Daffern v. Longmont Police Department et al
| Taylor Daffern |
| Longmont Police Department, Kurtis Hampton, Jason Korn, Amanda Jonas, John Winship, Russell Johnson, Eric Lewis, Johnathan Lundy, Seth Roberts, Craig Mortenson, Cary McDonald, John Garcia, Bear, Chanda Bochowiec and City of Longmont |
| 1:2026cv00431 |
| February 4, 2026 |
| U.S. District Court for the District of Colorado |
| Susan Prose |
| Regina M Rodriguez |
| Prisoner - Civil Rights (U.S. not a defendant) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 31, 2026. A more recent docket listing may be available from PACER.
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| Filing 36 NOTICE of Entry of Appearance by Ben LaBranche on behalf of Taylor DaffernAttorney Ben LaBranche added to party Taylor Daffern(pty:pla) (LaBranche, Ben) |
| Filing 35 NOTICE re #33 Notice of Pro Bono Appointment. The deadline for counsel selected in the Notice of Appointment to enter an appearance or file a Notice Declining Appointment is extended to August 5, 2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (adubo) |
| Filing 34 NOTICE re #8 Magistrate Judge and Status by Defendants Chanda Bochowiec, John Garcia, Kurtis Hampton, Russell Johnson, Amanda Jonas, Jason Korn, Eric Lewis, Johnathan Lundy, Cary McDonald, Craig Mortenson, Seth Roberts, John Winship, City of Longmont (Ratner, Mark) |
| Filing 33 Notice of Pro Bono Appointment. Attorneys Ben LaBranche of Benjamin R. Labranche PLLC and Carter Neal Hilty of Angela Campbell Law have been selected as counsel to represent the Plaintiff, in accordance with the Court's Order of May 12, 2026, and D.C.COLO.LAttyR 15(f) of the U.S. District Court's Local Rules of Practice. Counsel has thirty days to either enter an appearance in the case or to file a Notice Declining Appointment. This Notice of Appointment will be sent to the pro se litigant and selected counsel by the undersigned designated clerk. (adubo) |
| Filing 32 COURTROOM MINUTES for Status Conference held on 6/1/2026 before Magistrate Judge Susan Prose. For the reasons stated on the record, it is ORDERED: The court finds good cause to delay issuing a scheduling order until after Defendants' Motion to Dismiss (ECF No. #6 ) is resolved.The deadline for the parties to file a completed Magistrate Judge Consent Form is extended to July 1, 2026. FTR: A 502. (sjeff) |
| Filing 31 CERTIFICATE of Service by US Mail by Clerk of Court re 28 Order on Motion for Order, including a one-time courtesy copy of #6 MOTION to Dismiss Plaintiff's Complaint, #29 Order Setting Preliminary Scheduling/Status Conference, and 30 Order on Motion to Strike, to Taylor Daffern, #170209, Buena Vista Correctional Facility (BVCF), P.O. Box 2017, Buena Vista, CO 81211. Text Only Entry (sjeff) |
Filing 30
ORDER by Magistrate Judge Susan Prose on 05/12/2026. In light of this court's order at 28 , Defendants' #26 Motion to Strike Plaintiff's Motion at ECF No. #22 is DENIED as moot. Text Only Entry(sjeff)
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Filing 29
ORDER SETTING PRELIMINARY SCHEDULING/STATUS CONFERENCE by Magistrate Judge Susan Prose on 05/12/2026. Consent form due June 1, 2026. Pursuant to Fed. R. Civ. P. 16, a Preliminary Scheduling/Status Conference shall be held telephonically on June 1, 2026, at 9:30 a.m..Defendants or their counsel, and Plaintiff and his or her case manager, or a representative of the facility, shall appear by telephone by calling the following conference line at the appointed time:Number: (571) 353-2301Guest meeting ID: 868150043Please remember that, when you call in, you may be entering a proceeding already in progress for a different case; please ensure silence until your case is called. All attendees are requested to mute their phone when not speaking and avoid speaker phone and/or Bluetooth connections. (sjeff)
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Filing 28
