1:25-cv-00590•Beauford v. Denver Public Schools
Testo completo
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:25-cv-00590-SKC-SBP ANTHONY BEAUFORD, Plaintiff, v. DENVER PUBLIC SCHOOLS, Defendant. ORDER GRANTING MOTION TO AMEND Susan Prose, United States Magistrate Judge This matter comes before the court on the Motion for Leave to File Fourth Amended Complaint (the “Motion” or “Motion to Amend”) filed by Plaintiff Anthony Beauford. ECF No. 98. The court considers the Motion pursuant to 28 U.S.C. § 636(b), the Order Referring Case dated May 21, 2025 (ECF No. 46), and the Memorandum dated October 22, 2025 (ECF No. 99). Upon review of the Motion and the related briefing, the entire docket, and the applicable law, the Motion to Amend is GRANTED. 1 1 “Whether motions to amend are dispositive is an unsettled issue in the 10th Circuit.” Cano- Rodriguez v. Adams Cnty. Sch. Dist. No. 14, No. 19-cv-01370-CMA-KLM, 2020 WL 6049595, at *1 n.2 (D. Colo. July 23, 2020), report and recommendation adopted, 2020 WL 4593219 (D. Colo. Aug. 11, 2020). Courts in this District have treated orders granting motions to amend as nondispositive, but “many courts have held that a recommendation to deny a motion to amend . . . should be viewed as a dispositive ruling because it precludes the filing of certain claims.” Crocs, Inc. v. Effervescent, Inc., No. 06-cv-00605-PAB-KMT, 2021 WL 941828, at *2 n.1. (D. Colo. Mar. 11, 2021) (quotation omitted); see also Bullock v. Daimler Trucks N. Am., LLC, No. Case No. 1:25-cv-00590-SKC-SBP Document 130 filed 03/09/26 USDC Colorado pg 1 of 17
2 BACKGROUND The following facts are alleged in both Mr. Beauford’s Third Amended Complaint (ECF No. 75), the currently-operative pleading, as well as in his proposed Fourth Amended Complaint (ECF No. 98-1) that is the subject of the Motion to Amend. Mr. Beauford, who is African American, initiated this employment discrimination case against his former employer, Denver Public Schools (“DPS” or “Defendant”), on February 21, 2025. See ECF No. 1. In August 2022, Mr. Beauford reported to a DPS investigator that the environment in the HVAC department where he worked was marked by “racial tension” and “discriminatory comments,” including the use of the “n-word.” ECF No. 75 ¶ 7 (referencing December 6, 2022 letter from Megan Bench, Designated Employee Complaint Officer, ECF No. 75 at 10-12). 2 The investigator concluded that Mr. Beauford’s complaints demonstrated “a violation of law, DPS Administration Policy, and/or the DPS Employment Practices Manual.” ECF No. 75 at 10. The investigator found that Mr. Beauford’s “supervisors subjected [him] to retaliation for [his] protected activity”; that “no action was taken regarding [his] allegations of 08-cv-00491-PAB-MEH, 2010 WL 1286079, at *1 (D. Colo. Mar. 29, 2010) (observing that it “makes good sense” to distinguish between allowing and denying an amendment in considering whether to issue an order or recommendation as a magistrate judge). Because this court concludes that the Motion to Amend should be granted, it proceeds by order rather than by recommendation. 2 Mr. Beauford has incorporated the investigator’s report and other documents into the Third Amended Complaint and attached them as exhibits to the pleading. See Gee v. Pacheco, 627 F.3d 1178, 1186 (10th Cir. 2010) (court may consider “documents referred to in the complaint if the documents are central to the plaintiff’s claim and the parties do not dispute the documents’ authenticity”) (quoting Jacobsen v. Deseret Book Co., 287 F.3d 936, 941 (10th Cir. 2002)). Case No. 1:25-cv-00590-SKC-SBP Document 130 filed 03/09/26 USDC Colorado pg 2 of 17
