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The United States District Court District of Colorado
901 19th St, Denver, CO 80294 | (303) 844-3433
Plaintiff: Joshua Abrams
v.
Defendant(s): Division of Unemployment Insurance,
251 E 12th Ave Denver, CO 80203
[Joe Barela, Jeff Fitzgerald, John/Jane Doe(s) ]
▲COURT USE ONLY▲
Joshua Abrams, Pro Se | abramslive@gmail.com |609-968-9360
10722 N Parfet Street Westminster Colorado 80021
Case Number:
1:24-cv-03390-RTG
Division: Courtroom
EMERGENCY INJUNCTION
Plaintiff, appearing pro se, indigent, and disabled, respectfully moves this Court for an
emergency injunction against the Colorado Division of Unemployment Insurance , Defendant(s)
due to its ongoing unconstitutional denial of access to critical unemployment benefits, its failure
to maintain accessible communication channels, and its systemic violations of the First and
Fourteenth Amendments and the Americans with Disabilities Act (ADA). Immediate judicial
intervention is necessary to prevent irreparable harm.
Plaintiff filed this action about a month ago seeking relief for unpaid benefits and
constitutional violations from Defendant’s mishandling of his claim two years prior. At that time,
delays were excessive but marginally functional. Now, the system has collapsed—phone lines
are unreachable, online portals offer no recourse, and in-person assistance is nonexistent. The
situation is far worse than anticipated, leaving Plaintiff and countless others in a financial crisis
without due process. Immediate judicial intervention is necessary to address this escalating harm.
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FILED
UNITED STATES DISTRICT COURT
DENVER, COLORADO
JEFFREY P. COLWELL, CLERK
11:55 am, Feb 26, 2025
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FACTUAL BASIS FOR RELIEF
1. Systemic Denial of Benefits Without Due Process:
○ Plaintiff applied for unemployment benefits on January 31, 2025, received an
approval letter confirming eligibility and benefit amount, yet has been unable to
access funds due to an unexplained “integrity hold” that provides no clear reason,
instruction, or means to resolve.
○ Defendant has not provided a mechanism for claimants to contest or inquire about
these holds, effectively depriving Plaintiff and countless others of their right to
due process.
2. Plaintiff’s Effort to Contact :
○ Plaintiff has made diligent, documented attempts to resolve the “integrity hold”
on his unemployment benefits claim through Defendant’s communication
channels, to no avail. This week alone, Plaintiff placed the following unanswered
calls to Defendant’s designated phone line:
● Monday, February 24, 2025: 8:24 a.m., 9:02 a.m., 10:46 a.m., 11:37 a.m.,
2:24 p.m., 3:50 p.m.
● Tuesday, February 25, 2025: 1:06 p.m., 3:29 p.m.
● Wednesday, February 26, 2025: 9:05 a.m., 10:40 a.m.
The phone system appears entirely nonfunctional, offering no option to speak with a live
agent, request accommodations, or obtain status updates on claims. Calls either disconnect,
direct to an automated AI system incapable of addressing Plaintiff’s issue, or indicate the
“queue is full” without disclosing its size or estimated wait time. The online portal similarly
lacks any mechanism for direct communication or resolution, redirecting users to the same
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inoperative phone line. Even in-person visits to Defendant’s office have proven futile, as staff
provide only a phone number identical to the one already attempted and assert the queue is
full, offering no alternative assistance. This complete absence of operational communication
channels, coupled with no visible progress on processing claims, leaves Plaintiff with no
viable path to redress. The systemic breakdown effectively denies Plaintiff access to critical
unemployment benefits, exacerbating financial hardship and constituting immediate,
irreparable harm necessitating urgent judicial intervention.
3. Complete Lack of Accessible Communication and Assistance:
○ Defendant’s online portal does not allow direct messaging or inquiry regarding
claims.
○ Defendant’s only listed contact is a singular phone number that has been
completely non-functional—calls are immediately rejected as the queue is “full”
regardless of the time of day. There is no callback option, appointment
scheduling, or alternative contact method.
○ The accessibility feature on Defendant’s website offers only general feedback
submission and a limited 30-minute service ONLY for the blind, failing to address
broader communication needs, particularly for disabled individuals like Plaintiff.
○ Public records and statements from other state agencies indicate that thousands of
individuals have reported similar issues, confirming that this is a systemic failure
affecting a significant portion of claimants.
4. Immediate and Ongoing Harm to Plaintiff and Others:
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○ Plaintiff’s lack of access to approved benefits has resulted in an inability to pay
rent, car insurance, and vehicle registration, placing Plaintiff at risk of eviction,
financial penalties, and legal consequences for driving an unregistered vehicle.
○ These economic hardships directly result from Defendant’s unlawful withholding
of benefits and lack of accessible recourse, amounting to irreparable harm.
○ Disabled individuals, including Plaintiff, are disproportionately affected due to the
complete absence of accessible communication channels, further exacerbating the
constitutional and statutory violations at play.
