Havens v. Johnson
Plaintiff: Darrell L. Havens
Defendant: William Johnson, Arvada Police Department and City of Arvada
Case Number: 1:2009cv01380
Filed: June 15, 2009
Court: US District Court for the District of Colorado
Office: Denver Office
County: Bent
Presiding Judge: Zita L. Weinshienk
Presiding Judge: Michael E. Hegarty
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Defendant

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
March 6, 2014 Opinion or Order Filing 374 JUDGMENT by Clerk in favor of William Johnson, William (I) Johnson against Darrell L. Havens re: 373 Order on Motion for Summary Judgment by Clerk on 3/6/2014. (klyon, )
February 28, 2014 Opinion or Order Filing 373 Opinion and ORDER granting 348 Motion for Summary Judgment. Judgment shall enter in favor of the Defendant. The Clerk is directed to close this case. By Chief Judge Marcia S. Krieger on 2/28/2014.(klyon, )
April 30, 2013 Opinion or Order Filing 345 ORDER granting in part and denying in part 338 Defendant's Motion to Compel Deposition of Attorney Witness, by Magistrate Judge Michael E. Hegarty on 4/30/2013. (mehcd)
January 18, 2013 Opinion or Order Filing 330 ORDER granting 238 Defendant's Motion to Dismiss and denying 241 Plaintiff's Motion for Reconsideration and 245 for Leave to File Amended Consolidated Complaint by Chief Judge Marcia S. Krieger on 1/18/2013.(klyon, )
October 26, 2012 Opinion or Order Filing 323 PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 10/26/2012. (klyon, )
April 16, 2012 Opinion or Order Filing 253 MINUTE ORDER denying as moot 231 Plaintiff's Amended Motion for Leave to File Amended Consolidated Complaint (to Correct the Previous E-Filing of the Wrong Document), and denying as moot 248 Defendant Hernandez' Unopposed Motion for Extension of Time to File Response in Opposition to Plaintiff's Motion for Leave to Amend Consolidated Complaint. By Magistrate Judge Michael E. Hegarty on 4/16/2012. (mehcd)
April 12, 2012 Opinion or Order Filing 244 SECOND TRIAL PREPARATION ORDER - CIVIL by Judge Marcia S. Krieger on 4/12/12. (msksec, )
March 13, 2012 Opinion or Order Filing 219 OPINION AND ORDER GRANTING, IN PART, MOTIONS TO DISMISS. The Motions to Dismiss by the State (# 123 ); the Parole Board Defendants (# 124 ); Defendant Beal (# 127 ); Lone Tree (# 129 ); Defendant Ramirez (# 130 ); Arvada (# 134 ); Denver (# 137 ); D efendant Pachello (# 139 ); and Mountain View (# 147 ) are GRANTED, and the claims against these Defendants are DISMISSED in their entirety. The State Patrol Defendants' Motion to Dismiss (# 126 ) is GRANTED IN PART, insofar as all claims agains t Defendants Beauvais, Mayfield, Murray, and Pickering and the claims against Defendant Sandy other than that for excessive force under § 1983 are DISMISSED, and DENIED IN PART, insofar as the § 1983 excessive force claim against Defendant Sandy may proceed. The Arvada Officer Defendants' Motion to Dismiss (# 132 ) is GRANTED IN PART, insofar as all claims against Defendants Bickmore, Grueber, Heivilin, Kildow, Mantych, Roemer, Strasheim, Strate, and Vander Veen, and the claims ag ainst Defendant Johnson other than that for excessive force under § 1983 are DISMISSED, and DENIED IN PART, insofar as the § 1983 excessive force claim against Defendant Johnson may proceed. Defendants Hernandez, Kelly, and Pickering's Motion to Dismiss (# 180 ) is GRANTED IN PART, insofar as all claims against Defendants Kelly and Pickering, and the claims against Defendant Hernandez other than that for excessive force under § 1983 are DISMISSED, and DENIED IN PART, insofar as the § 1983 excessive force claim against Defendant Hernandez may proceed. The caption of this case is AMENDED to omit reference to all Defendants other than Defendants Johnson, Sandy, and Hernandez. The Clerk of the Court is directed to terminate all motions pending in 11-cv-490 and to close that case, by Judge Marcia S. Krieger on 03/13/2012.(wjc, )
February 21, 2012 Opinion or Order Filing 217 MINUTE ORDER denying without prejudice 215 Plaintiff's Motion to Amend Consolidated Complaint, by Magistrate Judge Michael E. Hegarty on 02/21/2012.(wjc, )
January 17, 2012 Opinion or Order Filing 198 MINUTE ORDER granting 148 Defendant Hernandez's Motion to Stay Discovery pending resolution of his motion to dismiss. Parties to file status report within 3 days of ruling on motion to dismiss, by Magistrate Judge Michael E. Hegarty on 1/17/12.(gmssl, ) Modified on 1/18/2012 to add the number "3" (gmssl, ).