3 discrimination”; that he “was “held to a different disciplinary standard than [his] Caucasian/White peers”; and that DPS policies had been violated “based on race/color discrimination due to the subsequent disciplinary actions taken against [Mr. Beauford], up to and including his discharge on or about July 22, 2022.” Id. at 10-11.3 These findings, as against Mr. Beauford’s direct supervisors, were affirmed on appeal. ECF No. 75 ¶ 12 (referencing July 24, 2023 letter from Rosalind R. Sullivan, Manager, Employee Relations Investigations, ECF No. 75 at 14-23). Specifically, the reviewing official found that the persons in Mr. Beauford’s supervisory chain were responsible for the following actions: (1) You subjected Mr. Beauford to a hostile work environment when you failed to address race based comments of other employees. (2) Your issuance of the Letter of Expectation on September 1, 2020 is retaliation for having engaged in the protected activity of complaining about racism. (3) Your request that an armed and uniformed Security Officer be present at the September 27, 2021 meeting was based on Mr. Beauford’s protected classes and or in retaliation for having engaged in protected activity. (4) Mr. Beauford’s 2022 discipline and discharge were based on his protected class and/or in retaliation for engaging in protected activity. See, e.g., ECF No. 75 at 20-21 (cleaned up); see also id. at 20 (finding “a clear connection between the protected activity and the employment action”). 3 In the proposed Fourth Amended Complaint, Mr. Beauford alleges that there was “a termination attempt on July 22, 2022, based on pretextual reasons including ‘Apparent False Reporting of Vehicle Incident’ and ‘Bid Shopping.’” ECF No. 98-1 ¶ 12. Mr. Beauford “was reinstated on August 19, 2022, but was immediately placed on paid administrative leave pending completion of the Discrimination Prevention and Response investigation.” Id. Case No. 1:25-cv-00590-SKC-SBP Document 130 filed 03/09/26 USDC Colorado pg 3 of 17
4 Mr. Beauford also alleges that a Caucasian co-worker named Jeff Tagg “engaged in egregious racist conduct.” ECF No. 75 ¶ 12. A complaint from Mr. Beauford resulted in a finding that Mr. Tagg’s actions violated DPS “Administration Policy G.” Id. (referencing April 1, 2024 letter from Olga Knight, Investigator, Employee Relations, Designated Employee Compliance Officer, ECF No. 75 at 24-25); id. at 25 (concluding that “it is more likely than not that [Mr. Tagg] violated Administration Policy G”). Mr. Beauford alleges that Administration Policy G was used as the basis for his own eventual termination, yet Mr. Tagg “received no comparable discipline.” Id. ¶ 12. “This stark racial disparity in enforcement,” Mr. Beauford contends, “highlights Defendant’s discriminatory practices.” Id. Furthermore, Mr. Beauford alleges that he was “repeatedly denied . . . promotions,” including to the HVAC supervisor position in December 2023, “despite [his] extensive qualifications and experience.” Id. ¶ 13. The person ultimately selected for the position was a 26- year-old African American man who, in Mr. Beauford’s view, “had unverified education and work experience[.]” Id. Mr. Beauford asserts that Keith Weston, the hiring manager who chose the candidate, “lacked training on how to hire.” Id. Mr. Beauford then took it upon himself to make his own inquiry into the selected candidate’s qualifications, which he avers “constituted protected activity as an opposition to perceived discriminatory hiring practices.” Id. ¶ 19. For this conduct, Mr. Beauford was placed on administrative leave on February 6, 2024, and ultimately terminated on February 28, 2024. Id. Based on these allegations, Mr. Beauford raises the following claims in the Third Amended complaint: (1) race discrimination and hostile work environment under 42 U.S.C. § 1981, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000 et seq., and the Colorado Case No. 1:25-cv-00590-SKC-SBP Document 130 filed 03/09/26 USDC Colorado pg 4 of 17