ORDER by Magistrate Judge Susan Prose on 05/12/2026. This matter is before the court on Plaintiff's #19 Motion to Respond to Motion to Dismiss and Objection for Removal, #20 Motion for Appointment of Counsel, and #22 Motion to Stay Proceedings, to Appoint Counsel, and for Leave to Conduct Limited Discovery. Having considered Plaintiff's Motions, the court respectfully ORDERS:Plaintiff's #19 Motion to Respond to Motion to Dismiss and Objection for Removal is GRANTED in part. To the extent Plaintiff intended to request this matter be remanded to the Boulder County District Court, that request is DENIED. Plaintiff has raised claims pursuant to 42 U.S.C. 1983 for violation of his rights under the First, Eighth, and Fourteenth Amendments to the U.S. Constitution and under the Americans with Disabilities Act, a federal statute. Having raised these federal claims, removal is proper. Plaintiff's #19 Motion is GRANTED in all other respects. The Clerk's Office is respectfully directed to mail a copy of Defendants' #6 Motion to Dismiss to Plaintiff with a copy of this order. The deadline for Plaintiff to respond to Defendants' #6 Motion to Dismiss is extended, and Plaintiff shall file his response on or before September 9, 2026, which is 120 days from the date of this order.For good cause shown, Plaintiff's #20 Motion for Appointment of Counsel is GRANTED. The court directs the Clerk's office to place Plaintiff on the list of persons requesting appointment of pro bono counsel. Unless counsel enters an appearance on Plaintiff's behalf, Plaintiff remains responsible for complying with all court rules and all deadlines in the case.Plaintiff's #22 Motion to Stay Proceedings, to Appoint Counsel, and for Leave to Conduct Limited Discovery is GRANTED in part as to the request for appointment of counsel (see above), DENIED as to the request for a stay, and DENIED without prejudice as to the request for limited discovery. The court will issue a separate order setting a telephonic hearing during which the court and parties will discuss a discovery schedule in this case.Text Entry Only(sjeff)
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Filing 27
ORDER REFERRING MOTION: #26 MOTION to Strike #22 MOTION to Stay MOTION to Appoint Pro Bono Counsel MOTION for Discovery filed by Eric Lewis, Jason Korn, Longmont Police Department, Amanda Jonas, Bear, Kurtis Hampton, Cary McDonald, Russell Johnson, Johnathan Lundy, Craig Mortenson, Seth Roberts, Chanda Bochowiec, John Winship, John Garcia.Motion referred to Magistrate Judge Susan Prose by Judge Regina M. Rodriguez on 5/11/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (rmrja)
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| Filing 26 MOTION to Strike #22 MOTION to Stay MOTION to Appoint Pro Bono Counsel MOTION for Discovery by Defendants Bear, Chanda Bochowiec, John Garcia, Kurtis Hampton, Russell Johnson, Amanda Jonas, Jason Korn, Eric Lewis, Longmont Police Department, Johnathan Lundy, Cary McDonald, Craig Mortenson, Seth Roberts, John Winship. (Ratner, Mark) |
| Filing 25 RESPONSE to #20 MOTION to Appoint Pro Bono Counsel filed by Defendants Bear, Chanda Bochowiec, John Garcia, Kurtis Hampton, Russell Johnson, Amanda Jonas, Jason Korn, Eric Lewis, Longmont Police Department, Johnathan Lundy, Cary McDonald, Craig Mortenson, Seth Roberts, John Winship. (Ratner, Mark) |
| Filing 24 REPLY to Response to #6 MOTION to Dismiss Plaintiff's Complaint filed by Defendants Bear, Chanda Bochowiec, John Garcia, Kurtis Hampton, Russell Johnson, Amanda Jonas, Jason Korn, Eric Lewis, Longmont Police Department, Johnathan Lundy, Cary McDonald, Craig Mortenson, Seth Roberts, John Winship. (Ratner, Mark) |
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Filing 23
ORDER REFERRING MOTION: #22 MOTION to Stay MOTION to Appoint Pro Bono Counsel MOTION for Discovery filed by Taylor Daffern. Motion referred to Magistrate Judge Susan Prose by Judge Regina M. Rodriguez on 4/27/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (rmrja)
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| Filing 22 MOTION to Stay Proceedings, Motion to Appoint Counsel, and Motion for Leave to Conduct Limited Discovery by Plaintiff Taylor Daffern. (Attachments: #1 Exhibit, #2 Envelope)(agryan) |
