parties shall respond to the Motion on or before 3/7/08, by Magistrate Judge Boyd N. Boland on 2/20/08. (jmp, ) (Entered: 02/20/2008)
201 RESPONSE to Motion re 188 MOTION for Costs and Fees in Connection with Service of Process on Defendant Sarah Bright Pursuant to Rule 4(d)(2) filed by Defendant Denver Department of Health and Hospitals. (Revercomb, Laura) (Modified on 2/22/2008 to remove system generated duplicate text) (pap2, ). (Entered: 02/20/2008)
202 MOTION to Dismiss by Defendant Sarah Bright. (Attachments: # 1 Exhibit A−1, # 2 Exhibit A−2, # 3 Exhibit A−3, # 4 Exhibit A−4)(Foster, Daniel) (Entered: 02/27/2008)
203 LETTER re: 202 MOTION to Dismiss by Defendant Sarah Bright. (Attachments: # 1 Exhibit A−5)(Foster, Daniel) (Entered: 02/28/2008)
204 MOTION for Protective Order to Prohibit Further Abusive Investigative Tactics by Defense Investigators by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Exhibit 1 (Affidavit of Roberta Wells), # 2 Exhibit 2 (Letter from Killmer to Corchado and Siderius, January 30, 2008), # 3 Exhibit 3 (Affidavit of Charles McCormick), # 4 Exhibit 4 (Declaration of Barbara Cook), # 5 Exhibit 5 (Affidavit of Rikki Lee Conger), # 6 Exhibit 6 (Declaration of Cheryl Miller))(Killmer, Darold) (Entered: 03/03/2008)
205 MEMORANDUM regarding 204 MOTION for Protective Order to Prohibit Further Abusive Investigative Tactics by Defense Investigators filed by Roy Rice, Estate of Emily Rice,

03/03/2008
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03/07/2008 03/07/2008 03/07/2008

Susan Garber. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 3/3/08. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 03/03/2008)
206 MINUTE ORDER re: 204 MOTION for Protective Order to Prohibit Further Abusive Investigative Tactics by Defense Investigators filed by Roy Rice, Estate of Emily Rice, Susan Garber. Motion Hearing set for 3/12/2008 10:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Parties shall respond to the Motion on or before 3/10/08, by Magistrate Judge Boyd N. Boland on 3/03/08. (jmp, ) (Entered: 03/03/2008)
207 RESPONSE to Motion re 187 MOTION to Amend/Correct/Modify 2 Complaint Law Enforcement Defendants' Joint Response filed by Defendants Julianna (I) Barron, Julianna Barron, Julie (I) Kirkbride, Julie Kirkbride. (Greer, Cathy) Modified on 3/10/2008 to delete duplicate text generated by the system. (gms, ). (Entered: 03/07/2008)
208 SUPPLEMENT/AMENDMENT to 202 MOTION to Dismiss by Defendant Sarah (I) Bright. (Attachments: # 1 Exhibit A−2 Updated, # 2 Exhibit A−3 Updated)(Foster, Daniel) (Entered: 03/07/2008)
209 RESPONSE to Motion re 187 MOTION to Amend/Correct/Modify 2 Complaint, filed by Defendant Denver Department of Health and Hospitals. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Siderius, Linda) Modified on 3/10/2008 to delete duplicate text generated by the system.(gms, ). (Entered: 03/07/2008)
210 JOINDER in Denver Health's 209 Response to Motion To File Amended Complaint and Supplemental Response to Motion to File Amended Complaint 187 by Defendant Jason Haukoos and Jason (I) Haukoos. (Attachments: # 1 Exhibit A through D)(Haas, Felice) Modified on 3/10/2008 to delete the linkage and associated text to Doc. 187 and to add Dr. Haukoos as a filer in his individual capacity (gms, ). Modified on 3/10/2008 to recreate linkage to Doc 187, as this is also a supplemental response to that motion (gms, ). (Entered: 03/07/2008)
211 RESPONSE to Motion re 188 MOTION for Costs and Fees in Connection with Service of Process on Defendant Sarah Bright Pursuant to Rule 4(d)(2) filed by Defendant Denver, City and County of. (Corchado, Luis) Modified on 3/10/2008 to delete duplicate text generated by the system. (gms, ). (Entered: 03/07/2008)
212 RESPONSE to Motion re 187 MOTION to Amend/Correct/Modify 2 Complaint, filed by Defendants Maria (I) Bouziane, Maria Bouziane. (Faraci, Paul) Modified on 3/10/2008 to delete duplicate text generated by the system. (gms, ). (Entered: 03/07/2008)
213 RESPONSE to Motion re 193 MOTION to Clarify Regarding Stipulated Protective Order filed by Defendants Keri (I) Adcock, Keri Adcock, Julianna (I) Barron, Julianna Barron, Sarah (I) Bright, Sarah Bright, Lakisha (I) Minter, Lakisha Minter, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Julie (I) Kirkbride, Julie Kirkbride, Michelle (I) Salemi, Michelle Salemi, Jessica (I) Wanrow, Jessica Wanrow. (Attachments: # 1 Exhibit Exhibits in Support of Joint Response to Motion for Clarification)(Colin, Marc) (Entered: 03/07/2008)

03/07/2008 03/07/2008 03/07/2008
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03/10/2008 03/10/2008 03/10/2008 03/10/2008 03/10/2008

214 JOINDER in Denver Health's and Maria Bouzaine's Responses to Plaintiffs' Motion to Amend Complaint 209 and 212 by Defendant Robert Kelly Costin and Robert (I) Kelly Costin. (Drake, C.) Modified on 3/10/2008 to create linkages to Docs #209 and 212 and to add Mr. Costin in as a filer in his individual capacity (gms, ) (Entered: 03/07/2008)
215 MOTION for Extension of Time to File Response/Reply as to 193 MOTION to Clarify Regarding Stipulated Protective Order by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Proposed Order (PDF Only))(Rich, Sara) (Entered: 03/07/2008)
216 RESPONSE to Motion re 187 MOTION to Amend/Correct/Modify 2 Complaint, filed by Defendants Lisa (I) Cheng, Lisa Cheng. (Attachments: # 1 Exhibit A − CDPHE Report, # 2 Exhibit B − Plaintiffs' First Supplemental Disclosures)(Geraghty, Jerome) Modified on 3/10/2008 to delete duplicate text generated by the system.(gms, ). (Entered: 03/07/2008)
217 RESPONSE to Motion re 187 MOTION to Amend/Correct/Modify 2 Complaint, filed by Defendants Nancye (I) Zimmer, Nancye Zimmer. (Attachments: # 1 Exhibit A − transcript)(Cipoletti, Terry) Modified on 3/10/2008 to delete duplicate text generated by the system.(gms, ). (Entered: 03/07/2008)
218 SUPPLEMENT/AMENDMENT to 217 Response to Motion to File Amended Complaint by Defendants Nancye (I) Zimmer, Nancye Zimmer. (Attachments: # 1 Pages 8)(Cipoletti, Terry) (Entered: 03/08/2008)
219 MEMORANDUM regarding 215 MOTION for Extension of Time to File Response/Reply as to 193 MOTION to Clarify Regarding Stipulated Protective Order filed by Roy Rice, Estate of Emily Rice, Susan Garber. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 3/10/08. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 03/10/2008)
220 Docket Annotation re: 210 Joinder. This docket entry was modified to delete the linkage and associated text to Doc. 187 and to add Dr. Haukoos as a filer in his individual capacity. Text only entry − no document attached (gms, ) (Entered: 03/10/2008)
221 Docket Annotation re: 210 Joinder. This docket entry was modified to recreate linkage to Doc 187, as this is also a supplemental response to that motion. Text only entry − no document attached (gms, ) (Entered: 03/10/2008)
222 Docket Annotation re: 214 Joinder. This docket entry was modified to create linkages to Docs #209 and 212 and to add Mr. Costin in as a filer in his individual capacity. Text only entry − no document attached (gms, ) (Entered: 03/10/2008)
223 MOTION for Joinder re 187 MOTION to Amend/Correct/Modify 2 Complaint,,,, MOTION to Amend/Correct/Modify 2 Complaint,,,,, 209 Response to Motion, 212 Response to Motion by Defendants Mary (I) Cleary, Mary Cleary. (Kresl, Thomas) (Entered: 03/10/2008)
224 MINUTE ORDER granting 215 Plaintiff's Motion for One Business Day Extension of Time to Respond to 193 Defendant's MOTION for Claraification Regarding Stipulated Protective Order. Responses due by 3/10/2008, by Magistrate Judge Boyd N. Boland on 3/10/08.(jmp, ) (Entered:

03/10/2008 03/10/2008 03/10/2008
03/10/2008 03/10/2008
03/10/2008 03/10/2008 03/10/2008