5 Anti-Discrimination Act, Colo. Rev. Stat. § 22-34-402 et seq. (“CADA”), id. ¶¶ 5-14; (2) a retaliation claim under § 1981, Title VII, and CADA, id. ¶¶ 15-24; (3) a claim under the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq., and CADA, id. ¶¶ 25-31; and (4) a claim under § 1981 and CADA based on alleged “due process violations/denial of union representation,” id. ¶¶ 32-39. On July 7, 2025, this court entered a Scheduling Order, setting August 21, 2025, as the deadline for joinder of parties and amendment of pleadings. ECF No. 68 at 7. Exactly two months after the amendment deadline, on October 21, 2025, Mr. Beauford filed the instant Motion to Amend. ECF No. 98. Mr. Beauford seeks leave to amend his pleading by expanding his second and fourth claims for relief to encompass a municipal liability claim pursuant to Monell v. Dep’t of Soc. Servs. of City of New York, 436 U.S. 658, 690 (1978), based on a ratification theory. See ECF No. 98 at 24 ; see also ECF No. 98-1 ¶¶ 21-23; id. ¶ 38 (alleging that “[t]he arbitrary decision making and subsequent ratification by final policymakers (as alleged in Count II) establishes the Monell elements of municipal liability for the due process violations”). Mr. Beauford argues that the proposed Fourth Amended Complaint will serve to “clarify and specify the allegations of executive ratification of retaliatory conduct [that is] crucial for Monell liability[.]” Id. To that end, the proposed Fourth Amended Complaint includes new allegations 4 Mr. Beauford also states that he wishes to amend his pleading based on “significant, material events” that have occurred since he filed the Third Amended Complaint, including his “termination from employment with the Defendant on or about March 8, 2024,” and the “denial of his “post-termination administrative appeal on or about March 27, 2024.” ECF No. 98 at 1-2. This aspect of Mr. Beauford’s rationale is not supported by the record, since both events long predate the filing of this lawsuit and, indeed, seem to have served as the impetus for it. Accordingly, the court understands the addition of a Monell claim to be Mr. Beauford’s primary justification for seeking leave to file an amended complaint. Case No. 1:25-cv-00590-SKC-SBP Document 130 filed 03/09/26 USDC Colorado pg 5 of 17
6 purporting to show “executive promotions and ratification” and “confirmed facts proving pretext and executive ratification.” ECF No. 98-1 ¶¶ 22-23. Mr. Beauford alleges that “[e]very person who was a part of the adverse employment actions taken against Plaintiff from January 6, 2020, to March 8, 2024, received no meaningful discipline and, in fact, was promoted, demonstrating the Defendant’s policy of sanctioning unlawful conduct and that these individuals directedly benefited from the adverse action taken against the Plaintiff.” Id. ¶ 22. In the Motion to Amend, Mr. Beauford asserts that he could not have apprehended this new theory of liability earlier: Diligence and New Theory (Monell): The claims related to executive ratification and municipal liability (Monell) are complex and required discovery to identify the final policymakers (Lawrence Garcia and Rich Archuletta) and their roles. This theory was not fully formed until the discovery process advanced. These facts could not have been reasonably discovered earlier despite Plaintiff’s diligence during the initial discovery stage, thus establishing Rule 16’s threshold requirement[.] ECF No. 98 ¶ 8. DPS vigorously disagrees. It asserts that the Motion should be denied because Mr. Beauford has failed to establish “any justification for the more than eight (8) week delay in filing his Motion to Amend.” ECF No. 108 at 3. DPS maintains that Mr. Beauford’s argument that the facts about “purported final policymakers Lawrence Garcia and Rich Archuletta . . . could not have been discovered earlier is meritless, as this information was not only available and known to him during the events leading to the termination of his employment, but this information was specifically listed and/or disclosed to Beauford in the District’s initial disclosures.” Id. at 4-5; see also Defendant’s Amended Initial Disclosures dated July 23, 2025, ECF No. 108-1 at 3 (disclosing Archuletta, but not Garcia, as a person with discoverable Case No. 1:25-cv-00590-SKC-SBP Document 130 filed 03/09/26 USDC Colorado pg 6 of 17
