Tag: magistrate judge scott varholak
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10th Circuit rules State Farm not required to pay benefits in I‑25 swerving crash
The Denver-based federal appeals court concluded last week that two vehicle occupants who were injured while swerving to avoid a man in the middle of Interstate 25 are not entitled to insurance benefits. Plaintiffs Stephanie Mazur and Julia Wunder were in a vehicle insured by State Farm at the time of their wreck. The insurance…
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Federal judge rejects Tina Peters’ request for release pending appeal
A federal judge rejected the petition of former Mesa County clerk Tina Peters on Monday to be released from incarceration pending the resolution of her criminal appeal. Chief U.S. Magistrate Judge Scott T. Varholak wrote in a Dec. 8 order that Peters satisfied none of the criteria that permit federal courts to intervene in ongoing…
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Federal judge finds no civil rights violation for Black family alleging discrimination at Chili’s
A federal judge concluded last week that a Black family’s negative experience at a Denver Chili’s restaurant was not the product of intentional racial discrimination, but rather the staff’s belief that the customers previously walked out without paying for their meal. Markesha Futrell-Smith filed claims under state and federal civil rights law, alleging a Chili’s…
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Colorado’s federal judges recused 200+ times in 4 years for variety of reasons
A handful of magistrate judges accounted for a large portion of the recusals
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Federal judge finds no constitutional violation of inmate’s right to religious diet
A federal judge ended a 5-year-old lawsuit against the state last week by agreeing an incarcerated man had not shown the religious diet served to him in prison violated his rights. Russell M. Boles in 2019 sued the Colorado Department of Corrections, the food service administrator and a rabbi contracted to consult about kosher diets…
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Federal judge dismisses Denver parent’s lawsuit seeking to put ‘straight pride’ flag in classrooms
A federal judge on Thursday dismissed a lawsuit from a Denver Public Schools parent who sought to force the district to honor his request to display “straight pride” flags in his children’s classrooms. Nathan Feldman brought suit on behalf of himself and his two children, alleging discrimination and a violation of the First Amendment stemming…
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10th Circuit dismisses excessive force lawsuit over Lakewood police’s ‘ambush’ of man
The federal appeals court based in Denver dismissed an excessive force lawsuit earlier this month from a man who alleged Lakewood police hid outside his home, failed to identify themselves as law enforcement, then shot him. In Eric St. George’s telling, police officers planted themselves outside his building close to midnight and called him multiple…
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Federal judge sanctions plaintiff $5,000 for ‘baseless’ filings, ‘misogynistic attacks’
A federal judge on Monday ordered a self-represented plaintiff to pay $5,000 for a string of offensive actions, including his treatment of a female attorney, meritless motions and refusal to correct his conduct after being warned. Although U.S. District Court Senior Judge Raymond P. Moore did not cite Ethan West-Helmle’s attacks on him — which resembled…
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Divided 10th Circuit keeps ‘zombie’ claims alive against federal prison officials
The federal appeals court based in Denver rejected the appeal of prison officials accused of using excessive force against an incarcerated man, reasoning earlier this month that even if the U.S. Supreme Court’s precedent means the claims will ultimately fail, an immediate appeal was not the answer. The appeal from the Federal Bureau of Prisons…
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Another federal judge calls on Congress to roll back SCOTUS limitation on suing federal officials
Two federal judges in Colorado have now taken the rare step of calling for Congress to roll back the U.S. Supreme Court’s broad limitations on suing federal officials for money when they violate plaintiffs’ constitutional rights. U.S. District Court Senior Judge Christine M. Arguello, in dismissing the claims of an incarcerated man who alleged federal prison…