Overturf v. Trujillo et al
| Vicky Overturf |
| Kavan Trujillo, Kali Henderson, Delta Police Department, City of Delta and Colorado Peace Officer Standards and Training Board |
| 1:2026cv00795 |
| February 26, 2026 |
| U.S. District Court for the District of Colorado |
| Kathryn A Starnella |
| Nina Y Wang |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 19, 2026. A more recent docket listing may be available from PACER.
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| Filing 49 MEMORANDUM regarding #48 MOTION for Leave to filed by Vicky Overturf. Motion referred to Magistrate Judge Kathryn A. Starnella. By Judge Nina Y. Wang on 08/19/2026. 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 (nywlc2, ) |
| Filing 48 MOTION for Leave to File Amended Complaint (Corrected) by Plaintiff Vicky Overturf. (Attachments: #1 Certificate of Service, #2 Proposed Amended Complaint, #3 Proposed Redlined Amended Complaint)(ggill, ) |
Filing 47
MINUTE ORDER. This matter is before the Court on Plaintiff's Motion for Leave to File Second Amended Complaint [#45 ] (the "Motion"). IT IS HEREBY ORDERED that the Motion [#45 ] is DENIED without prejudice to refiling for failure to confer pursuant to this District's Local Rule 7.1. The moving party must state whether any opposing party or parties agrees or disagrees with the relief sought, or explain in detail the reason for her inability to provide such a statement. D.C.COLO.LCivR 7.1(a). Further, this District's Local Rule 15.1 provides that a party who files an opposed motion for leave to amend a complaint must attach as an exhibit to the motion a copy of the proposed amended complaint which strikes through the text to be deleted and underlines the text to be added. D.C.COLO.LCivR 15.1(b). Entered by Magistrate Judge Kathryn A. Starnella on 8/7/2026. 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. (echa, )
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| Filing 46 MEMORANDUM regarding #45 MOTION for Leave to filed by Vicky Overturf. Motions referred to Magistrate Judge Kathryn A. Starnella By Judge Nina Y. Wang on 08/07/2026. 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 (nywlc2, ) |
| Filing 45 Plaintiff's MOTION for Leave to File Second Amended Complaint by Plaintiff Vicky Overturf. (ggill, ) |
| Filing 44 REPLY to Response to #31 MOTION to Dismiss for Failure to State a Claim filed by Defendants City of Delta, Delta Police Department, Kali Henderson, Kavan Trujillo. (Harrell, Bennett) |
| Filing 43 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Vicky Overturf. Only Vicky Overturf party consents (ggill, ) |
| Filing 42 RESPONSE to #31 MOTION to Dismiss for Failure to State a Claim filed by Plaintiff Vicky Overturf. (ggill, ) |
| Filing 41 Plaintiff's RESPONSE in Opposition to #31 MOTION to Dismiss for Failure to State a Claim filed by Plaintiff Vicky Overturf. (ggill, ) |
| Filing 40 Letter from Vicky Overturf. (ggill, ) |
| Filing 39 Plaintiff's RESPONSE in Opposition to #31 MOTION to Dismiss for Failure to State a Claim filed by Plaintiff Vicky Overturf. (ggill, ) |
| Filing 38 REPLY IN SUPPORT OF ITS MOTION TO DISMISS by Defendant Colorado Peace Officer Standards and Training Board. (Combs, Daniel) |
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Filing 37
MINUTE ORDER: The #35 Motion to Withdraw as Counsel of Record is GRANTED. Attorney Brianna Mendez is terminated from her representation of Colorado Peace Officer Standards and Training Board. By Judge Nina Y. Wang on 07/21/2026. 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(nywlc2, )
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| Filing 36 NOTICE of Entry of Appearance by Daniel Mitchell Combs on behalf of Colorado Peace Officer Standards and Training BoardAttorney Daniel Mitchell Combs added to party Colorado Peace Officer Standards and Training Board(pty:dft) (Combs, Daniel) |
| Filing 35 MOTION to Withdraw as Attorney OF RECORD by Defendant Colorado Peace Officer Standards and Training Board. (Mendez, Brianna) |
| Filing 33 Supplemental AI Certification by Plaintiff Vicky Overturf. (ggill, ) |
