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L.J. v. Parker Personal Care Homes, Inc.

United States District Court, D. Colorado

April 18, 2014

L.J., a minor, through his parents and next friends, Bruce and Annetta Johnson, Plaintiff,
v.
PARKER PERSONAL CARE HOMES, INC., a Colorado corporation, ESSENE HOME, a Colorado limited liability company, BRIAN MOATS, individually and as Case Manager of the Jefferson County Department of Human Services, and LEDALE D. BROWN, Defendants.

ORDER

BOYD N. BOLAND, Magistrate Judge.

This matter arises on the Motion to Stay Discovery [Doc. # 49] filed on behalf of defendants Weinstein, Moats, and Andrews (the "County Defendants"). I held a hearing on the motion this morning and made rulings on the record, which are incorporated here.

The plaintiff is a minor child. The County Defendants are employees of the Jefferson County Department of Human Services ("JCDHS"). Parker Personal Care Homes, Inc. ("PPC"), and Essene Home are private companies that own or operate a group home, and LeDale Brown is an employee of PPC and/or Essene.

The plaintiff asserts that at times relevant to this action he was 15 years old and suffered multiple disabilities including autism (high functioning), bipolar disorder, and reactive attachment disorder. In February 2013, he was declared incompetent by the Jefferson County District Court and placed in the custody of JCDHS. JCDHS placed the plaintiff at the Essene House.

The plaintiff alleges further:

• JCDHS had actual knowledge of the plaintiff's disabilities, that he was particularly vulnerable and susceptible to sexual victimization, and that he previously had been sexually victimized by another student in one of his classes;
• At a staffing meeting on February 26, 2013, attended by defendants Moats and Brown, "Defendant Brown communicated... that moving [the plaintiff] upstairs was not advisable because another resident residing upstairs at the Essene House had a past history as a sexual predator, " First Amended Complaint [Doc. # 40] at ¶38;
• Notwithstanding the danger addressed during the staffing meeting, the plaintiff was moved upstairs in close proximity to "a known sexual predator, " id. at ¶39; the door alarm on the sexual predator's door was inoperable; and no alarm was placed on the plaintiff's door.

Based on these allegations, the plaintiff asserts six claims for relief:

(1) Under 42 U.S.C. § 1983 for violation of the plaintiff's Fourteenth Amendment right to substantive due process, against all defendants;
(2) Under 42 U.S.C. § 1983 for violation of the plaintiff's Fourteenth Amendment right to procedural due process, against all defendants;
(3) Under 42 U.S.C. § 1983 for violation of the plaintiff's Fourteenth Amendment right to equal protection, against all defendants;
(4) Under 42 U.S.C. § 1983 for supervisory liability, against defendants PPC, Essene, ...

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