7 information DPS may use to support its defenses). DPS contends that it is prejudiced by the amendment, which it asserts must also be denied on futility grounds. ECF No. 98 at 5-15. LEGAL STANDARDS Because Mr. Beauford filed the Motion to Amend after the expiration of the deadline for amendment of pleadings, this court considers the Motion pursuant to a two-step inquiry. First, the court reviews whether Mr. Beauford, as the moving party, can demonstrate good cause for amendment pursuant to Rule 16(b) of the Federal Rules of Civil Procedure. See Gorsuch, Ltd., B.C. v. Wells Fargo Nat’l Bank Assoc., 771 F.3d 1230, 1242 (10th Cir. 2014); SIL-FLO, Inc. v. SFHC, Inc., 917 F.2d 1507, 1518 (10th Cir. 1990). Next, the court weighs whether the amendment should be allowed pursuant to Rule 15(a). Gorsuch, 771 F.3d at 1242. Under both Rules, whether to allow amendment is within the court’s sound discretion. See id. at 1240; see also Minter v. Prime Equip. Co., 451 F.3d 1196, 1204 (10th Cir. 2006). Rule 16(b) provides that a scheduling order “may be modified only for good cause and with the judge’s consent.” Fed. R. Civ. P. 16(b)(4). “In practice, this standard requires the movant to show the ‘scheduling deadlines cannot be met despite [the movant’s] diligent efforts.’” Gorsuch, 771 F.3d at 1240 (citing Pumpco, Inc. v. Schenker Int’l, Inc., 204 F.R.D. 667, 668 (D. Colo. 2001)). As pertinent here, this burden may be satisfied “if a plaintiff learns new information through discovery[.]” Id. The inquiry under Rule 16 “focuses on the diligence of the party seeking leave to modify the scheduling order to permit the proposed amendment.” XY, LLC v. Trans Ova Genetics, LC, No. 17-cv-00944-WJM-NYW, 2022 WL 2716550, at *9 (D. Colo. July 13, 2022), report and recommendation adopted, 2022 WL 4298400 (D. Colo. Sept. 19, 2022) (quoting Colo. Visionary Acad. v. Medtronic, Inc., 194 F.R.D. 684, 687 (D. Colo. 2000)). Case No. 1:25-cv-00590-SKC-SBP Document 130 filed 03/09/26 USDC Colorado pg 7 of 17
8 “A party’s delay in performing the pretrial preparation necessary to recognize a claim or defense does not satisfy Rule 16(b)(4)’s good cause standard.” Sher v. Amica Mut. Ins. Co., 722 F. Supp. 3d 1176, 1181 (D. Colo. 2024), reconsideration denied, 2024 WL 4504565 (D. Colo. Oct. 16, 2024) (citing Colo. Visionary Acad., 194 F.R.D. at 688). To warrant amendment, the court must also find that the requirements of Rule 15(a) are satisfied. Pumpco, 204 F.R.D. at 668. Rule 15(a) embodies a more liberal standard for amendment than Rule 16(b)(4), providing that “[t]he court should freely give leave when justice so requires.” Fed. R. Civ. P. 15(a)(2). Under Rule 15, “[a] general presumption exists in favor of allowing a party to amend its pleadings, and the non-moving party bears the burden of showing that the proposed amendment is improper.” Doe by & through Roe v. Cherry Creek Sch. Dist., No. 24-cv-00687-NYW-TPO, 2024 WL 4581161, at *2 (D. Colo. Oct. 25, 2024) (cleaned up) (citing Foman v. Davis, 371 U.S. 178, 182 (1962); Jefferson Cnty. Sch. Dist. No. R-1 v. Moody’s Inv. Servs., Inc., 175 F.3d 848, 859 (10th Cir. 1999)); accord, e.g., Corporate Stock Transfer, Inc. v. AE Biofuels, Inc., 663 F. Supp. 2d 1056, 1061 (D. Colo. 2009). Indeed, the purpose of Rule 15(a) is “to provide litigants ‘the maximum opportunity for each claim to be decided on its merits rather than on procedural niceties.’” Minter, 451 F.3d at 1204 (quoting Hardin v. Manitowoc-Forsythe Corp., 691 F.2d 449, 456 (10th Cir. 1982)). However, the court may refuse leave to amend “upon a showing of undue delay, undue prejudice to the opposing party, bad faith or dilatory motive, failure to cure deficiencies by amendments previously allowed, or futility of amendment.” Frank v. U.S. West, Inc., 3 F.3d 1357, 1365 (10th Cir. 1993) (citation omitted). Informed by these standards, the court turns to the parties’ arguments for and against the proposed amendment that would allow Mr. Beauford to pursue a claim against DPS based on a Case No. 1:25-cv-00590-SKC-SBP Document 130 filed 03/09/26 USDC Colorado pg 8 of 17
