Firm’s Clients Obtain Class Certification Against City of Denver

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.

About Benezra & Culver

Benezra & Culver, P.C. is an A/V rated Colorado law firm recognized in 2006 in the Bar Register of Preeminent Lawyers by LexisNexis Martindale-Hubbell. The firm's practice emphasizes all areas of employment law, litigation and counseling for employees and employers. Among the substantive areas of specialization are the Civil Rights Act of 1964, as amended ("Title VII"), the Age Discrimination in Employment Act ("ADEA"), the Employee Retirement Income Security Act ("ERISA"), the Civil Rights Act of 1866 ("Section 1981"), the Civil Rights Act of 1872 ("Section 1983"), the Fair Labor Standards Act ("FLSA"), the False Claims Act ("FCA"), the Occupational Health and Safety Act ("OSHA"), the Workers Adjustment and Retraining Act ("WARN"), the Employee Polygraph Act ("EPA") and judicially created wrongful discharge claims. In addition the firm provides representation to state and federal employees before state agencies and before the Merit Systems Protection Board. The firm is a full service litigation firm, including trial and appellate representation. Benezra & Culver also handles criminal cases in federal and state court at the trial and appellate levels.
Posted in Civil Rights Law, Representative Cases