DENVER (LN) — U.S. Magistrate Judge Kathryn A. Starnella on Tuesday granted a stay of discovery in the consolidated civil rights class action Hiehle et al v. Aber et al, pausing the case until Aug. 21, 2026, one week after Aber’s criminal trial is scheduled to begin.
The order, filed May 12, stays Aber’s responsive pleading deadline and all discovery until Aug. 21, 2026. The stay does not apply to the pending motions to dismiss filed by La Plata County defendants.
The consolidated lawsuits allege that Aber accessed and viewed video recordings of inmates subjected to strip searches for his own sexual gratification. The plaintiffs also assert claims against La Plata County and its sheriff’s office for failing to intervene in or adequately supervise Aber’s conduct.
Aber faces 118 criminal counts in state court arising alleged conduct. His criminal trial is set to begin Aug. 10, 2026, in La Plata County.
Starnella applied a six-factor test to determine whether the interests of justice required a stay of the civil proceedings pending the outcome of the parallel criminal case. She concluded that the first factor — the extent of overlap between the criminal and civil cases — weighed heavily in favor of a stay, noting that the primary wrongful conduct centered on Aber.
The magistrate judge rejected arguments from the C.B. Plaintiffs, a group of putative class members, who opposed the stay. They argued that a delay would prejudice their ability to collect on a judgment, particularly if Aber’s criminal conviction prevented La Plata County from indemnifying him under Colorado law.
Starnella acknowledged the plaintiffs’ interest in protecting their ability to collect but found it did not outweigh Aber’s Fifth Amendment interests. She noted that the case was in its early stages and that the motions to dismiss were not yet fully briefed, undermining the plaintiffs’ argument that they were racing to a judgment.
The court also cited the risk that civil discovery could expose Aber’s criminal defense strategy to the prosecution, particularly given the substantial overlap between the putative class members and the criminal victims.
In a separate ruling within the same order, Starnella granted a motion by the Hiehle Plaintiffs to stay their individual claims pending a ruling on class certification for the C.B. Plaintiffs. This allows the Hiehle Plaintiffs to decide whether to join the putative class or proceed individually without expending further resources.
The Hiehle Plaintiffs’ deadline to respond to the La Plata County Defendants’ motion to dismiss is May 15, 2026. Aber must file a status report on his criminal proceedings by Aug. 21, 2026, at which time the court will determine whether to extend the stay.