9 Monell ratification theory. ANALYSIS I. Mr. Beauford Has Shown Good Cause Under Rule 16(b)(4) The court finds that Mr. Beauford has demonstrated good cause for modification of the scheduling order under Rule 16(b)(4). Recall that Mr. Beauford’s explanation for missing the amendment deadline in the scheduling order by approximately eight weeks is that he needed some discovery in order to plead a Monell claim. He argues that the executive ratification theory on which his Monell claim hinges is “complex and required discovery to identify” Mr. Garcia and Mr. Archuletta as the “final policymakers.” ECF No. 98 ¶ 8. DPS counters that these names were made known to Mr. Beauford during the process that culminated in his termination and that, in any event, they were identified in DPS’s July 23, 2025 disclosures pursuant to Rule 26(a)(1)—although, in fact, Mr. Garcia’s name was not specifically disclosed in that document. See ECF No. 108-1; see also ECF No. 108 at 4-5.5 The court respectfully finds that denial of the Motion to Amend on the grounds DPS advances is not required under the precedent interpreting Rule 16(b)(4) and would not serve the interest of justice. First, an understanding that Mr. Garcia and Mr. Archuletta were involved in the events leading to Mr. Beauford’s termination does not by definition equate to an immediate appreciation that their conduct might support a Monell claim based on a ratification theory. To hold Mr. Beauford to such a standard would oblige him to act with a kind of prescience even a trained lawyer may not possess. Second, Mr. Beauford has averred that he came to the conclusion that 5 It may be that Mr. Garcia’s name appears in one or more of the documents DPS disclosed. Case No. 1:25-cv-00590-SKC-SBP Document 130 filed 03/09/26 USDC Colorado pg 9 of 17
10 he had a supportable Monell claim after reviewing discovery, which satisfies the good cause standard, see Gorsuch, 771 F.3d at 1240, and DPS has not meaningfully disputed that contention. Too, the timing alone, with Mr. Beauford seeking leave to amend two months after the joinder deadline and three months into the discovery period, does not compel a finding of lack of diligence on his part—the focus of this court’s inquiry under Rule 16(b)(4). See id.; see also Minter, 451 F.3d at 1205 n.4 (noting the “rough similarity” between the good cause standard under Rule 16(b) and the undue delay analysis under Rule 15). Without question, a scheduling order “is not a frivolous piece of paper, idly entered, which can be cavalierly disregarded by counsel without peril.” Washington v. Arapahoe Cty. Dep’t of Soc. Servs., 197 F.R.D. 439, 441 (D. Colo. 2000) (quotation omitted). But the court has discretion to view the request for amendment in light of the totality of the circumstances, recognizing that “[a]lthough the scheduling order defines the boundaries of litigation and assists parties in preparing for trial, the Tenth Circuit has encouraged district judges to remain flexible in allowing amended pleadings.” ClearCapital.com, Inc. v. Computershare, Inc., No. 18-cv- 00817-RBJ, 2019 WL 1573300, at *2 (D. Colo. Apr. 11, 2019) (citing Summers v. Missouri Pac. R.R. Sys., 132 F.3d 599, 604 (10th Cir. 1997)). When it comes to modifying a scheduling order, “total inflexibility is undesirable.” Summers, 132 F.3d at 604. Mr. Beauford’s actions here do not evince “the type of carelessness that the good cause standard is meant to address.” Perkins v. Fed. Fruit & Produce Co., No. 11-cv-00542-REB- KLM, 2011 WL 3820751, at *3 (D. Colo. Aug. 29, 2011) (citing Pumpco, 204 F.R.D. at 668). Viewing the situation through the prism of hindsight, perhaps Mr. Beauford might have earlier raised a Monell claim, but “the court’s focus is on diligence, not perfection.” See Schacht v. Case No. 1:25-cv-00590-SKC-SBP Document 130 filed 03/09/26 USDC Colorado pg 10 of 17
