Jason Haubenreiser, Daniel K. Miller, Elizabeth D. Wilhour, and Sean M. Wilhour v. City and County of Denver, Denver Police Department, Lieutenant James Costigan, Mary J. Dulacki, Officer Emmet Hurd, Detective Spitzer, Officer Alvarado, Officer Yanez, Officer Lee, Denver Department of Health and Public Environment, Inspector Ochoa, and Supervisor Matsuda

Summary

The United States District Court for the District of Colorado adopts a magistrate judge’s recommendation concerning Defendants’ motion to dismiss. The Court dismisses most claims with or without prejudice, leaves Claim Four partially viable against Officers Yanez and Lee concerning Jason Haubenreiser’s October 2024 arrest, and issues a show-cause order to other plaintiffs regarding failure to prosecute. The Court grants leave to file a Second Amended Complaint subject to specified deadlines and conditions.

Holdings

1. When no party objects to a magistrate judge's recommendation, the district court may review the recommendation under any standard it deems appropriate; here, the court reviewed the record for clear error and adopted the thorough and well-reasoned recommendation.
2. Defendants' motion to dismiss was granted in part and denied in part; all claims were dismissed except Claim Four to the extent asserted by Haubenreiser against Yanez and Lee based on Haubenreiser's alleged October 2024 unlawful arrest.
3. Plaintiffs were granted leave to file a Second Amended Complaint by April 30, 2026, subject to the order's conditions, including that claims dismissed with prejudice could not be reasserted and that no amended complaint could be filed until the order to show cause was resolved.
4. Daniel K. Miller, Elizabeth Wilhour, and Sean Wilhour were ordered to show cause by April 2, 2026, why they should not be dismissed as plaintiffs for failure to prosecute.

Questions Presented

1. Whether the magistrate judge's recommendation should be adopted when no party filed an objection.
2. Whether defendants' motion to dismiss should be granted in part and denied in part as recommended.
3. Whether certain claims should be dismissed with or without prejudice, including dismissals for lack of subject matter jurisdiction.
4. Whether plaintiffs should receive leave to file a Second Amended Complaint subject to specified conditions and deadlines.
5. Whether Daniel K. Miller, Elizabeth Wilhour, and Sean Wilhour should be required to show cause why they should not be dismissed for failure to prosecute.

Disposition

other