| Filing 34 Exhibits A-D to #29 Plaintiff's Response in Opposition to #24 Motion to Dismiss, by Plaintiff Vicky Overturf. (ggill, ) |
| Filing 32 MEMORANDUM regarding #31 MOTION to Dismiss for Failure to State a Claim filed by Kali Henderson, City of Delta, Kavan Trujillo, Delta Police Department. Motion referred to Magistrate Judge Kathryn A. Starnella. By Judge Nina Y. Wang on 07/13/2026. 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 (nywlc2, ) |
| Filing 31 MOTION to Dismiss for Failure to State a Claim by Defendants City of Delta, Delta Police Department, Kali Henderson, Kavan Trujillo. (Harrell, Bennett) |
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Filing 30
MINUTE ORDER: This matter is before the Court on the #29 Plaintiff's Response in Opposition to Defendant Colorado P.O.S.T. Board's Motion to Dismiss. The Response does not comply with the Court's Standing Order Regarding the Use of Generative Artificial Intelligence ("AI") in Court Filings, which is available on the District of Colorado's website at http://www.cod.uscourts.gov/Portals/0/Documents/Judges/NYW/NYW_Standing_Order_Regarding_AI_Certification.pdf. Accordingly, on or before 7/17/2026, Plaintiff shall file a supplemental AI Certification that complies with the Court's Standing Order. Plaintiff should not re-file her Response. Further failures to comply with the Standing Order may result in a filing being stricken. By Judge Nina Y. Wang on 07/10/2026. 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 (nywlc2, )
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| Filing 29 Plaintiff's RESPONSE in Opposition to #24 MOTION to Dismiss Plaintiffs Amended Complaint filed by Plaintiff Vicky Overturf. (Attachments: #1 Duplicate)(ggill, ) |
| Filing 28 CERTIFICATE OF COMPLIANCE Supplemental by Defendant Colorado Peace Officer Standards and Training Board. (Mendez, Brianna) |
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Filing 27
MINUTE ORDER. The deadline to file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction [#10 -1] is 45 days after the filing of the first response, other than an answer, to the operative complaint. D.C.COLO.LCivR 40.1(c)(4). Given the filing of the Motion to Dismiss [#24 ], IT IS HEREBY ORDERED that the deadline to file the Consent/Non-Consent form [#10 -1] is August 10, 2026. Entered by Magistrate Judge Kathryn A. Starnella on 6/25/2026. 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. (echa, )
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| Filing 26 MEMORANDUM regarding #24 MOTION to Dismiss Plaintiffs Amended Complaint filed by Colorado Peace Officer Standards and Training Board. Motion referred to Magistrate Judge Kathryn A. Starnella. By Judge Nina Y. Wang on 06/25/2026. 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 (nywlc2, ) |
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Filing 25
MINUTE ORDER: This matter is before the Court on #24 Defendant Colorado P.O.S.T. Board's Motion to Dismiss. The Motion does not comply with this Court's Standing Order Regarding the Use of Generative Artificial Intelligence ("AI") in Court Filings. On or before 6/29/2026, Defendant Colorado P.O.S.T. Board shall file a supplemental AI Certification that complies with the Court's Standing Order. The Motion should not be re-filed. All Parties are advised that future failures to include an AI Certification may be stricken. By Judge Nina Y. Wang on 06/25/2026. 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 (nywlc2, )
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| Filing 24 MOTION to Dismiss Plaintiffs Amended Complaint by Defendant Colorado Peace Officer Standards and Training Board. (Mendez, Brianna) |
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Filing 23