11 Collins, No. 23-cv-00709-PAB-SBP, 2025 WL 2778158, at *3 (D. Colo. Sept. 30, 2025); see also Culver v. Saint Francis Health Sys., Inc., No. 24-CV-0078-CVE-MTS, 2025 WL 2848493, at *3 (N.D. Okla. Oct. 8, 2025). The court concludes that Mr. Beauford has shown that he exercised diligence and thus has demonstrated that good cause exists to amend the Scheduling Order. The court therefore turns to the parties’ arguments under Rule 15. II. DPS Has Not Shown that Leave Should Be Denied Under Rule 15(a) While Rule 15(a) provides that leave to amend “shall be freely given when justice so requires,” Fed. R. Civ. P. 15(a)(2), the court may deny leave to amend upon a showing of futility, bad faith, undue delay, or undue prejudice. Frank, 3 F.3d at 1365. As the non-moving party, DPS bears the burden of demonstrating that amendment is not warranted under Rule 15. Moody’s, 175 F.3d at 859. DPS contends that the amendment must be denied on grounds of prejudice and futility. The court is respectfully unpersuaded by DPS’s arguments, on either point.6 A. Prejudice DPS argues that it would be prejudiced by the court’s acceptance of the proposed amendment because it raises “a new legal theory of municipal liability that would “expand[] the scope of [DPS’s] defenses[.]” ECF No. 108 at 14. Perhaps true, on some level, but not of significant consequence to the court’s analysis here in light of the consistency in the subject matter between the current claims and the claim Mr. Beauford seeks to add. “Courts typically find prejudice only when the amendment unfairly affects the defendants ‘in terms of preparing their defense to the amendment.’” Minter, 451 F.3d at 1208 (quoting 6 Neither would the record here support a finding of undue delay or bad faith, had DPS raised those arguments. Case No. 1:25-cv-00590-SKC-SBP Document 130 filed 03/09/26 USDC Colorado pg 11 of 17
12 Patton v. Guyer, 443 F.2d 79, 86 (10th Cir. 1971)). “Most often, this occurs when the amended claims arise out of a subject matter different from what was set forth in the complaint and raise significant new factual issues.” Id. (citations omitted). Here, DPS offers little explanation as to how it would be prejudiced, in light of the similarities in the factual underpinnings between the claims Mr. Beauford is currently raising and his proposed municipal liability claim. Indeed, if Mr. Beauford has long known about Mr. Garcia’s and Mr. Archuletta’s involvement in his termination process, see ECF No. 108 at 4-5, so has DPS, thus negating the existence of “significant new factual issues” attendant on the addition of a Monell claim. Minter, 451 F.3d at 1208. DPS emphasizes that it has already responded to significant written discovery, ECF No. 108 at 15, but that does not establish that DPS will be prejudiced by the amendment. It appears probable that the discovery previously produced would equally bear on Mr. Beauford’s new— but in no respect wholly dissimilar—theory of liability. On this record, then, the court cannot conclude that the proposed “amended claim[] arise[s] out of a subject matter different from what was set forth in the [Third Amended Complaint] and raise[s] significant new factual issues.” See Minter, 451 F.3d at 1208; see also Gillette v. Tansy, 17 F.3d 308, 313 (10th Cir. 1994) (finding no evidence of prejudice when the “Petitioner’s [amended] claims track the factual situations set forth in his [original] claims”); Childers v. Indep. Sch. Dist. No. 1, 676 F.2d 1338, 1343 (10th Cir. 1982) (finding that the district court’s refusal to allow an amendment was “particularly egregious in this case because the subject matter of the amendment was already alleged in the complaint”). For these reasons, prejudice—the “most important factor” in assessing whether leave Case No. 1:25-cv-00590-SKC-SBP Document 130 filed 03/09/26 USDC Colorado pg 12 of 17