03/10/2008)
225 Docket Annotation re: 217 Response to Motion, 211 Response to Motion, 216 Response to Motion, 212 Response to Motion, 207 Response to Motion, 209 Response to Motion. These docket entries were modified to delete duplicate text generated by the system. Text only entry − no document attached (gms, ) (Entered: 03/10/2008)
226 MEMORANDUM regarding 223 MOTION for Joinder re 187 MOTION to end/Correct/Modify 2 Complaint, 209 Response to Motion, 212 Response to Motion filed by Mary Cleary, Mary (I) Cleary. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 3/10/08. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 03/10/2008)
227 RESPONSE to Motion re 193 MOTION to Clarify Regarding Stipulated Protective Order filed by Defendants Keri (I) Adcock, Keri Adcock, Julianna (I) Barron, Julianna Barron, Lakisha (I) Minter, Lakisha Minter, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Julie (I) Kirkbride, Julie Kirkbride, Michelle (I) Salemi, Michelle Salemi, Jessica (I) Wanrow, Jessica Wanrow. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Colin, Marc) (Entered: 03/10/2008)
228 Docket Annotation re: 223 MOTION for Joinder. This motion was terminated because document is a Joinder. Text only entry − no document attached (jmp, ) (Entered: 03/10/2008)
229 RESPONSE to Motion re 204 MOTION for Protective Order to Prohibit Further Abusive Investigative Tactics by Defense Investigators filed by Defendants Denver, City and County of, Jacob (I) Kopylov, Jacob Kopylov, John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Rastede, Hans Rastede, Richard (I) Roberson, Richard Roberson, Karolina (I) Sich, Karolina Sich, Anthony (I) Sullivan, Anthony Sullivan, Keri (I) Adcock, Keri Adcock, Julianna (I) Barron, Julianna Barron, Lakisha (I) Minter, Lakisha Minter, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Julie (I) Kirkbride, Julie Kirkbride, Michelle (I) Salemi, Michelle Salemi, Jessica (I) Wanrow, Jessica Wanrow. (Rice, Thomas) (Entered: 03/10/2008)
230 RESPONSE to Motion re 193 MOTION to Clarify Regarding Stipulated Protective Order filed by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Killmer, Darold) (Entered: 03/10/2008)
231 RESPONSE to Motion re 204 MOTION for Protective Order to Prohibit Further Abusive Investigative Tactics by Defense Investigators filed by Defendant Denver Department of Health and Hospitals. (Attachments: # 1 Exhibit Westlaw case, # 2 Exhibit A, # 3 Exhibit B)(Siderius, Linda) (Entered: 03/10/2008)
232 RESPONSE to Motion re 204 MOTION for Protective Order to Prohibit Further Abusive Investigative Tactics by Defense Investigators filed by Defendants Nancye (I) Zimmer, Nancye Zimmer. (Cipoletti, Terry) (Entered: 03/10/2008)

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233 NOTICE of Entry of Appearance by Troy Robert Rackham on behalf of Denver Department of Health and Hospitals (Rackham, Troy) (Entered: 03/11/2008)
234 Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. ORDERED:Plaintiffs motion to file amended complaint filed February 15, 2008; Doc 187 is granted as stated on the record.ORDERED:Ruling on Plaintiffs motion pursuant to Rule 4(d)(2) for award of fees and costs in connection with service of process of defendant Sarah Bright filed February 18, 2008; Doc 188 is deferred. ORDERED:Defendants motion for clarification regarding stipulated protective order filed March 10, 2008; Doc 193 is granted as stated on the record. Defendants shall look through documents and make a redesignation of confidential or not, on or before March 26, 2008. Motion Hearing held on 3/12/2008. (Court Reporter FTR−G.Mattei.) (bnbcd, ) (Entered: 03/12/2008)
235 AMENDED COMPLAINT and JURY DEMAND against Wendy Jo Anderson, Wendy (I) Jo Anderson, Denver, City and County of, Denver Department of Health and Hospitals, Jason (I) Haukoos, Jason Haukoos, Lisa (I) Cheng, Lisa Cheng, Robert (I) Kelly Costin, Robert Kelly Costin, Maria (I) Bouziane, Maria Bouziane, Mary (I) Cleary, Mary Cleary, Nancye (I) Zimmer, Nancye Zimmer, Jacob (I) Kopylov, Jacob Kopylov, John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Rastede, Hans Rastede, Richard (I) Roberson, Richard Roberson, Karolina (I) Sich, Karolina Sich, Anthony (I) Sullivan, Anthony Sullivan, Keri (I) Adcock, Keri Adcock, Julianna (I) Barron, Julianna Barron, Sarah (I) Bright, Sarah Bright, Lakisha (I) Minter, Lakisha Minter, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Julie (I) Kirkbride, Julie Kirkbride, Michelle (I) Salemi, Michelle Salemi, Jessica (I) Wanrow, Jessica Wanrow, filed by Roy Rice, Estate of Emily Rice, Susan Garber.(jmp, ) (Entered: 03/13/2008)
236 Joint MOTION for Protective Order to Prohibit Discovery Regarding Personal, Confidential, and Non−Relevant Information by Defendants Denver, City and County of, Jacob (I) Kopylov, Jacob Kopylov, John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Rastede, Hans Rastede, Richard (I) Roberson, Richard Roberson, Karolina (I) Sich, Karolina Sich, Anthony (I) Sullivan, Anthony Sullivan, Keri (I) Adcock, Keri Adcock, Julianna (I) Barron, Julianna Barron, Lakisha (I) Minter, Lakisha Minter, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Julie (I) Kirkbride, Julie Kirkbride, Michelle (I) Salemi, Michelle Salemi, Jessica (I) Wanrow, Jessica Wanrow. (Attachments: # 1 Exhibit A−1, # 2 Exhibit A−2, # 3 Exhibit A−3, # 4 Exhibit A−4, # 5 Proposed Order (PDF Only))(Rice, Thomas) (Entered: 03/13/2008)
237 AMENDED MINUTE ORDER re: granting of 64 Unopposed MOTION to Amend Caption of Complaint. Yvette DuBois and Yvette (I) DuBois terminated, by Magistrate Judge Boyd N. Boland on 3/13/08. (jmp, ) (Entered: 03/13/2008)
238 MEMORANDUM regarding 236 Joint MOTION for Protective Order to Prohibit Discovery Regarding Personal, Confidential, and Non−Relevant Information filed by Amanda (I) Line, Denver, City and County of, Julianna (I) Barron, Keri (I) Adcock, Karolina Sich, Anthony Sullivan, Julie (I) Kirkbride, John Riordon, Lakisha (I) Minter, Michelle Salemi, Lakisha Minter, Jacob (I) Kopylov, Jessica (I) Wanrow, Loren (I) Collier, Loren Collier, Faun (I) Gomez, Keri Adcock,

03/13/2008 03/13/2008 03/13/2008 03/13/2008 03/14/2008
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Anthony (I) Sullivan, Jessica Wanrow, Shermaine Guzman, Richard Roberson, Julie Kirkbride, Michelle (I) Salemi, Amanda Line, Faun Gomez, Jacob Kopylov, Hans Rastede, Hans (I) Rastede, John (I) Riordon, Karolina (I) Sich, Julianna Barron, Shermaine (I) Guzman, Richard (I) Roberson. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 3/13/08. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 03/13/2008)
239 NOTICE of Entry of Appearance by David H. Yun on behalf of Wendy Jo Anderson, Wendy (I) Jo Anderson (Yun, David) (Entered: 03/13/2008)
240 NOTICE of Entry of Appearance by Sarah Jane Mitchell on behalf of Wendy Jo Anderson, Wendy (I) Jo Anderson (Mitchell, Sarah) (Entered: 03/13/2008)
241 NOTICE of Entry of Appearance by Joseph Cabell Jaudon on behalf of Wendy Jo Anderson, Wendy (I) Jo Anderson (Jaudon, Joseph) (Entered: 03/13/2008)
242 ORDER denying as moot 57 Motion to Dismiss for Lack of Jurisdiction; denying as moot 75 Motion to Dismiss for Lack of Jurisdiction; denying as moot 77 Motion to Dismiss; denying as moot 79 Motion to Dismiss; denying as moot 90 Motion to Dismiss; denying as moot 202 Motion to Dismiss. Signed by Judge Marcia S. Krieger on 3/13/08.(jmp, ) (Entered: 03/13/2008)
243 ORDER granting 187 Plaintiffs' Motion to File Amended Complaint. The Clerk of the Court is directed to accept the Amended Complaint and Jury Demand [187−2] for filing; deferring Plaintiffs Motion Pursuant to Rule 4(d)(2) for Award of Fees and Costs In Connection With Service of Process on Defendant Sarah Bright, pending a determination of Defendant Sarah Brights Motion to Dismiss; granting Motion for Clarification Regarding Stipulated Protective Order. Signed by Magistrate Judge Boyd N. Boland on 3/14/08. (jmp, ) (Entered: 03/14/2008)
244 MINUTE ORDER Setting Evidentiary Hearing on Motion 204 Plaintiffs' MOTION for Protective Order to Prohibit Further Abusive Investigative Tactics by Defense Investigators: Motion Hearing set for 3/27/2008 01:30 PM before Magistrate Judge Boyd N. Boland. The parties shall provide witness lists, exhibit lists, and copies of all exhibits on 3/24/08, at 12:00 noon. Signed by Magistrate Judge Boyd N. Boland on 3/14/08. (jmp, ) (Entered: 03/14/2008)
245 ORDER Setting Hearing on Motion 236 Law Enforcement Defendants Joint MOTION for Protective Order to Prohibit Discovery Regarding Personal, Confidential, and Non−Relevant Information: Motion Hearing set for 4/15/2008 10:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. The parties shall respond to the Motion on or before by 4/2/2008. Signed by Magistrate Judge Boyd N. Boland on 3/17/08. (jmp, ) (Entered: 03/17/2008)
246 Exhibits in Support of 244 Order Setting Hearing on Motion, by Defendant Denver Department of Health and Hospitals. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Rackham, Troy) (Entered: 03/24/2008)
247 Exhibit List (Law Enforcement Defendants' Joint Exhibit List) by Defendants Julianna (I) Barron, Julianna Barron, Julie (I) Kirkbride, Julie Kirkbride. (Attachments: # 1 Exhibit 1, # 2

