Garner v. City of Loveland et al Featured Case

Plaintiff is an elder suffering from dementia and sensory aphasia, which affects her ability to communicate and understand. She sued Defendants City of Loveland, Officer Austin Hopp, Officer Daria Jalali and Sergeant Philip Metzler pursuant to 42 USC Section 1983 and Title II of the Americans with Disabilities Act. Plaintiff alleged that Walmart had called the police after she had forgotten to pay for items worth $13.88 from the store. Plaintiff alleged that Defendant Hopp violently assaulted her while responding to the call, Defendant Jalali assisted Hopp and failed to intervene, and that Defendant Metzler helped coverup the assault and denied her access to medical care for a fractured and dislocated shoulder.

Plaintiff: Karen Garner
Defendant: Austin Hopp, City of Loveland, Philip Metzler and Daria Jalali
Case Number: 1:2021cv01035
Filed: April 14, 2021
Court: US District Court for the District of Colorado
Presiding Judge: Philip A Brimmer
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 27, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 27, 2021 Filing 7 Conventionally Submitted Material : 1 CD of Exhibit 2 to 6 Amended Complaint by Plaintiff Karen Garner. Location: 1st Floor Area, Box A-1-1. Text Only Entry. (sphil, )
April 25, 2021 Filing 6 AMENDED COMPLAINT and Jury Demand against All Defendants, filed by Karen Garner. (Attachments: # 1 Conventionally Submitted Exhibit 2 - Cover Page)(Schielke, Sarah)
April 15, 2021 Opinion or Order Filing 5 ORDER Setting Scheduling/Planning Conference. Proposed Scheduling Order due7/7/2021. Scheduling/Planning Conference set for 7/14/2021 10:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix, by Magistrate Judge Kristen L. Mix on 4/15/2021. (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Magistrate Judge Consent Form) (agarc, )
April 15, 2021 Opinion or Order Filing 4 ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix for non-dispositive matters. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding, by Chief Judge Philip A. Brimmer on 4/15/2021. Text Only Entry (pabsec2)
April 14, 2021 Filing 3 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No summons issued. (jtorr, )
April 14, 2021 Filing 2 Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry. (jtorr, )
April 14, 2021 Filing 1 COMPLAINT and Jury Demand against All Defendants (Filing fee $ 402,Receipt Number 1082-7817200)Attorney Sarah Jay Schielke added to party Karen Garner(pty:pla), filed by Karen Garner. (Attachments: # 1 Civil Cover Sheet, # 2 Conventionally Submitted Exhibit 1 to Complaint)(Schielke, Sarah)

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Defendant: Austin Hopp
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Defendant: City of Loveland
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Defendant: Philip Metzler
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Defendant: Daria Jalali
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Plaintiff: Karen Garner
Represented By: Sarah Jay Schielke
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