13 should be denied, see Minter, 451 F.3d at 1207—is absent here. B. Futility The primary justification for DHS’s opposition to the Motion to Amend is that the proposed amendment is futile. See ECF No. 108 at 5-14. DHS offers a detailed explication of what it asserts to be fatal pleading deficiencies in each claim, and argues that the additional allegations in the proposed Fourth Amended Complaint either are already alleged (at least in some form) in the Third Amended Complaint or do not repair the existing pleading defects so as to enable Mr. Beauford to state any plausible claim for relief. See id. at 5 (“the FAC [proposed Fourth Amended Complaint] still fails to state plausible race or age discrimination claims”); id. at 7 (“The FAC adds no allegations to support a plausible hostile work environment claim.”); id. at 8 (“Beauford’s FAC still fails to allege a plausible retaliation claim.”). As to the proposed Monell claim, DHS submits a detailed, four-page analysis of the purported pleading deficiencies in that new claim which, in DHS’s view, would compel its dismissal. Id. at 10-14. The court is respectfully unpersuaded by DHS’s futility argument. The proposed amendment is not so facially deficient as to prompt this court to exercise its discretion to preemptively preclude its being filed, and its viability assessed, on more fulsome briefing in the context of a dispositive motion. “A proposed amendment is futile if the complaint, as amended, would be subject to dismissal.” Gohier v. Enright, 186 F.3d 1216, 1218 (10th Cir. 1999). “The futility question is functionally equivalent to the question whether a complaint may be dismissed for failure to state a claim.” Id. (citation omitted). However, where a proposed amended complaint is not “patently futile on its face,” judges in this District have expressed a disinclination—shared by this judicial Case No. 1:25-cv-00590-SKC-SBP Document 130 filed 03/09/26 USDC Colorado pg 13 of 17
14 officer—to deny a motion to amend on futility grounds. See, e.g., Combs v. Nordstrom, Inc., No. 22-cv-00150-RMR-NRN, 2022 WL 2865985, at *4 (D. Colo. July 21, 2022), objection overruled, 2022 WL 17534122 (D. Colo. Aug 17, 2022); Electro-Mechanical Prods, Inc. v. Alan Lupton Assocs., No. 22-cv-00763-PAB-SBP, 2023 WL 5152627, at *3 (D. Colo. July 10, 2023) (“Denying a motion to amend based on futility is uncommon in this District and usually involves claims that are facially unsupported in the proposed amendment.”). Upon a careful review of the well-pleaded facts in the proposed Fourth Amended Complaint, the court cannot conclude that Mr. Beauford’s proposed municipal liability claim is “patently futile on its face.” See Combs, 2022 WL 2865985, at *4. This conclusion flows from the court’s obligation to consider the contextual support for Mr. Beauford’s factual averments provided by the documents he has chosen to incorporate into his pleading. See Gee, 627 F.3d at 1186. DHS’s futility argument does not fully acknowledge, let alone grapple with, the implications of this record. Nor does it acknowledge the governing legal principle that, in assessing whether to dismiss a complaint for failure to state a claim, the court must “accept all well-pleaded facts as true, view them in the light most favorable to the plaintiff, and draw all reasonable inferences in the plaintiff’s favor.” Swint v. Dish Network, No. 23-4098, 2023 WL 8074820, at *1 (10th Cir. Nov. 21, 2023) (unpublished) (citing Brooks v. Mentor Worldwide LLC, 985 F.3d 1272, 1281 (10th Cir. 2021)). The court finds, exercising its discretion, that DHS’s legal arguments concerning the viability of the proposed Monell claim would be more efficiently raised in a dispositive motion. Such a motion might take the form of a renewed motion to dismiss. But it strikes the court that DHS’s arguments go more to the merits of the proposed claim than to whether it can withstand a Case No. 1:25-cv-00590-SKC-SBP Document 130 filed 03/09/26 USDC Colorado pg 14 of 17