MINUTE ORDER. This matter is before the Court on Defendants Trujillo, Henderson, Delta Police Department, and City of Delta's Unopposed Motion for Uniform Responsive Pleading Deadline [#21 ] (the "Motion"). For good cause shown, IT IS HEREBY ORDERED that the Motion [#21 ] is GRANTED. Defendants Trujillo, Henderson, Delta Police Department, and City of Delta shall answer or otherwise respond to Plaintiff's Amended Complaint no later than July 13, 2026. IT IS FURTHER ORDERED that the Clerk of Court is directed to terminate the gavel on Defendant Colorado Peace Officer Standards and Training Board's filing at ECF [#19 ] because the filing is not a motion but is instead a stipulation for extension of time pursuant to D.C.COLO.LCivR 6.1(a). Entered by Magistrate Judge Kathryn A. Starnella on 6/2/2026. 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.(echa, )
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| Filing 22 MEMORANDUM regarding #21 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond (Motion for Uniform Responsive Pleading Deadline) filed by City of Delta, Kavan Trujillo, Delta Police Department, Kali Henderson, #19 Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond filed by Colorado Peace Officer Standards and Training Board. Motions referred to Magistrate Judge Kathryn A. Starnella. By Judge Nina Y. Wang on 06/01/2026. 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 (nywlc2, ) |
| Filing 21 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond (Motion for Uniform Responsive Pleading Deadline) by Defendants City of Delta, Delta Police Department, Kali Henderson, Kavan Trujillo. (Harrell, Bennett) |
| Filing 20 NOTICE of Entry of Appearance by Bennett McInnis Harrell on behalf of City of Delta, Delta Police Department, Kali Henderson, Kavan TrujilloAttorney Bennett McInnis Harrell added to party City of Delta(pty:dft), Attorney Bennett McInnis Harrell added to party Delta Police Department(pty:dft), Attorney Bennett McInnis Harrell added to party Kali Henderson(pty:dft), Attorney Bennett McInnis Harrell added to party Kavan Trujillo(pty:dft) (Harrell, Bennett) |
| Filing 19 Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond by Defendant Colorado Peace Officer Standards and Training Board. (Mendez, Brianna) |
| Filing 18 NOTICE of Entry of Appearance by Brianna Mendez on behalf of Colorado Peace Officer Standards and Training BoardAttorney Brianna Mendez added to party Colorado Peace Officer Standards and Training Board(pty:dft) (Mendez, Brianna) |
| Filing 17 NOTICE of Entry of Appearance by Courtney B. Kramer on behalf of City of Delta, Delta Police Department, Kali Henderson, Kavan TrujilloAttorney Courtney B. Kramer added to party City of Delta(pty:dft), Attorney Courtney B. Kramer added to party Delta Police Department(pty:dft), Attorney Courtney B. Kramer added to party Kali Henderson(pty:dft), Attorney Courtney B. Kramer added to party Kavan Trujillo(pty:dft) (Kramer, Courtney) |
| Filing 16 SUMMONS Returned Executed. Kavan Trujillo served on 5/19/2026, answer due 6/9/2026. (ggill, ) |
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Filing 15
MINUTE ORDER. This matter is before the Court sua sponte. The docket reflects that the summons for Defendant Henderson was returned unexecuted by the United States Marshal's Service. See Unexecuted Summons [#12 ]. According to the unexecuted summons, Defendant Henderson is no longer employed with the Delta Police Department. Id. While Fed. R. Civ. P. 4(c) requires that the Court effect service of the summons and operative complaint for a plaintiff who is proceeding in forma pauperis, the plaintiff must provide sufficient information for the Court to do so. See Fields v. Okla. State Penitentiary, 511 F.3d 1109, 1113 (10th Cir. 2007); Hill v. Ortiz, No. 07-cv-00571-LTB-CBS, 2008 WL 2020289, at *6 (D. Colo. May 9, 2008). Accordingly, IT IS HEREBY ORDERED that Plaintiff provide the Court with an address at which Defendant Henderson can be served. Entered by Magistrate Judge Kathryn A. Starnella on 5/22/2026. 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. (anewt,)
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| Filing 14 SUMMONS Returned Executed. City of Delta served on 5/11/2026, answer due 6/1/2026. (ggill, ) |
| Filing 13 SUMMONS Returned Executed. Colorado Peace Officer Standards and Training Board served on 5/13/2026, answer due 6/3/2026. (ggill, ) |