03/24/2008 03/24/2008 03/25/2008 03/25/2008 03/25/2008
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03/26/2008 03/26/2008
03/26/2008 03/26/2008 03/26/2008

Exhibit 2)(Greer, Cathy) (Entered: 03/24/2008)
248 Exhibits in Support of 244 Order Setting Hearing on Motion, Witness List by Defendant Denver Department of Health and Hospitals. (Rackham, Troy) (Entered: 03/24/2008)
249 Exhibits in Support of 244 Order Setting Hearing on Motion, by Defendant Denver Department of Health and Hospitals. (Attachments: # 1 Exhibit 5 − Business Card of Charles McCormick)(Rackham, Troy) (Entered: 03/24/2008)
250 WAIVER OF SERVICE Returned Executed by all plaintiffs. Wendy Jo Anderson waiver sent on 3/12/2008, answer due 5/12/2008; Wendy (I) Jo Anderson waiver sent on 3/12/2008, answer due 5/12/2008. (Newman, Mari) (Entered: 03/25/2008)
251 MOTION to Dismiss Plaintiffs' Amended Complaint by Defendants Jason (I) Haukoos, Jason Haukoos. (Haas, Felice) (Entered: 03/25/2008)
252 BRIEF in Support re 251 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Defendants Jason (I) Haukoos, Jason Haukoos. (Attachments: # 1 Continuation of Main Document, # 2 Continuation of Main Document, # 3 Continuation of Main Document, # 4 Continuation of Main Document, # 5 Continuation of Main Document, # 6 Continuation of Main Document)(Haas, Felice) (Entered: 03/25/2008)
253 Unopposed MOTION to Amend/Correct/Modify 235 Amended Complaint,,,, by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Exhibit 1 − Amended Complaint (Corrected), # 2 Proposed Order (PDF Only))(Rich, Sara) (Entered: 03/25/2008)
254 MEMORANDUM regarding 253 Unopposed MOTION to Amend/Correct/Modify 235 Amended Complaint,filed by Roy Rice, Estate of Emily Rice, Susan Garber. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 3/26/08. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 03/26/2008)
255 Unopposed MOTION for Extension of Time to File Answer (to the Corrected Amended Complaint) by Defendants Julianna (I) Barron, Julianna Barron, Julie (I) Kirkbride, Julie Kirkbride. (Attachments: # 1 Proposed Order (PDF Only))(Greer, Cathy) (Entered: 03/26/2008)
256 MEMORANDUM regarding 255 Unopposed MOTION for Extension of Time to File Answer (to the Corrected Amended Complaint) filed by Julianna (I) Barron, Julianna Barron, Julie Kirkbride, Julie (I) Kirkbride. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 3/26/08. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 03/26/2008)
257 MINUTE ORDER granting 253 Plaintiff's Unopposed Motion to Correct Amended Complaint. The Clerk of the Court is directed to accept for filing the attached Amended Complaint and Jury Demand (Corrected) for filing, by Magistrate Judge Boyd N. Boland on 3/26/08.(jmp, ) (Entered: 03/26/2008)
258 (Corrected)AMENDED COMPLAINT against all defendants, filed by Roy Rice, Estate of Emily Rice, Susan Garber.(jmp, ) (Entered: 03/26/2008)
259 Jury Demand and ANSWER to 258 Amended Complaint by Denver Department of Health and Hospitals.(Siderius, Linda)

03/26/2008
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(Entered: 03/26/2008)
260 MINUTE ORDER granting 255 Unopposed Motion of Law Enforcement Defendants for a Two Day Extension of Time to Respond to the Corrected Amended Complaint. Denver, City and County of answer due 3/28/2008; Jacob (I) Kopylov answer due 3/28/2008; Jacob Kopylov answer due 3/28/2008; John (I) Riordon answer due 3/28/2008; John Riordon answer due 3/28/2008; Loren (I) Collier answer due 3/28/2008; Loren Collier answer due 3/28/2008; Hans (I) Rastede answer due 3/28/2008; Hans Rastede answer due 3/28/2008; Richard (I) Roberson answer due 3/28/2008; Richard Roberson answer due 3/28/2008; Karolina (I) Sich answer due 3/28/2008; Karolina Sich answer due 3/28/2008; Anthony (I) Sullivan answer due 3/28/2008; Anthony Sullivan answer due 3/28/2008; Keri (I) Adcock answer due 3/28/2008; Keri Adcock answer due 3/28/2008; Julianna (I) Barron answer due 3/28/2008; Julianna Barron answer due 3/28/2008; Lakisha (I) Minter answer due 3/28/2008; Lakisha Minter answer due 3/28/2008; Faun (I) Gomez answer due 3/28/2008; Faun Gomez answer due 3/28/2008; Shermaine (I) Guzman answer due 3/28/2008; Shermaine Guzman answer due 3/28/2008; Amanda (I) Line answer due 3/28/2008; Amanda Line answer due 3/28/2008; Julie (I) Kirkbride answer due 3/28/2008; Julie Kirkbride answer due 3/28/2008; Michelle (I) Salemi answer due 3/28/2008; Michelle Salemi answer due 3/28/2008; Jessica (I) Wanrow answer due 3/28/2008; Jessica Wanrow answer due 3/28/2008, by Magistrate Judge Boyd N. Boland on 3/26/08.(jmp, ) (Entered: 03/26/2008)
261 ANSWER to 258 Amended Complaint by Robert (I) Kelly Costin, Robert Kelly Costin.(Drake, C.) (Entered: 03/26/2008)
262 Unopposed MOTION For Extension of Time to Complete Confidental Designation Review by Defendant Denver Department of Health and Hospitals. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Siderius, Linda) (Entered: 03/26/2008)
263 MEMORANDUM regarding 262 Unopposed MOTION For Extension of Time to Complete Confidental Designation Review filed by Denver Department of Health and Hospitals. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 3/26/08. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 03/26/2008)
264 MOTION to Dismiss by Defendants Lisa (I) Cheng, Lisa Cheng. (Attachments: # 1 Pages Brief in Support)(Shea, Kathleen) (Entered: 03/26/2008)
265 Unopposed MOTION to Confirm Response Date or in the Alternative for an Extension of Time to Respond to the Corrected Amended Complaint by Defendants Nancye (I) Zimmer, Nancye Zimmer. (Cipoletti, Terry) (Entered: 03/26/2008)
266 Jury Demand and ANSWER to 258 Amended Complaint by Maria (I) Bouziane, Maria Bouziane.(Faraci, Paul) (Entered: 03/27/2008)
267 ANSWER to 258 Amended Complaint by Keri (I) Adcock, Keri Adcock, Lakisha (I) Minter, Lakisha Minter, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Michelle (I) Salemi, Michelle Salemi, Jessica (I) Wanrow, Jessica Wanrow.(Fahlsing, Gillian) (Entered: 03/27/2008)

03/27/2008
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03/28/2008
03/28/2008

268 MEMORANDUM regarding 265 Unopposed MOTION to Confirm Response Date or in the Alternative for an Extension of Time to Respond to the Corrected Amended Complaint filed by Nancye Zimmer, Nancye (I) Zimmer. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 3/27/08. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 03/27/2008)
269 ORDER: Investigators and agents engaged by the parties shall not lie or make misrepresentations to, threaten, or intimidate potential witnesses in this case. Signed by Magistrate Judge Boyd N. Boland on 3/27/08. (jmp, ) (Entered: 03/27/2008)
270 MINUTE ORDER denying as moot 204 Plaintiffs Motion for Protective Order to Prohibit Further Abusive Investigative Tactics By Defense Investigators, by Magistrate Judge Boyd N. Boland on 3/27/08.(jmp, ) (Entered: 03/27/2008)
271 Unopposed MOTION for Extension of Time to File Answer re 258 Amended Complaint by Defendants Mary (I) Cleary, Mary Cleary. (Kresl, Thomas) (Entered: 03/27/2008)
275 Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. Evidentiary Hearing held on 3/27/2008.ORDERED:Plaintiffs motion for protective order to prohibit further abusive investigative tactics by defense investigators filed March 3, 2008; Doc. 204 is denied as moot as stated on the record. (Court Reporter FTR−G.Mattei.) (bnbcd, ) (Entered: 03/28/2008)
272 MEMORANDUM regarding 271 Unopposed MOTION for Extension of Time to File Answer re 258 Amended Complaint filed by Mary Cleary, Mary (I) Cleary. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 3/28/08. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 03/28/2008)
273 Jury Demand and ANSWER to 258 Amended Complaint by Julie (I) Kirkbride, Julie Kirkbride.(Greer, Cathy) (Entered: 03/28/2008)
274 Jury Demand and ANSWER to 258 Amended Complaint by Julianna (I) Barron, Julianna Barron.(Greer, Cathy) (Entered: 03/28/2008)
276 MINUTE ORDER granting 262 Denver Healths Unopposed Motion for Extension of Time in Which to Complete Confidential Designation Review. Defendant Denver Department of Health and Hospitals has to April 7, 2008, in which to complete its review of its confidential designations of its document production, by Magistrate Judge Boyd N. Boland on 3/28/08.(jmp, ) (Entered: 03/28/2008)
277 MINUTE ORDER granting 265 Unopposed Motion of Defendant Nurse Zimmer for Confirmation of Response Date or in the Alternative for an Extension of Time to Respond to the Corrected Amended Complaint. Defendant Nancye Zimmer, R.N. shall answer or respond to the plaintiffs Corrected Amended Complaint on or before March 31, 2008, by Magistrate Judge Boyd N. Boland on 3/28/08.(jmp, ) (Entered: 03/28/2008)
278 Utility Setting/Resetting Deadlines/Hearings: Nancye (I) Zimmer answer due 3/31/2008; Nancye Zimmer answer due 3/31/2008, pursuant to Minute Order of 3/28/08. Text only entry − no document attached. (jmp, ) (Entered: 03/28/2008)