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Filing 21
ORDER REFERRING MOTIONS: #20 MOTION to Appoint Pro Bono Counsel filed by Taylor Daffern, #19 MOTION to Respond to Motion to Dismiss and Objection for Removal filed by Taylor Daffern.Motions referred to Magistrate Judge Susan Prose by Judge Regina M. Rodriguez on 4/20/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (rmrja)
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| Filing 20 PRISONER MOTION for Appointment of Counsel by Plaintiff Taylor Daffern. (Attachments: #1 Envelope)(agryan) |
| Filing 19 MOTION to Respond to Motion to Dismiss and Objection for Removal by Plaintiff Taylor Daffern. (Attachments: #1 Envelope)(agryan) |
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Filing 18
ORDER DENYING AS MOOT #11 Plaintiffs Motion to Amend and For Extension of Time by Magistrate Judge Susan Prose on 4/7/26. Plaintiff's "Motion to Amend the Civil Complaint and for Extension of Time" (ECF No. 11) is CONSTRUED as a motion for extension of time. Although the motion is labeled as seeking leave to amend, Plaintiff does not attach a proposed amended complaint or otherwise describe any proposed amendments, and instead requests additional time to respond to Defendants' Motion to Dismiss. Plaintiff's Motion does not include a certificate of conferral as required by D.C.COLO.LCivR 7.1(a). Although Plaintiff is proceeding pro se, he is nonetheless obligated to comply with the Court's local rules. See Hendrix v. Employer's Reinsurance Corp., 26 F. App'x 873, 874 (10th Cir. 2002) ("Pro se litigants must follow the rules of procedure, including local rules."). Plaintiff is advised that future motions lacking a certificate of conferral may be stricken. The Court further notes that, despite being labeled "unopposed," Plaintiff did not confer with Defendants; Defendants represent that they "take no position" on the request for an extension. See ECF No. 14 at 3. Because the Court has since granted Plaintiff's subsequent motion for extension of time and set a deadline for responding to Defendants' Motion to Dismiss, see ECF No. 17, the request for an extension of time in ECF No. 11 is DENIED AS MOOT. To the extent Plaintiff seeks leave to amend his complaint, that request is DENIED WITHOUT PREJUDICE to filing a proper motion that complies with Fed. R. Civ. P. 15 and applicable local rules, including the attachment of a proposed amended complaint. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry(sbplc9, )
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Filing 17
ORDER GRANTING #15 Plaintiff's Unopposed Motion for Extension of Time to File Response/Reply by Magistrate Judge Susan Prose on 3/25/26. Plaintiff's response in opposition to Defendant's Motion to Dismiss due by 4/15/26. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry(sbplc9, )
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Filing 16
ORDER REFERRING MOTION: #15 MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss Plaintiff's Complaint filed by Taylor Daffern. Motion referred to Magistrate Judge Susan Prose by Judge Regina M. Rodriguez on 3/23/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (rmrja)
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| Filing 15 UNOPPOSED SECOND MOTION for Extension of Time by Plaintiff Taylor Daffern. (agryan) |
| Filing 14 RESPONSE to #11 MOTION to Amend/Correct/Modify filed by Defendants Chanda Bochowiec, John Garcia, Kurtis Hampton, Russell Johnson, Amanda Jonas, Jason Korn, Eric Lewis, Longmont Police Department, Johnathan Lundy, Cary McDonald, Craig Mortenson, Seth Roberts, John Winship. (Ratner, Mark) |
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Filing 13
ORDER SETTING CONSENT FORM DEADLINE by Magistrate Judge Susan Prose on 02/26/2026. The parties shall file a completed Magistrate Judge Consent Form by no later than March 19, 2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (sjeff)