| Filing 12 Summons Returned Unexecuted as to Kali Henderson. (ggill, ) |
| Filing 11 SUMMONS Returned Executed. Delta Police Department served on 5/11/2026, answer due 6/1/2026. (ggill, ) |
| Filing 10 CERTIFICATE of Service by Clerk of Court re #6 Amended Complaint for service of process. (Attachments: #1 Magistrate Judge Consent Form, #2 Summons City of Delta, #3 Summons Colorado Peace Officer Standards and Training Board, #4 Summons Delta Police Department, #5 Summons Kali Henderson, #6 Summons Kavan Trujillo, #7 USMS City of Delta, #8 USMS Colorado Peace Officer Standards and Training Board, #9 USMS Delta Police Department, #10 USMS Kali Henderson, #11 USMS Kavan Trujillo) (ggill, ) |
| Filing 9 Letter to Pro Se Litigant entered by Magistrate Judge Kathryn A. Starnella on 4/24/2026. 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. (eluce) |
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Filing 8
ORDER REFERRING CASE: This case is referred to Magistrate Judge Kathryn A. Starnella for all motions. 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 hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. 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. Alternatively, the Magistrate Judge, at her discretion, may 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. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge Nina Y. Wang on 4/24/2026. 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 (nywlc8, )
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Filing 7
ORDER DRAWING CASE After review pursuant to D.C.COLO.LCivR 8.1(a), the Court has determined that this case does not appear 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. By Magistrate Judge Richard T. Gurley on 04/23/2026. Case randomly reassigned to Judge Nina Y. Wang and drawn to Judge Kathryn A. Starnella for all further proceedings. All future pleadings should be designated as 26-cv-00795-NYW. 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. (jrobe, )
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| Filing 6 AMENDED COMPLAINT against City of Delta, Colorado Peace Officer Standards and Training Board, Delta Police Department, Kali Henderson, Kavan Trujillo, filed by Vicky Overturf.(echa, ) |
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Filing 5
ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT by Magistrate Judge Richard T. Gurley on 03/05/2026. 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. (jrobe, )
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Filing 4
ORDER GRANTING LEAVE TO PROCEED UNDER 28 U.S.C. 1915 it is ORDERED that the Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (ECF No. #2 ) is GRANTED. It is FURTHER ORDERED that the court review Plaintiff's pleading pursuant to 28U.S.C. 1915(e)(2)(B). It is FURTHER ORDERED that the Clerk of Court shall not issue process at this time. It is FURTHER ORDERED that the United States Marshals Service shall serveprocess on any remaining defendant(s) for whom personal service is required if thecase is later drawn to a district judge or a magistrate judge under D.C.COLO.LCivR8.1(c). By Magistrate Judge Richard T. Gurley on 02/26/2026. 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.(jrobe, )
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| Filing 3 Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (a). Text Only Entry. (eluce, ) |
| Filing 2 Application to Proceed in District Court Without Prepaying Fees or Costs. by Plaintiff Vicky Overturf. (eluce, ) |
| Filing 1 COMPLAINT against City of Delta, Colorado Office of the Attorney General, Colorado Peace Officer Standards and Training Board, Delta Police Department, District Attorney's Office, 7th Judicial District, Kali Henderson, Kavan Trujillo, filed by Vicky Overturf. (Attachments: #1 Continuation of Main Document Defendant List, #2 Continuation of Main Document Defendants Information, #3 Continuation of Main Document Statement of Claims)(eluce, ) |
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