03/28/2008 03/28/2008 03/31/2008
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03/31/2008 03/31/2008

279 MINUTE ORDER granting 271 Defendant Mary Cleary, R.N.s Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs Corrected Amended Complaint. Mary (I) Cleary answer due 3/31/2008; Mary Cleary answer due 3/31/2008, by Magistrate Judge Boyd N. Boland on 3/28/08.(jmp, ) (Entered: 03/28/2008)
280 Unopposed MOTION for Extension of Time to File Answer re 258 Amended Complaint by Defendants Denver, City and County of, Jacob (I) Kopylov, Jacob Kopylov, John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Rastede, Hans Rastede, Richard (I) Roberson, Richard Roberson, Karolina (I) Sich, Karolina Sich, Anthony (I) Sullivan, Anthony Sullivan. (Attachments: # 1 Proposed Order (PDF Only))(Corchado, Luis) (Entered: 03/28/2008)
281 MEMORANDUM regarding 280 Unopposed MOTION for Extension of Time to File Answer re 258 Amended Complaint filed by Anthony (I) Sullivan, Denver, City and County of, Richard Roberson, Karolina Sich, Anthony Sullivan, John Riordon, Hans Rastede, Jacob Kopylov, Karolina (I) Sich, John (I) Riordon, Hans (I) Rastede, Jacob (I) Kopylov, Loren (I) Collier, Loren Collier, Richard (I) Roberson. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 3/31/08. (Text Only Entry − No Document Attached)(msksec, ) Modified on 4/2/2008 to remove system duplicated text(jmp, ). (Entered: 03/31/2008)
282 NOTICE of Entry of Appearance by Gillian Marie Fahlsing on behalf of Sarah (I) Bright, Sarah Bright (Fahlsing, Gillian) (Entered: 03/31/2008)
283 NOTICE of Entry of Appearance by Thomas Sullivan Rice on behalf of Sarah (I) Bright, Sarah Bright (Rice, Thomas) (Entered: 03/31/2008)
284 Stipulated MOTION for Costs for Service of Process by Defendant Denver, City and County of. (Attachments: # 1 Proposed Order (PDF Only) Order Upon Stipulation Regarding Costs For Service of Process)(Corchado, Luis) (Entered: 03/31/2008)
285 MINUTE ORDER granting 280 Unopposed Motion for Extension of Time to File Amended Answer on Behalf of Defendants Kopylov, Riordon, Collier, Rastede, Roberson, Sich, Sullivan, and City and County of Denver. Denver, City and County of answer due 3/31/2008; Jacob (I) Kopylov answer due 3/31/2008; Jacob Kopylov answer due 3/31/2008; John (I) Riordon answer due 3/31/2008; John Riordon answer due 3/31/2008; Loren (I) Collier answer due 3/31/2008; Loren Collier answer due 3/31/2008; Hans (I) Rastede answer due 3/31/2008; Richard (I) Roberson answer due 3/31/2008; Richard Roberson answer due 3/31/2008; Karolina (I) Sich answer due 3/31/2008; Karolina Sich answer due 3/31/2008; Anthony (I) Sullivan answer due 3/31/2008; Anthony Sullivan answer due 3/31/2008, by Magistrate Judge Boyd N. Boland on 3/31/08.(jmp, ) (Entered: 03/31/2008)
286 MOTION to Withdraw as Attorney by Defendant Sarah (I) Bright. (Attachments: # 1 Proposed Order (PDF Only) Order Granting Motion to Withdraw as Counsel)(Foster, Daniel) (Entered: 03/31/2008)
287 Defendant Mary Cleary, R.N.'s ANSWER to 258 Amended Complaint (Corrected) by Mary (I) Cleary, Mary Cleary.(Kresl, Thomas) (Entered: 03/31/2008)

03/31/2008 03/31/2008 03/31/2008
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288 MOTION to Dismiss Plaintiffs' Fourth Claim for Relief by Defendants Nancye (I) Zimmer, Nancye Zimmer. (Cipoletti, Terry) (Entered: 03/31/2008)
289 Partial ANSWER to 258 Amended Complaint , and Jury Demand by Nancye (I) Zimmer, Nancye Zimmer.(Cipoletti, Terry) (Entered: 03/31/2008)
290 ANSWER to 258 Amended Complaint and Jury Demand (Corrected) by Denver, City and County of, Jacob (I) Kopylov, Jacob Kopylov, John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Rastede, Hans Rastede, Richard (I) Roberson, Richard Roberson, Karolina (I) Sich, Karolina Sich, Anthony (I) Sullivan, Anthony Sullivan.(Corchado, Luis) (Entered: 03/31/2008)
291 MEMORANDUM regarding 286 MOTION to Withdraw as Attorney filed by Sarah (I) Bright. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 4/1/08. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 04/01/2008)
292 MINUTE ORDER granting 286 Motion to Withdraw as Counsel. Attorney Daniel Seth Foster terminated, by Magistrate Judge Boyd N. Boland on 4/1/08.(jmp, ) (Entered: 04/01/2008)
293 Docket Annotation re: 281 Memorandum. This docket entry was modified to remove system duplicated text. Text only entry − no document attached (jmp, ) (Entered: 04/02/2008)
294 Unopposed MOTION for Extension of Time to File Response/Reply as to 236 Joint MOTION for Protective Order to Prohibit Discovery Regarding Personal, Confidential, and Non−Relevant Information by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Proposed Order (PDF Only))(Rich, Sara) (Entered: 04/02/2008)
295 MEMORANDUM regarding 294 Unopposed MOTION for Extension of Time to File Response/Reply as to 236 Joint MOTION for Protective Order to Prohibit Discovery Regarding Personal, Confidential, and Non−Relevant Information filed by Roy Rice, Estate of Emily Rice, Susan Garber. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 4/2/08. (Text Only Entry − No Document Attached)(msksec, ) Modified on 4/4/2008 to remove system duplicated text(jmp, ). (Entered: 04/02/2008)
296 MINUTE ORDER granting 294 Unopposed MOTION for Extension of Time to File Response/Reply as to 236 Joint MOTION for Protective Order to Prohibit Discovery Regarding Personal, Confidential, and Non−Relevant Information. Responses due by 4/7/2008, by Magistrate Judge Boyd N. Boland on 4/3/08.(jmp, ) (Entered: 04/03/2008)
297 Docket Annotation re: 295 Memorandum. This docket entry was modified to remove system duplicated text. Text only entry − no document attached (jmp, ) (Entered: 04/04/2008)
298 MEMORANDUM regarding 284 Stipulated MOTION for Costs for Service of Process filed by Denver, City and County of. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 4/4/08. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 04/04/2008)
299 RESPONSE to Motion re 236 Joint MOTION for Protective Order to Prohibit Discovery Regarding Personal, Confidential, and Non−Relevant Information filed by Plaintiffs Roy Rice,

04/08/2008
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04/21/2008 04/22/2008 04/22/2008

Estate of Emily Rice, Susan Garber. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Killmer, Darold) (Entered: 04/07/2008)
300 ORDER declaring as moot 284 Defendant Sarah Bright's Motion to Dismiss and agrees to submit to the jurisdiction of this court. Defendant Sarah Bright has up to and including 4/22/08 to file an Answer to the Plaintiff's Amended Complaint and Defendant City and County of Denver will pay $2,500 pursuant to Rule 4(d)(2) towards the costs and fees incurred to serve Sarah Bright. Plaintiff's reserve the right to seek the additional $3,116 sought in its Motion for fees at the conclusion of this matter and to the extent permitted by law. Signed by Magistrate Judge Boyd N. Boland on 4/08/08.(jmp, ) (Entered: 04/09/2008)
301 Utility Setting/Resetting Deadlines/Hearings: Sarah (I) Bright answer due 4/22/2008; Sarah Bright answer due 4/22/2008. Pursuant to Order filed on 4/8/08. Text only entry − no document attached. (pap2, ) (Entered: 04/11/2008)
302 RESPONSE to Motion re 251 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Exhibit 1, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5)(Killmer, Darold) (Entered: 04/14/2008)
303 Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. ORDERED:Law Enforcement defendants joint motion for protective order to prohibit discovery regarding personal, confidential, and non relevant information filed March 13, 2008; Doc. 236 is taken under advisement as stated on the record. Motion Hearing held on 4/15/2008. (Court Reporter FTR−G.Mattei.) (bnbcd, ) (Entered: 04/15/2008)
304 Unopposed MOTION for Extension of Time to File Response/Reply as to 264 MOTION to Dismiss by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Proposed Order (PDF Only))(Rich, Sara) (Entered: 04/15/2008)
305 ORDER granting 304 Unopposed Motion for Extension of Time to File Response/Reply to Motion to Dismiss. An extension is GRANTED up to and including APRIL 22, 2008. As the Court's Practice Standards advise, by seeking additional time to brief this matter, the parties consume time that the Court has set aside for consideration of the motion, and thus, extensions of established briefing scheduling may result in the Court being unable to determine the matter prior to the Final Pretrial Conference. See MSK Practice Standards (Civil), § II.G, by Judge Marcia S. Krieger on 4/15/08.(Text Entry Only − No Document Attached)(msksec, ) (Entered: 04/15/2008)
306 RESPONSE to Motion re 288 MOTION to Dismiss Plaintiffs' Fourth Claim for Relief filed by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Killmer, Darold) (Entered: 04/21/2008)
307 ANSWER to 258 Amended Complaint by Sarah (I) Bright, Sarah Bright.(Fahlsing, Gillian) (Entered: 04/22/2008)
308 RESPONSE to Motion re 264 MOTION to Dismiss filed by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber.

