Young v. Werholtz et al

Filing 25

Courtroom Minutes for Motion Hearing held on 2/27/2014 before Judge Richard P. Matsch. ORDERED: Defendants' Motion to Dismiss Amended Complaint under the Fourteenth Amendment is taken under advisement. Defendants' Motion to Dismiss Amend ed Complaint with respect to qualified immunity and personal participation is taken under advisement. Motion to Dismiss 1 Complaint 8 is moot. Motion to Dismiss 9 Amended Complaint 15 , is denied in part and taken under advisement in part as stated on record. Defendant's Milyards Motion to Join Motion to Dismiss Amended Complaint 24 , is granted. Individual defendants in their official capacity are dismissed. Appearance of Elisabeth L. Owen for plaintiffs is accepted and will be reflected as such on CM/ECF for notice and service. FTR: K. Terasaki. (rpmcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Date:
February 27, 2014
Courtroom Deputy:
J. Chris Smith
FTR Technician:
Kathy Terasaki
____________________________________________________________________________________
Civil Action No. 13-cv-01744-RPM
HARLEY QUINT YOUNG, and
SHARON YOUNG,

Elisabeth L. Owen
Thomas B. Kelly
Nicole B. Godfrey

Plaintiffs,
v.
RICK RAEMISCH, Executive Director of CDOC, official capacity;
Jacqueline N.R. Fredericks
KEVIN MILYARD,
former Warden SCF and former Deputy Director, individual capacity;
JAMES FALK, Warden, SCF, official capacity;
TIMOTHY USRY, Administrative Services Manager, SCF, official capacity;
BERNADETTE SCOTT, Mail Room Supervisor, SCF, individual and official capacities;
IRIS CHRISTIANS, Mail Room Sergeant, individual and official capacities;
MICHELE WINGERT, Captain, SCF, individual and official capacities;
Defendants.
____________________________________________________________________________________
COURTROOM MINUTES
____________________________________________________________________________________
Hearing on Motion to Dismiss
10:30 a.m.

Court in session.

ORDERED:

Appearance of Elisabeth L. Owen for plaintiffs is accepted and will be reflected as
such on CM/ECF for notice and service.

Court’s preliminary remarks.
Ms. Owen answers questions asked by the Court.
Ms. Owen states plaintiffs are not challenging the constitutionality of the regulations cited but rather their
interpretation and implementation with respect to the case facts indicated in the Amended Complaint.
Ms. Owen further states, based on the Court’s stated rationale with respect to injunctive relief,
plaintiffs would agree to dismiss the individual defendants in their official capacity.
Argument by Ms. Fredericks (First Amendment Claim).

February 27, 2014
13-cv-01744-RPM
ORDERED:

Defendants’ Motion to Dismiss Amended Complaint under the First Amendment is
denied.

Argument by Ms. Owen (Fourteenth Amendment).
Argument by Ms. Fredericks.
Further argument by Ms. Owen.
Statement by Mr. Kelly.
ORDERED:

Defendants’ Motion to Dismiss Amended Complaint under the Fourteenth
Amendment is taken under advisement.

Argument by Ms. Owen (qualified immunity personal participation).
ORDERED:

Defendants’ Motion to Dismiss Amended Complaint with respect to qualified
immunity and personal participation is taken under advisement.

ORDERED:

Motion to Dismiss [1] Complaint [8] is moot.
Motion to Dismiss [9] Amended Complaint [15], is denied in part and taken under
advisement in part as stated on record
Defendant’s Milyard’s Motion to Join Motion to Dismiss Amended Complaint [24],
is granted.
Individual defendants in their official capacity are dismissed.

11:25 a.m.

Court in recess.

Hearing concluded. Total time: 55 min.

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