15 motion to dismiss. In these circumstances, and given the substantial progress of discovery in this matter, DHS’s position likely would be more efficiently presented in a motion for summary judgment under Federal Rule of Civil Procedure 56. Put otherwise, “[r]ather than forcing a . . . motion for summary judgment argument into a response to the Motion to Amend, [DHS] is better served by having an opportunity to fully brief the merits of the allegations upon appropriate motion.” Swanson v. N. Light Specialty Ins. Co., No. 20-cv-03778-RMR-NRN, 2022 WL 500294, at *5 (D. Colo. Feb. 18, 2022), objections overruled, 2022 WL 22826787 (D. Colo. Mar. 31, 2022); see also, e.g., Fuller v. REGS, LLC, No. 10-cv-01209-WJM-CBS, 2011 WL 1235688, *3 (D. Colo Mar. 31, 2011) (“The matter is better addressed in a motion to dismiss or motion for summary judgment, not here in the context of Rule 15(a).”); Carefusion 213, LLC v. Professional Disposables, Inc., No. 09-2616-KHV-DJW, 2010 WL 4004874, *6 (D. Kan. Oct. 12, 2010) (“Defendants’ arguments are better suited for resolution on a motion for summary judgment than a motion to amend.”). Irrespective of how DHS’s arguments are ultimately presented, this court finds it inappropriate to conduct a merits analysis in connection with Mr. Beauford’s Motion to Amend. For these reasons, the court respectfully disagrees with DPS that, at this juncture, Mr. Beauford’s proposed amendment would necessarily be futile. Accordingly, the court will grant the Motion to Amend.7 7 The court takes note of DHS’s assertion that the proposed Fourth Amended Complaint “add[s] allegations to support a claim for punitive damages against the District,” and that “[i]t is well established . . . that punitive damages are unavailable against a school district under Colo. Rev. Stat[.] 24-10-114(4) or under 42 U.S.C. § 1983.” ECF No. 108 at 14 (citing Brammer-Hoelter v. Twin Peak Charter Academy, 81 F. Supp. 2d 1090, 1101 (D. Colo. 2000)). However, Mr. Case No. 1:25-cv-00590-SKC-SBP Document 130 filed 03/09/26 USDC Colorado pg 15 of 17
16 CONCLUSION For the foregoing reasons, it is respectfully ORDERED that: (1) Plaintiff’s Motion for Leave to File Fourth Amended Complaint (ECF No. 98) is GRANTED; (2) Plaintiff’s Fourth Amended Complaint (ECF No. 98-1) shall be the operative complaint in this matter; and (3) Within seven days of the date of this Order, Plaintiff shall file as a separate docket entry all exhibits referenced in the Fourth Amended Complaint, which are found in other places in the docket but which are not separately appended to the Fourth Amended Complaint.8 Beauford also claims entitlement to punitive damages in the Third Amended Complaint, ECF No. 75 at 9 (seeking an award of “punitive damages to deter Defendant from similar conduct in the future”), and DHS did not mention the punitive damages issue in its motion to dismiss that complaint. See generally ECF No. 78. While DHS may be correct in its assessment of the punitive damages issue, this court has located no case other Brammer-Hoelter on this point, and the plaintiffs in that matter conceded that exemplary damages were not available. See 81 F. Supp. 2d at 1101. Having determined that the Motion to Amend will be granted, the court deems it appropriate for all challenges to the Fourth Amended Complaint—including any concerning the availability of exemplary damages—to be addressed in the context of a dispositive motion. 8 Rule 72 of the Federal Rules of Civil Procedure provides that within fourteen (14) days after service of a Magistrate Judge’s order or recommendation, any party may serve and file written objections with the Clerk of the United States District Court for the District of Colorado. 28 U.S.C. §§ 636(b)(1)(A), (B); Fed. R. Civ. P. 72(a), (b). Failure to make any such objection will result in a waiver of the right to appeal the Magistrate Judge’s order or recommendation. See Sinclair Wyo. Ref. Co. v. A & B Builders, Ltd., 989 F.3d 747, 783 (10th Cir. 2021) (firm waiver rule applies to non-dispositive orders); but see Morales-Fernandez v. INS, 418 F.3d 1116, 1119, 1122 (10th Cir. 2005) (firm waiver rule does not apply when the interests of justice require review, including when a “pro se litigant has not been informed of the time period for objecting and the consequences of failing to object”). Case No. 1:25-cv-00590-SKC-SBP Document 130 filed 03/09/26 USDC Colorado pg 16 of 17
17 DATED: March 9, 2026 BY THE COURT: ______________________________ Susan Prose United States Magistrate Judge Case No. 1:25-cv-00590-SKC-SBP Document 130 filed 03/09/26 USDC Colorado pg 17 of 17
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