04/24/2008 04/24/2008 04/24/2008 04/25/2008 04/28/2008 04/29/2008
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05/05/2008 05/06/2008

(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Killmer, Darold) (Entered: 04/22/2008)
309 MOTION to Dismiss by Defendant Wendy Jo Anderson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Yun, David) (Entered: 04/24/2008)
310 MOTION to Stay Discovery Pending the Determination of Qualified Immunity by Defendant Wendy Jo Anderson. (Attachments: # 1 Exhibit A)(Yun, David) (Modified on 5/27/2008 to reactivate as termed in error)(pap2, ). (Entered: 04/24/2008)
311 MEMORANDUM regarding 310 MOTION to Stay Discovery Pending the Determination of Qualified Immunity filed by Wendy Jo Anderson. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 4/24/08. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 04/24/2008)
312 REPLY to Response to Motion re 251 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Defendant Jason (I) Haukoos. (Attachments: # 1 Westlaw Case Attachment)(Nixon, Scott) (Entered: 04/25/2008)
313 Unopposed MOTION For Extension of Time to Submit A Motion Regarding Confidentiality Pursuant to Protective Order by Defendant Denver, City and County of. (Attachments: # 1 Proposed Order (PDF Only))(Corchado, Luis) (Entered: 04/28/2008)
314 MEMORANDUM regarding 313 Unopposed MOTION For Extension of Time to Submit A Motion Regarding Confidentiality Pursuant to Protective Order filed by Denver, City and County of. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 4/29/08. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 04/29/2008)
315 ORDER granting 313 Unopposed Motion for an Extension of Time to Submit a Motion Pursuant to Protective Order. Signed by Magistrate Judge Boyd N. Boland on 04/30/08.(jmp, ) (Entered: 05/01/2008)
316 Minute ORDER Setting Hearing on Defendant Anderson's 310 MOTION to Stay Discovery Pending the Determination of Qualified Immunity: Motion Hearing set for 5/30/2008 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Parties to respond to motion on or before 5/15/08, by Magistrate Judge Boyd N. Boland on 5/2/08. (gmssl, ) (Entered: 05/02/2008)
317 REPLY to Response to Motion re 264 MOTION to Dismiss filed by Defendants Lisa (I) Cheng, Lisa Cheng. (Attachments: # 1 Exhibit Supreme Court Opinion)(Geraghty, Jerome) (Entered: 05/05/2008)
318 TRANSCRIPT of Motion Hearing held on 3−27−08 before Magistrate Judge Boland. Pages: 1−22. Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital−audio taped record, the courtroom deputy for the judicial officer. (Avery Woods Reporting, ) (Entered: 05/06/2008)

05/09/2008 05/13/2008 05/14/2008 05/14/2008 05/15/2008
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319 REPLY to Response to Motion re 288 MOTION to Dismiss Plaintiffs' Fourth Claim for Relief filed by Defendants Nancye (I) Zimmer, Nancye Zimmer. (Cipoletti, Terry) (Entered: 05/09/2008)
320 SUPPLEMENT/AMENDMENT to 302 Response to Motion, to Dismiss Plaintiffs' Amended Complaint and Brief in Support Thereof by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Killmer, Darold) (Entered: 05/13/2008)
321 Unopposed MOTION for Extension of Time to File Response/Reply as to 309 MOTION to Dismiss by Plaintiff Roy Rice. (Attachments: # 1 Proposed Order (PDF Only))(Newman, Mari) (Entered: 05/14/2008)
322 Unopposed MOTION for Extension of Time to File Response/Reply as to 310 MOTION to Stay Discovery Pending the Determination of Qualified Immunity by Plaintiff Roy Rice. (Attachments: # 1 Proposed Order (PDF Only))(Newman, Mari) (Entered: 05/14/2008)
323 ORDER granting 321 Unopposed Motion for Extension of Time to File Response/Reply to the Motion to Dismiss (#309). An extension is granted up to and including JUNE 2, 2008. As the Court's Practice Standards advise, by seeking additional time to brief this matter, the parties consume time that the Court has set aside for consideration of the motion, and thus, extensions of established briefing scheduling may result in the Court being unable to determine the matter prior to the Final Pretrial Conference. See MSK Practice Standards (Civil), §II.G., by Judge Marcia S. Krieger on 5/15/08. (Text Entry Only − No Document Attached)(msksec, ) (Entered: 05/15/2008)
324 MEMORANDUM regarding 322 Unopposed MOTION for Extension of Time to File Response/Reply as to 310 MOTION to Stay Discovery Pending the Determination of Qualified Immunity filed by Roy Rice. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 5/15/08.(Text Only Entry − No Document Attached) (msksec, ) (Entered: 05/15/2008)
325 MINUTE ORDER Granting 322 Plaintiffs Unopposed Motion for Extension of Time to Respond to Defendant Wendy Anderson, R.N.s Motion to Stay Discovery Pending the Determination of Qualified Immunity. Plaintiff shall respond to the Motion by 5/27/08, by Magistrate Judge Boyd N. Boland on 5/15/08.(jmp, ) (Modified on 5/27/2008 create linkage to correct motion and delete linkage to motion to stay) (pap2, ). (Entered: 05/15/2008)
326 TRANSCRIPT of Motions Hearing held on 4−15−08 before Magistrate Judge Boland. Pages: 1−57. Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital−audio taped record, the courtroom deputy for the judicial officer. (Avery Woods Reporting, ) (Entered: 05/16/2008)
327 First MOTION to Withdraw Document re 311 Memorandum, by Defendant Wendy Jo Anderson. (Yun, David) (Entered: 05/27/2008)
328 Docket Annotation re: 325 Order on Motion for Extension of Time to Respond. Entry modified to delete linkage to Motion to Stay and create linkage to Motion for Extension of Time.

05/27/2008 05/28/2008
05/28/2008
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Text only entry − no document attached (pap2, ) (Entered: 05/27/2008)
329 ORDER denying 236 Law Enforcement Defendants Joint Motion for Protective Order to Prohibit Discovery Regarding Personal, Confidential, and Non−Relevant Information. Signed by Magistrate Judge Boyd N. Boland on 5/27/08.(jmp, ) (Entered: 05/27/2008)
330 Joint MOTION for Order to Stay Effect of Order Denying Law Enforcement Defendants' 236 Joint Motion for Protective Order to Prohibit Discovery Regarding Personal, Confidential, and Non−Relevant Information by Defendants Denver, City and County of, Jacob (I) Kopylov, Jacob Kopylov, John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Rastede, Hans Rastede, Richard (I) Roberson, Richard Roberson, Karolina (I) Sich, Karolina Sich, Anthony (I) Sullivan, Anthony Sullivan, Keri (I) Adcock, Keri Adcock, Julianna (I) Barron, Julianna Barron, Sarah (I) Bright, Sarah Bright, Lakisha (I) Minter, Lakisha Minter, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Julie (I) Kirkbride, Julie Kirkbride, Michelle (I) Salemi, Michelle Salemi, Jessica (I) Wanrow, Jessica Wanrow. (Rice, Thomas) Modified on 5/30/2008 to create linkage(jmp, ). (Entered: 05/28/2008)
331 MEMORANDUM regarding 330 Joint MOTION for Order to Stay Effect of Order Denying Law Enforcement Defendants' 236 Joint Motion for Protective Order to Prohibit Discovery Regarding Personal, Confidential, and Non−Relevant Information filed by Julianna (I) Barron, Julie (I) Kirkbride, Michelle Salemi, Loren (I) Collier, Loren Collier, Keri Adcock, Jessica Wanrow, Michelle (I) Salemi, Amanda Line, Faun Gomez, Jacob Kopylov, John (I) Riordon, Karolina (I) Sich, Shermaine (I) Guzman, Denver, City and County of, Amanda (I) Line, Karolina Sich, Keri (I) Adcock, Anthony Sullivan, John Riordon, Sarah (I) Bright, Lakisha (I) Minter, Jacob (I) Kopylov, Lakisha Minter, Jessica (I) Wanrow, Faun (I) Gomez, Anthony (I) Sullivan, Sarah Bright, Shermaine Guzman, Richard Roberson, Julie Kirkbride, Hans Rastede, Hans (I) Rastede, Julianna Barron, Richard (I) Roberson. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 5/28/08. (Text Only Entry − No Document Attached)(msksec, ) Modified on 5/30/2008 to remove system duplicated text (jmp, ). (Entered: 05/28/2008)
332 MINUTE ORDER granting 327 Defendant Wendy Anderson, R.N.s Motion to Withdraw her Motion to Stay Discovery Pending the Determination of Qualified Immunityand to Vacate the Hearing Scheduled for May 30, 2008. The hearing set for 5/30/08, is VACATED. Denying as moot 310 Motion to Stay Discovery Pending the Determination of Qualified Immunity, by Magistrate Judge Boyd N. Boland on 5/28/08.(jmp, ) Modified on 5/30/2008 to indicate ruling on motion(jmp, ). (Entered: 05/28/2008)
333 NOTICE OF FIRM NAME CHANGE by Defendants Mary (I) Cleary, Mary Cleary (Kresl, Thomas) (Entered: 05/29/2008)
334 MINUTE ORDER granting 142 Law Enforcement Defendants Unopposed Motion for Extension of Time to Submit Written Discovery Responses, by Magistrate Judge Boyd N. Boland on 5/29/08.(jmp, ) (Entered: 05/29/2008)
335 Docket Annotation re: 330 Joint MOTION for Order to Stay Effect of Order Denying Law Enforcement Defendants' 236