January 12, 2012 Opinion or Order Filing 187 ORDER granting 128 Defendant Tim Beals' Motion to Stay Discovery; granting 136 Motion to Stay Discovery Pending Determination of Qualified Immunity filed by Defendants Ramirez, Johnson, Mantych, Bickmore, VanderVeen, Roemer, Kildow, Heivilin , Grueber, Strate, Strasheim, Wick, Arvada Police Department and City of Arvada ("Arvada Defendants"); granting 138 Defendant Robert Wilson's Motion to Stay Discovery; granting 140 Defendant Todd Pachello's Motion to Stay Disc overy; and granting 142 Motion for Protective Order and to Stay Discovery filed by Defendants State of Colorado, Colorado State Patrol, Colorado State Parks, Colorado Board of Parole, Mayfield, Murray, Beauvais, Pickering, Sandy, Michaud, Lucero, A nderson, Allen, Heckenbach, Oakes, and Quinones. Discovery as to all Defendants is stayed pending resolution of the motions to dismiss. The parties shall file a status report within three business days of receiving a ruling on the motions to dismiss, indicating what scheduling, if any, is needed. The Status Conference scheduled for 1/13/2012 vacated. By Magistrate Judge Michael E. Hegarty on 1/12/2012. (mehcd)
January 5, 2012 Opinion or Order Filing 164 MINUTE ORDER denying as moot 154 The State Defendants' Motion for Relief from Initial Disclosure Deadline Pursuant to Fed. R. Civ. P. 26(1)(A) [sic] & D.C. Colo. LCivR 30.2, by Magistrate Judge Michael E. Hegarty on 1/5/2012. (mehcd)
November 3, 2011 Opinion or Order Filing 114 MINUTE ENTRY for Evidentiary Hearing held before Judge Marcia S. Krieger on 11/3/2011. Witness testimony, exhibits received/refused, and other rulings are as set forth in the Minutes. 89 Motion to Consolidate Cases is GRANTED. The cases are conso lidated for all purposes. This action will proceed with a dual caption but the secondary portion of the caption will be the subsequently filed case. All of the pending motions in the case before Judge Blackburn become pending motions in this case.(Court Reporter: Paul Zuckerman) (mskcd)
August 24, 2010 Opinion or Order Filing 73 OPINION AND ORDER ADOPTING, IN PART, RECOMMENDATION AND GRANTING MOTION FOR SUMMARY JUDGMENT. The Court ADOPTS IN PART the 59 Magistrate Judge's Amended Recommendation, finding that the Magistrate Judge correctly recited the operative facts a nd the governing law, and REJECTS IN PART the Amended Recommendation, insofar as the Court finds that the evidence tendered by the Plaintiff regarding his allegedly disabling mental impairment is conclusory and insufficient to demonstrate that the Pl aintiff was indeed suffering from a mental impairment during the time period at issue sufficient to warrant a tolling of the statute of limitations. The 24 Defendants' Motion for Summary Judgment is GRANTED on the grounds that this action was not timely commenced and the statute of limitations was not tolled by the Plaintiff's condition, by Judge Marcia S. Krieger on 08/23/2010.(wjc, )
July 12, 2010 Opinion or Order Filing 62 MINUTE ORDER granting in part and denying in part 60 Defendant's Motion to Compel Initial Disclosures and Request for Fees and Costs, by Magistrate Judge Michael E. Hegarty on 7/12/2010. (mehcd)
May 10, 2010 Opinion or Order Filing 54 TRIAL PREPARATION ORDER-CIVIL: Final Pretrial Conference set for 5/5/2011 at 04:00 PM in Courtroom A 901 before Judge Marcia S. Krieger. Judge Marcia S. Krieger on 5/10/10. (msksec, )
April 23, 2010 Opinion or Order Filing 48 NOTICE OF CONVERSION TO SUMMARY JUDGMENT. The Court will convert the 24 Motion to Dismiss into a Motion for Summary Judgment pursuant to Fed. R. Civ. P. 56. Any additional briefing by either party must be submitted on or before 05/07/2010, by Magistrate Judge Michael E. Hegarty on 04/23/2010. (wjc, )
March 4, 2010 Opinion or Order Filing 42 Courtroom Minutes/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: Telephonic Preliminary Scheduling/Status Conference held on 3/4/2010, denying as moot 40 Plaintiff's Motion Requesting Court Order to Fort Lyon Cor rectional Facility Legal Representative to Allow all Future Conferences Via Telephone; denying as premature 31 Defendant's Request to Rule on Motion to Dismiss; Reset Hearing: Telephonic Preliminary Scheduling/Status Conference RESET for 5/6/2010 09:30 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. (Court Reporter FTR - C. Coomes) (mehcd)
November 6, 2009 Opinion or Order Filing 22 ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and deposition s from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. by Judge Marcia S. Krieger on 11/6/09. (mskcd)
October 29, 2009 Opinion or Order Filing 15 ORDER Drawing Case. This case shall be drawn to a district judge and to a magistrate judge, by Magistrate Judge Boyd N. Boland on 10/29/09. (gmssl, )
September 15, 2009 Opinion or Order Filing 13 ORDER granting 12 Motion to Reconsider and Reinstating Case. Ordered that the 08/06/09, dismissal and judgment are vacated. Ordered that the Court is directed to reinstate and return this action to the pro se docket. Ordered that Mr. Havens will be allowed 30 days in which to comply with the directive of the 06/25/09, order for an amended complaint by Judge Zita L. Weinshienk on 09/14/09.(jjh, )
August 6, 2009 Opinion or Order Filing 8 ORDER of Dismissal. Ordered that the complaint and the action are dismissed without prejudice by Judge Zita L. Weinshienk on 08/05/09. (jjh, )
June 25, 2009 Opinion or Order Filing 5 ORDER Directing Plaintiff to File Amended Complaint within 30 days by Magistrate Judge Boyd N. Boland on 06/25/09. (jjh, )
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Plaintiff: Darrell L. Havens
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Defendant: William Johnson
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Defendant: Arvada Police Department
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Defendant: City of Arvada
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