REQUESTED RELIEF
Plaintiff respectfully requests that this Court grant the following emergency injunctive relief:
1. Establishment of Accessible Communication Channels
An order mandating Defendant to implement, within fourteen (14) days of this Court’s
ruling, the following functional and accessible communication mechanisms for
unemployment claimants, including Plaintiff:
a. Restore and maintain a fully operational telephone service with sufficient staffing to
allow claimants to inquire about their claims, with average hold times not exceeding
thirty (30) minutes, or such time seemed reasonable or accessible;
b. Implement a callback or appointment scheduling system, operational within the
unemployment claims portal or via telephone, ensuring claimants can schedule a call with
an agent within two (2) business days of their request; and
c. Provide a secure online messaging system within the unemployment portal, enabling
claimants to submit inquiries and receive written responses from an agent within three (3)
business days.
2. Compliance with the Americans with Disabilities Act (ADA)
An order requiring Defendant to, within fourteen (14) days of this Court’s ruling, ensure
full compliance with Title II of the ADA by providing disabled claimants, including
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Plaintiff if applicable, with effective and accessible means to apply for, inquire about, and
receive unemployment benefits. This includes, but is not limited to:
a. Offering alternative communication methods (e.g., text telephone services, video relay,
or email support) for claimants with hearing, speech, or other disabilities; and
b. Ensuring that all online portals and telephone systems are compatible with assistive
technologies commonly used by individuals with disabilities.
3. Expedited Relief and Ongoing Oversight
Given the immediate and irreparable harm caused by the ongoing deprivation of
unemployment benefits and the absence of effective communication or redress, Plaintiff
requests:
a. An expedited hearing on this motion for preliminary injunction within seven (7) days
of filing; and
b. A requirement that Defendant submit a compliance report to this Court within thirty
(30) days of the order, detailing actions taken to satisfy the above directives, with the
Court retaining jurisdiction to enforce compliance.
Plaintiff submits that this relief is necessary to prevent further constitutional violations, including
violations of due process under the Fourteenth Amendment, and to avert severe financial
hardship constituting irreparable harm. The requested timelines and specifics are designed to
balance urgency with feasibility, ensuring Defendant can reasonably comply while addressing
Plaintiff’s immediate needs.
The Defendant’s complete lack of communication channels constitutes a clear violation of
Plaintiff’s First Amendment rights. The First Amendment protects the right to petition the
government for redress of grievances, which includes seeking resolution for withheld
unemployment benefits—a recognized property entitlement. By maintaining a system where
phone lines (e.g., 303-318-9000) are perpetually nonfunctional, online portals offer no direct
contact, and in-person visits yield no assistance, Defendant indiscriminately blocks all avenues
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for Plaintiff to communicate with the agency or challenge the “integrity hold.” This total barrier
prevents Plaintiff from petitioning for his entitled benefits, rendering the constitutional right
meaningless.
This same absence of communication also violates the Fourteenth Amendment’s due process
clause, compounding the First Amendment harm. Due process requires notice and an opportunity
to be heard before depriving someone of a property interest, such as approved unemployment
benefits. Defendant provides neither. The “integrity hold” lacks explanation, and the system
offers no process—let alone a fair one—to contest it. With no functional phone support, no
messaging option, and no in-person recourse, Plaintiff is left powerless to address the
deprivation, a failure worsened by the inability to even petition for relief as guaranteed by the
First Amendment.
As a disabled individual with autism, Plaintiff is uniquely harmed by this systemic breakdown.
Clear communication channels are essential for Plaintiff to navigate government services without
triggering severe mental health challenges. The lack of any accessible means to resolve this
issue—despite Plaintiff’s documented efforts—has led to frustration, depression, and anxiety, at
times causing Plaintiff to lash out unfairly at home and in broader social interactions. Disabled
individuals like Plaintiff, who are more susceptible to mental health spirals, face disproportionate
harm from Defendant’s refusal to provide basic access. This not only exacerbates Plaintiff’s
financial crisis but threatens further deterioration of his mental well-being, amplifying the
irreparable harm at stake.
Regarding exhibits and evidence, Plaintiff contends that requiring sworn affidavits from
phone operators or additional external evidence places an unreasonable burden on an indigent,
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disabled, and self-represented party. Plaintiff can provide call records, screenshots of the online
portal, and other documentation within his limited means, should the Court request specific
exhibits. This willingness to comply reflects Plaintiff’s good faith, but he respectfully asks the
Court not to demand excessive or unnecessary submissions upfront. The evidence of Defendant’s
nonfunctional system is self-evident, accessible even to the Court by dialing 303-318-9000 and
experiencing the “full queue” rejection firsthand.
Plaintiff appreciates the Court’s extension and understands the case may be pending review.
However, the urgency of this motion extends beyond Plaintiff, as systemic failures in the
unemployment system are depriving thousands of due process and essential benefits. With no
communication access and arbitrary holds, immediate intervention is needed to prevent further
harm to vulnerable individuals.
________________________________________
Date: 02-026-2025 | ❑Petitioner/Plaintiff
Joshua Abrams, Pro Se
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