05/30/2008 05/30/2008 05/30/2008 06/02/2008 06/02/2008 06/09/2008 06/09/2008
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Joint Motion for Protective Order to Prohibit Discovery Regarding Personal, Confidential, and Non−Relevant Information. This docket entry was modified to create linkage. Text only entry − no document attached (jmp, ) (Entered: 05/30/2008)
336 Docket Annotation re: 331 Memorandum. This docket entry was modified to remove system duplicated text. Text only entry − no document attached (jmp, ) (Entered: 05/30/2008)
337 Docket Annotation re: 332 Minute Order. This docket entry was modified to indicate ruling on motion. Text only entry − no document attached (jmp, ) (Entered: 05/30/2008)
338 NOTICE of Settlement with Respect to Defendants Denver Health, Jason Haukoos, M.D., Lisa Cheng, M.D., Wendy Jo Anderson, R.N., Robert Kelly Costin, R.N., Maria Bouziane, R.N., Mary Cleary, R.N. and Nancye Zimmer, R.N. Only by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber (Newman, Mari) (Entered: 05/30/2008)
339 NOTICE of Entry of Appearance by Andrew David Ringel on behalf of Karolina (I) Sich, Karolina Sich (Ringel, Andrew) (Entered: 06/02/2008)
340 STATEMENT re 108 Protective Order − Agreement to Abide by Stipulation and Protective Order by Defendants Karolina (I) Sich, Karolina Sich. (Ringel, Andrew) (Entered: 06/02/2008)
341 MOTION to Dismiss Party (Medical Defendants Only) by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Proposed Order (PDF Only))(Newman, Mari) (Entered: 06/09/2008)
342 ORDER granting 341 Plaintiffs Motion for Dismissal of Plaintiffs Claims Against the Medical Defendants with Prejudice. Party Maria Bouziane; Maria (I) Bouziane; Lisa Cheng; Lisa (I) Cheng; Mary Cleary; Mary (I) Cleary; Robert Kelly Costin; Robert (I) Kelly Costin; Denver Department of Health and Hospitals; Jason Haukoos; Jason (I) Haukoos; Nancye Zimmer; Nancye (I) Zimmer; Wendy Jo Anderson and Wendy (I) Jo Anderson terminated. Each of those claims is hereby dismissed against the Medical Defendants with prejudice, each party to pay their own attorney's fees and costs. Signed by Judge Marcia S. Krieger on 6/09/08.(jmp, ) (Entered: 06/09/2008)
343 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 329 Order on Motion for Protective Order by Defendants Denver, City and County of, Jacob (I) Kopylov, Jacob Kopylov, John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Rastede, Hans Rastede, Richard (I) Roberson, Richard Roberson, Karolina (I) Sich, Karolina Sich, Anthony (I) Sullivan, Anthony Sullivan, Keri (I) Adcock, Keri Adcock, Julianna (I) Barron, Julianna Barron, Sarah (I) Bright, Sarah Bright, Lakisha (I) Minter, Lakisha Minter, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Julie (I) Kirkbride, Julie Kirkbride, Michelle (I) Salemi, Michelle Salemi, Jessica (I) Wanrow, Jessica Wanrow (Attachments: # 1 Exhibit A−1, Part 1 of 3, # 2 Exhibit A−1, Part 2 of 3, # 3 Exhibit A−1, Part 3 of 3, # 4 Exhibit A−2)(Fahlsing, Gillian) (Entered: 06/10/2008)
344 ORDER denying Law Enforcement Defendants' Joint 330 Motion for Order to Stay Effect of Order. Signed by Magistrate Judge Boyd N. Boland on 6/13/08.(gmssl, ) (Entered:

06/17/2008 06/18/2008 06/18/2008 06/23/2008
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06/16/2008)
345 Joint MOTION for Order to Stay Effect of Magistrate Judge Boland's Order Denying Law Enforcement Defendants Joint Motion for Protective Order to Prohibit Discovery Regarding Personal, Confidential, and Non−Relevant Information by Defendants (Greer, Cathy) Modified on 6/18/2008 to add filers(jmp, ). (Entered: 06/17/2008)
346 MEMORANDUM regarding 345 Joint MOTION for Order to Stay Effect of Magistrate Judge Boland's Order Denying Law Enforcement Defendants Joint Motion for Protective Order to Prohibit Discovery Regarding Personal, Confidential, and Non−Relevant Information filed by Julianna (I) Barron, Julianna Barron, Julie Kirkbride, Julie (I) Kirkbride. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 6/18/08. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 06/18/2008)
347 Docket Annotation re: 345 Joint MOTION for Order to Stay Effect of Magistrate Judge Boland's Order Denying Law Enforcement Defendants Joint Motion for Protective Order to Prohibit Discovery Regarding Personal, Confidential, and Non−Relevant Information. This docket entry was modified to add filers. Text only entry − no document attached (jmp, ) (Entered: 06/18/2008)
348 Joint MOTION for Reconsideration re 346 Memorandum, Order of Reference by Defendants Denver, City and County of, Jacob (I) Kopylov, Jacob Kopylov, John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Rastede, Hans Rastede, Richard (I) Roberson, Richard Roberson, Karolina (I) Sich, Karolina Sich, Anthony (I) Sullivan, Anthony Sullivan, Keri (I) Adcock, Keri Adcock, Julianna (I) Barron, Julianna Barron, Sarah (I) Bright, Sarah Bright, Lakisha (I) Minter, Lakisha Minter, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Julie (I) Kirkbride, Julie Kirkbride, Michelle (I) Salemi, Michelle Salemi, Jessica (I) Wanrow, Jessica Wanrow. (McCutcheon, Sarah) (Entered: 06/23/2008)
349 ORDER finding as moot 348 Motion for Reconsideration re 346 Memorandum. Motion No Longer Referred as of June 19, 2008, by Judge Marcia S. Krieger on 6/24/08. (Text Entry Only − No Document Attached)(msksec, ) (Entered: 06/24/2008)
350 Unopposed MOTION for Extension of Time to File Response/Reply as to 343 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 329 Order on Motion for Protective Order by Defendants Denver, City and County of, Jacob (I) Kopylov, Jacob Kopylov, John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Rastede by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order Regarding Response to Objection to Order Regarding Motion for Protective Order)(Rich, Sara) Modified on 6/30/2008 to delete generated text (ecm2, ). (Entered: 06/27/2008)
351 ORDER granting 350 Unopposed Motion for Extension of Time to File Response/Reply to the Appeal of the Magistrate Judge's Decision at #343. An extension is granted up to and including July 7, 2008, by Judge Marcia S. Krieger on 6/30/08. (Text Entry Only − No Document Attached)(msksec, ) (Entered: 06/30/2008)

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352 Docket Annotation re: 350 Unopposed MOTION for Extension of Time to File Response/Reply; Modified to delete system generated text. Text only entry − no document attached (ecmsl, ) (Entered: 06/30/2008)
353 MOTION For Extension of Time to Obtain Certificate of Review and LCivR 7.1 Certificate of Conferral by Defendants Julianna (I) Barron, Julianna Barron, Julie (I) Kirkbride, Julie Kirkbride. (Attachments: # 1 Proposed Order (PDF Only))(Greer, Cathy) Modified on 7/3/2008 to add filers(jmp, ). (Entered: 07/01/2008)
354 NOTICE of Designation of Nonparties at Fault by Defendants Julianna (I) Barron, Julianna Barron, Julie (I) Kirkbride, Julie Kirkbride (Greer, Cathy) Modified on 7/3/2008 to add filers(jmp, ). (Entered: 07/01/2008)
355 MEMORANDUM regarding 353 MOTION For Extension of Time to Obtain Certificate of Review and LCivR 7.1 Certificate of Conferral filed by Julianna (I) Barron, Julianna Barron, Julie Kirkbride, Julie (I) Kirkbride. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 7/1/08. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 07/01/2008)
356 Docket Annotation re: 353 MOTION For Extension of Time to Obtain Certificate of Review and LCivR 7.1 Certificate of Conferral. This docket entry was modified to add filers. Text only entry − no document attached (jmp, ) (Entered: 07/03/2008)
357 Docket Annotation re: 354 Notice (Other). This docket entry was modified to add filers. Text only entry − no document attached (jmp, ) (Entered: 07/03/2008)
358 ORDER granting 353 Motion for Extension of Time to Obtain Certificate of Review and LcivR 7.1 Certificate of Conferral. The Law Enforcement Defendants may have until 8/1/08, within which to file any necessary certificate of review. Signed by Magistrate Judge Boyd N. Boland on 7/07/08.(jmp, ) (Entered: 07/07/2008)
359 RESPONSE to objection to 343 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 329 Order on Motion for Protective Order by Defendants Denver, City and County of, Jacob (I) Kopylov, Jacob Kopylov, John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Ra filed by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Newman, Mari) Modified on 7/9/2008 to remove system duplicated text(jmp, ). (Entered: 07/07/2008)
360 Docket Annotation re: 359 Response to Objection to Appeal of Magistrate Judge Decision. This docket entry was modified to remove system duplicated text. Text only entry − no document attached (jmp, ) (Entered: 07/09/2008)
361 Joint MOTION to Amend/Correct/Modify 106 Scheduling Order by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber, Defendants Denver, City and County of, Jacob (I) Kopylov, Jacob Kopylov, John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Rastede, Hans Rastede, Richard (I) Roberson, Richard Roberson, Karolina (I) Sich, Karolina Sich, Anthony (I) Sullivan, Anthony Sullivan, Keri (I) Adcock, Keri Adcock, Julianna (I) Barron, Julianna Barron, Sarah (I) Bright, Sarah Bright, Lakisha (I) Minter, Lakisha Minter, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line,