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Filing 12
ORDER REFERRING MOTION: #11 MOTION to Amend/Correct/Modify Civil Complaint and for Extension of Time #4 Complaint filed by Taylor Daffern.Motion referred to Magistrate Judge Susan Prose by Judge Regina M. Rodriguez on 2/24/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (rmrja)
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| Filing 11 MOTION to Amend the Civil Complaint and for Extension of Time #4 Complaint, by Plaintiff Taylor Daffern. (echa, ) |
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Filing 10
ORDER REFERRING MOTION: #6 MOTION to Dismiss Plaintiff's Complaint filed by Eric Lewis, Jason Korn, Longmont Police Department, Amanda Jonas, Bear, Kurtis Hampton, Cary McDonald, Russell Johnson, Johnathan Lundy, Craig Mortenson, Seth Roberts, Chanda Bochowiec, John Winship, John Garcia.Motion referred to Magistrate Judge Susan Prose by Judge Regina M. Rodriguez on 2/11/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (rmrja)
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Filing 9
ORDER REFERRING CASE to Magistrate Judge Susan Prose. 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 Local Civ. R. 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, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Regina M. Rodriguez on 2/11/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (rmrja)
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| Filing 8 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (ggill, ) |
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Filing 7
ORDER DRAWING CASE. After review pursuant to D.C.COLO.LCivR 8.1(b), the Court has determined that this case does not appear to be appropriate for summary dismissal. Therefore, the case will be drawn to a presiding judge and, if applicable, to a magistrate judge. See D.C.COLO.LCivR 8.1(c). Accordingly, it is ordered that this case be drawn to a presiding judge and, if applicable, to a magistrate judge. (Case randomly reassigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Susan Prose for all further proceedings. All future pleadings shall be designated to 26-cv-00431- RMR). By Magistrate Judge Richard T. Gurley on 2/11/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (ggill, )
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| Filing 6 MOTION to Dismiss Plaintiff's Complaint by Defendants Bear, Chandra Bochowiec, John Garcia, Kurtis Hampton, Russell Johnson, Amanda Jonas, Jason Korn, Eric Lewis, Longmont Police Department, Johnathan Lundy, Cary McDonald, Craig Mortenson, Seth Roberts, John Winship. (Ratner, Mark) |
| Filing 5 Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (eluce, ) |
| Filing 4 CIVIL RIGHTS COMPLAINT UNDER 42 U.S.C. 1983 and STATE TORT CIVIL ACTION against Bear, Chandra Bochowiec, John Garcia, Kurtis Hampton, Russell Johnson, Amanda Jonas, Jason Korn, Eric Lewis, Longmont Police Department, Johnathan Lundy, Cary McDonald, Craig Mortenson, Seth Roberts, John Winship, filed by Taylor Daffern.(eluce, ) |
| Filing 3 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (eluce, ) |
| Filing 2 ADMINISTRATIVE REMINDER to Filer. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1 and 28 U.S.C. Section 1446a when filing a Notice of Removal. (Text only entry.) (eluce, ) |
| Filing 1 NOTICE OF REMOVAL by John Winship, Craig Mortenson, Kurtis Hampton, Russell Johnson, Johnathan Lundy, Cary McDonald, Longmont Police Department, K-9 Officer Bear, Chandra Bochowiec, Eric Lewis, Jason Korn, Seth Roberts, John Garcia, Amanda Jonas from Boulder County District Court, Case Number 2025CV245. (Filing fee $ 405, Receipt Number ACODC-10802520), filed by John Winship, Craig Mortenson, Kurtis Hampton, Russell Johnson, Johnathan Lundy, Cary McDonald, Longmont Police Department, K-9 Officer Bear, Chandra Bochowiec, Eric Lewis, Jason Korn, Seth Roberts, John Garcia, Amanda Jonas. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Ratner, Mark) |
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