Lawsuit Information

Beginning on June 17, 2020, a class action lawsuit was filed against The City and County of Denver, on behalf of Plaintiffs who were confined in Denver County Jail or the downtown Van Cise-Simonet Detention Center, because the conditions of their incarceration put them at imminent risk of serious illness and death from COVID-19. The lawsuit alleges that The City and County of Denver (“Defendant”) violated the rights of Plaintiffs and other similarly situated individuals by failing to implement proper protocols to reduce the spread of the coronavirus.

Defendant denies that it did anything wrong.

Importantly, this class action has only been certified for the determination of the Defendant’s liability, meaning that a separate trial will be needed to determine the damages Defendant must pay to class members if it is found liable at trial for violations of class members’ constitutional rights.

Am I Affected?

This is the definition of the class that the court approved:

Primary Class
All detainees who were placed in the custody of the Denver County Jails (combined facilities) and tested positive for the coronavirus while detained, excluding those detainees who tested positive at intake and did not contract the virus again while detained. The class period commenced on January 1, 2020, and ended February 1, 2022.

Denver County Jail Class
All detainees who were placed in the custody of the Denver County Jail and tested positive for the coronavirus while detained, excluding those detainees who tested positive at intake and did not contract the virus again while detained. The class period commenced on January 1, 2020, and ended February 1, 2022.

Denver Downtown Jail Class
All detainees who were placed in the custody of the Van Cise-Simonet Downtown Detention Center and tested positive for the coronavirus while detained, excluding those detainees who tested positive at intake and did not contract the virus again while detained. The class period commenced on January 1, 2020, and ended February 1, 2022.

Your Legal Rights and Options

Option and Deadline

Your Legal Rights

Do Nothing

no deadline

 If you take no action, you will be part of the lawsuit. 

If you do nothing, you will be part of the lawsuit and your rights will be affected by the outcome. You won’t be able to start, continue, or be part of any other lawsuit against the Defendant regarding the same claims.

If, at a later time, the Plaintiffs win or settle, Class Members may be entitled to money. If the Defendant wins, Class Members will receive nothing.

OPT OUT 

by October 19, 2026

 You will not be part of this lawsuit. 

You can opt out, also known as excluding yourself. If you choose to opt out, you have decided not to participate in the lawsuit. That means you won’t get any benefits if they’re awarded, but you can still file your own lawsuit with your own lawyer.