07/14/2008
07/16/2008 07/16/2008 07/17/2008 07/31/2008 08/01/2008 08/01/2008

Julie (I) Kirkbride, Julie Kirkbride, Michelle (I) Salemi, Michelle Salemi, Jessica (I) Wanrow, Jessica Wanrow. (Attachments: # 1 Proposed Order (PDF Only))(Newman, Mari) (Entered: 07/14/2008)
362 MEMORANDUM regarding 361 Joint MOTION to Amend/Correct/Modify 106 Scheduling Order filed by Julianna (I) Barron, Julie (I) Kirkbride, Michelle Salemi, Susan Garber, Loren (I) Collier, Loren Collier, Keri Adcock, Jessica Wanrow, Michelle (I) Salemi, Amanda Line, Faun Gomez, Roy Rice, Jacob Kopylov, John (I) Riordon, Karolina (I) Sich, Shermaine (I) Guzman, Denver, City and County of, Amanda (I) Line, Karolina Sich, Keri (I) Adcock, Anthony Sullivan, John Riordon, Sarah (I) Bright, Lakisha (I) Minter, Jacob (I) Kopylov, Lakisha Minter, Jessica (I) Wanrow, Faun (I) Gomez, Anthony (I) Sullivan, Sarah Bright, Shermaine Guzman, Richard Roberson, Julie Kirkbride, Hans Rastede, Hans (I) Rastede, Julianna Barron, Estate of Emily Rice, Richard (I) Roberson. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 7/14/08. (Text Only Entry − No Document Attached)(msksec, ) Modified on 7/16/2008 to remove system duplicated text(jmp, ). (Entered: 07/14/2008)
363 ORDER AFFIRMING MAGISTRATE JUDGE'S ORDER, AND DENYING MOTION TO STAY, AS MOOT: denying 343 APPEAL OF MAGISTRATE JUDGE DECISION to District Court; denying 345 Motion for Order to Stay as moot. Signed by Judge Marcia S. Krieger on 7/16/08.(msksec, ) (Entered: 07/16/2008)
364 Docket Annotation re: 362 Memorandum. This docket entry was modified to remove system duplicated text. Text only entry − no document attached (jmp, ) (Entered: 07/16/2008)
365 ORDER denying 361 Joint Motion to Modify Scheduling Order. Signed by Magistrate Judge Boyd N. Boland on 7/17/08.(jmp, ) (Entered: 07/17/2008)
366 MOTION to Amend/Correct/Modify 106 Scheduling Order Limited to Expert Witness Disclosure Deadlines Only by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Proposed Order (PDF Only))(Newman, Mari) (Entered: 07/31/2008)
367 MEMORANDUM regarding 366 MOTION to Amend/Correct/Modify 106 Scheduling Order Limited to Expert Witness Disclosure Deadlines Only filed by Roy Rice, Estate of Emily Rice, Susan Garber. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 8/1/08. (Text Only Entry − No Document Attached)(msksec, ) Modified on 8/4/2008 to remove system duplicate text.(jmp, ). (Entered: 08/01/2008)
368 CERTIFICATE OF REVIEW by Defendants Denver, City and County of, Jacob (I) Kopylov, Jacob Kopylov, John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Rastede, Hans Rastede, Richard (I) Roberson, Richard Roberson, Karolina (I) Sich, Karolina Sich, Anthony (I) Sullivan, Anthony Sullivan, Keri (I) Adcock, Keri Adcock, Julianna (I) Barron, Julianna Barron, Sarah (I) Bright, Sarah Bright, Lakisha (I) Minter, Lakisha Minter, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Julie (I) Kirkbride, Julie Kirkbride, Michelle (I) Salemi, Michelle Salemi, Jessica (I)

08/04/2008 08/05/2008 08/13/2008 08/13/2008
08/15/2008
08/15/2008

Wanrow, Jessica Wanrow. (Greer, Cathy) (Entered: 08/01/2008)
369 Docket Annotation re: 367 Memorandum. This docket entry was modified to remove system duplicate text. Text only entry − no document attached (jmp, ) (Entered: 08/04/2008)
370 MINUTE ORDER re: 366 MOTION to Amend/Correct/Modify 106 Scheduling Order Limited to Expert Witness Disclosure Deadlines Only filed by Roy Rice, Estate of Emily Rice, Susan Garber. Defendants shall respond to the Motion by 8/15/08. Motion Hearing set for 8/19/2008 01:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 8/05/08. (jmp, ) (Entered: 08/05/2008)
371 MINUTE ORDER: Motion Hearing set for 8/19/08 is VACATED and RESET for 9/19/2008 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 8/13/08. (jmpsl, ) (Entered: 08/13/2008)
372 Stipulated MOTION to Amend/Correct/Modify Caption by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber, Defendants Denver, City and County of, Jacob (I) Kopylov, Jacob Kopylov, John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Rastede, Hans Rastede, Richard (I) Roberson, Richard Roberson, Karolina (I) Sich, Karolina Sich, Anthony (I) Sullivan, Anthony Sullivan, Keri (I) Adcock, Keri Adcock, Julianna (I) Barron, Julianna Barron, Sarah (I) Bright, Sarah Bright, Lakisha (I) Minter, Lakisha Minter, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Julie (I) Kirkbride, Julie Kirkbride, Michelle (I) Salemi, Michelle Salemi, Jessica (I) Wanrow, Jessica Wanrow. (Attachments: # 1 Proposed Order (PDF Only))(Fahlsing, Gillian) (Entered: 08/13/2008)
373 RESPONSE to Motion re 366 MOTION to Amend/Correct/Modify 106 Scheduling Order Limited to Expert Witness Disclosure Deadlines Only filed by Defendants Denver, City and County of, Jacob (I) Kopylov, Jacob Kopylov, John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Rastede, Hans Rastede, Richard (I) Roberson, Richard Roberson, Karolina (I) Sich, Karolina Sich, Anthony (I) Sullivan, Anthony Sullivan, Keri (I) Adcock, Keri Adcock, Julianna (I) Barron, Julianna Barron, Sarah (I) Bright, Sarah Bright, Lakisha (I) Minter, Lakisha Minter, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Julie (I) Kirkbride, Julie Kirkbride, Michelle (I) Salemi, Michelle Salemi, Jessica (I) Wanrow, Jessica Wanrow. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Greer, Cathy) Modified on 8/20/2008 to remove system duplicate text(jmp, ). (Entered: 08/15/2008)
374 MOTION for Hearing/Conference or Determination in Re: Plaintiffs' Limited Motion to Modify Scheduling Order With Respect to Expert Witness Disclosure Deadline Only by Defendants Denver, City and County of, Jacob (I) Kopylov, Jacob Kopylov, John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Rastede, Hans Rastede, Richard (I) Roberson, Richard Roberson, Karolina (I) Sich, Karolina Sich, Anthony (I) Sullivan, Anthony Sullivan, Keri (I) Adcock, Keri Adcock, Julianna (I) Barron, Julianna Barron, Sarah (I) Bright, Sarah Bright, Lakisha (I) Minter, Lakisha Minter, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman,

