On August 20, 2010, eight clients represented by Benezra & Culver, P.C., obtained certification of a class of 92 individuals for violation of C.R.S. § 16-3-404, a statute that guarantees all arrestees access to counsel.
In Acks, et al. v. City and County of Denver, et. al., Civil Action No. 09-cv-02197-RPM, a group of eight plaintiffs represented by Benezra & Culver, P.C., brought suit against the City & County of Denver arising from a mass arrest by the Denver Police Department of peaceful marchers at the Democratic National Convention (“DNC”). Their Complaint alleges that they were arrested at that march without probable cause. The Complaint also alleges that the eight named plaintiffs and all 92 individuals arrested during that march were denied access to counsel when they were detained at the City’s Arrest Processing Site.
After filing suit, Benezra & Culver filed a Motion for Class Certification regarding the denial of counsel claim. In that Motion, the firm sought injunctive and declaratory relief, as well as a statutory penalty, for the entire class.
On August 20, 2010, Judge Richard P. Matsch of the United States District Court for the District of Colorado granted Plaintiffs’ Motion and permitted Plaintiffs’ claim for denial of access to counsel to proceed as a class action.