08/15/2008 08/15/2008
08/15/2008 08/20/2008 08/22/2008

Shermaine Guzman, Amanda (I) Line, Amanda Line, Julie (I) Kirkbride, Julie Kirkbride, Michelle (I) Salemi, Michelle Salemi, Jessica (I) Wanrow, Jessica Wanrow. (Rice, Thomas) (Entered: 08/15/2008)
375 Unopposed MOTION For Extension of Time by Defendants Denver, City and County of, Jacob (I) Kopylov, Jacob Kopylov, John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Rastede, Hans Rastede, Richard (I) Roberson, Richard Roberson, Karolina (I) Sich, Karolina Sich, Anthony (I) Sullivan, Anthony Sullivan, Keri (I) Adcock, Keri Adcock, Julianna (I) Barron, Julianna Barron, Sarah (I) Bright, Sarah Bright, Lakisha (I) Minter, Lakisha Minter, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Julie (I) Kirkbride, Julie Kirkbride, Michelle (I) Salemi, Michelle Salemi, Jessica (I) Wanrow, Jessica Wanrow. (Attachments: # 1 Proposed Order (PDF Only))(Greer, Cathy) (Entered: 08/15/2008)
376 MEMORANDUM regarding 374 MOTION for Hearing/Conference or Determination in Re: Plaintiffs' Limited Motion to Modify Scheduling Order With Respect to Expert Witness Disclosure Deadline Only filed by Julianna (I) Barron, Julie (I) Kirkbride, Michelle Salemi, Loren (I) Collier, Loren Collier, Keri Adcock, Jessica Wanrow, Michelle (I) Salemi, Amanda Line, Faun Gomez, Jacob Kopylov, John (I) Riordon, Karolina (I) Sich, Shermaine (I) Guzman, Denver, City and County of, Amanda (I) Line, Karolina Sich, Keri (I) Adcock, Anthony Sullivan, John Riordon, Sarah (I) Bright, Lakisha (I) Minter, Jacob (I) Kopylov, Lakisha Minter, Jessica (I) Wanrow, Faun (I) Gomez, Anthony (I) Sullivan, Sarah Bright, Shermaine Guzman, Richard Roberson, Julie Kirkbride, Hans Rastede, Hans (I) Rastede, Julianna Barron, Richard (I) Roberson. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 8/15/08. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 08/15/2008)
377 MEMORANDUM regarding 375 Unopposed MOTION For Extension of Time filed by Julianna (I) Barron, Julie (I) Kirkbride, Michelle Salemi, Loren (I) Collier, Loren Collier, Keri Adcock, Jessica Wanrow, Michelle (I) Salemi, Amanda Line, Faun Gomez, Jacob Kopylov, John (I) Riordon, Karolina (I) Sich, Shermaine (I) Guzman, Denver, City and County of, Amanda (I) Line, Karolina Sich, Keri (I) Adcock, Anthony Sullivan, John Riordon, Sarah (I) Bright, Lakisha (I) Minter, Jacob (I) Kopylov, Lakisha Minter, Jessica (I) Wanrow, Faun (I) Gomez, Anthony (I) Sullivan, Sarah Bright, Shermaine Guzman, Richard Roberson, Julie Kirkbride, Hans Rastede, Hans (I) Rastede, Julianna Barron, Richard (I) Roberson. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 8/15/08. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 08/15/2008)
378 Docket Annotation re: 373 Response to Motion. This docket entry was modified to remove system duplicate text. Text only entry − no document attached (jmp, ) (Entered: 08/20/2008)
379 ORDER granting in part and denying in part 366 Plaintiffs Limited Motion to Modify Scheduling Order With Respect to Expert Witness Disclosure Deadlines Only; granting 374 Law Enforcement Defendants Motion for Expedited Hearing or Determination In Re: Plaintiffs Limited Motion to Modify Scheduling Order With Respect to Expert Witness Disclosure Deadline Only; granting in part and denying in part 375 Law Enforcement Defendants Unopposed Motion for Extension of

08/22/2008 08/25/2008 08/29/2008 08/29/2008 08/29/2008 08/29/2008 08/29/2008
08/29/2008 09/29/2008 10/16/2008
10/17/2008

Time for Defendants Expert Witness Disclosure Deadline. Discovery deadline 1/08/09; Dispositive Motions Deadline 1/08/09. Signed by Magistrate Judge Boyd N. Boland on 8/22/08.(jmpsl, ) (Entered: 08/22/2008)
380 Utility Setting/Resetting Deadlines/Hearings: Discovery due by 1/8/2009. Dispositive Motions due by 1/8/2009, pursuant to Order of 8/22/08. Text only entry − no document attached. (jmpsl, ) (Entered: 08/22/2008)
381 MINUTE ORDER: The Motion Hearing set for 9/19/08 is VACATED, by Magistrate Judge Boyd N. Boland on 8/25/08. (jmp, ) (Entered: 08/25/2008)
382 MOTION for Protective Order by Defendants Faun (I) Gomez, Faun Gomez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Rice, Thomas) (Entered: 08/29/2008)
383 MEMORANDUM regarding 382 MOTION for Protective Order filed by Faun Gomez, Faun (I) Gomez. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 8/29/08. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 08/29/2008)
384 MINUTE ORDER: Motion Hearing set for 9/2/2008 08:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 8/29/08. (jmp, ) (Entered: 08/29/2008)
385 Unopposed MOTION to Withdraw Document #382, Motion for Protective Order, and to Vacate Hearing Concerning Same by Defendants Faun (I) Gomez, Faun Gomez. (Fahlsing, Gillian) (Entered: 08/29/2008)
386 MINUTE ORDER granting 385 Unopposed Motion to Withdraw Motion for Protective Order [Doc. #382] and to Vacate Hearing Concerning Same; denying as moot 382 Motion for Protective Order and the hearing set for 9/2/08, is VACATED., by Magistrate Judge Boyd N. Boland on 8/29/08.(jmp, ) Modified on 8/29/2008 to indicate that hearing is vacated(jmp, ). (Entered: 08/29/2008)
387 Docket Annotation re: 386 Minute Order. This docket entry was modified to indicate that hearing is vacated. Text only entry − no document attached (jmp, ) (Entered: 08/29/2008)
388 ORDER granting 372 Stipulated Motion to Amend/Correct/Modify Caption. Signed by Judge Marcia S. Krieger on 9/29/08.(msksec, ) (Entered: 09/29/2008)
389 Unopposed MOTION For Extension of Time For Defendants' Expert Witness Disclosure Deadline by Defendants Denver, City and County of, Jacob (I) Kopylov, Jacob Kopylov, John (I) Riordon, John Riordon, Loren (I) Collier, Loren Collier, Hans (I) Rastede, Hans Rastede, Richard (I) Roberson, Richard Roberson, Karolina (I) Sich, Karolina Sich, Anthony (I) Sullivan, Anthony Sullivan, Keri (I) Adcock, Keri Adcock, Julianna (I) Barron, Julianna Barron, Sarah (I) Bright, Sarah Bright, Lakisha (I) Minter, Lakisha Minter, Faun (I) Gomez, Faun Gomez, Shermaine (I) Guzman, Shermaine Guzman, Amanda (I) Line, Amanda Line, Julie (I) Kirkbride, Julie Kirkbride, Michelle (I) Salemi, Michelle Salemi, Jessica (I) Wanrow, Jessica Wanrow. (Corchado, Luis) (Entered: 10/16/2008)
390 MEMORANDUM regarding 389 Unopposed MOTION For Extension of Time For Defendants' Expert Witness Disclosure

10/17/2008
12/02/2008 12/02/2008
12/17/2008 12/17/2008 12/17/2008 12/17/2008

Deadline filed by Julianna (I) Barron, Julie (I) Kirkbride, Michelle Salemi, Loren (I) Collier, Loren Collier, Keri Adcock, Jessica Wanrow, Michelle (I) Salemi, Amanda Line, Faun Gomez, Jacob Kopylov, John (I) Riordon, Karolina (I) Sich, Shermaine (I) Guzman, Denver, City and County of, Amanda (I) Line, Karolina Sich, Keri (I) Adcock, Anthony Sullivan, John Riordon, Sarah (I) Bright, Lakisha (I) Minter, Jacob (I) Kopylov, Lakisha Minter, Jessica (I) Wanrow, Faun (I) Gomez, Anthony (I) Sullivan, Sarah Bright, Shermaine Guzman, Richard Roberson, Julie Kirkbride, Hans Rastede, Hans (I) Rastede, Julianna Barron, Richard (I) Roberson. Motion is referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 10/17/08. (Text Only Entry − No Document Attached)(msksec, ) (Entered: 10/17/2008)
391 ORDER granting 389 Law Enforcement Defendants Unopposed Motion for Extension of Time for Defendants Expert Witness Disclosure Deadline. Signed by Magistrate Judge Boyd N. Boland on 10/17/08.(jmp, ) (Entered: 10/17/2008)
392 NOTICE of Settlement by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber (Newman, Mari) (Entered: 12/02/2008)
393 MINUTE ORDER: The parties shall file a stipulation or motion to dismiss with prejudice, pursuant to Fed.R.Civ.P. 41(a) by 1/15/09, or a status report addressing why dismissal has not been accomplished, by Magistrate Judge Boyd N. Boland on 12/02/08. (jmp, ) (Entered: 12/03/2008)
394 STIPULATION of Dismissal of Case by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Newman, Mari) (Entered: 12/17/2008)
395 Docket Annotation re: 394 Stipulation of Dismissal of Case. This is a Motion to Dismiss and Counsel will refile using the correct event. Text only entry − no document attached (jmp, ) (Entered: 12/17/2008)
396 Stipulated MOTION to Dismiss by Plaintiffs Roy Rice, Estate of Emily Rice, Susan Garber. (Attachments: # 1 Proposed Order (PDF Only))(Newman, Mari) (Entered: 12/17/2008)
397 ORDER granting 396 Motion for Dismissal. The Court hereby dismisses Plaintiffs Amended Complaint, as well as all claims related thereto, whether pled or unpled, and all defenses to said claims, whether pled or unpled, with prejudice, each party to pay his, her or its own attorney fees and costs. The Clerk shall close this case. Signed by Judge Marcia S. Krieger on 12/17/08.(jmp, ) (Entered: 12/17/2008)


[CONTENT] July 25, 2007 | the U.S. District Court | the County and City of Denver | Denver | Colorado | Denver Department of Health and Hospitals |||  ||| Title 42 U.S.C. § 1983 ||| the morning | February 18, 2006 | Emily Rice ||| Denver Health | Defendant ||| the Denver Health ||| Rice ||| Rice | Denver | Denver County Jail ||| several hours ||| Rice | Rice ||| Rice |||  ||| Denver Jail | Rice ||| Rice ||| Rice ||| the night | Rice ||| Eventually Rice ||| Rice | Rice ||| Approximately 24-hours | Rice |||  ||| December 2, 2008 ||| approximately $4 million ||| December 17, 2008 | Marcia Krieger [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, 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. 