magistrate judge michael hegarty
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Federal judge agrees colleague need not recuse in case due to prior employment
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A federal judge agreed last week that her colleague, a new appointee to Colorado’s U.S. District Court after a career representing the federal government, does not need to recuse from a recent civil case brought against the government. U.S. Magistrate Judge Susan Prose joined the federal trial court earlier this year, appointed by the life-tenured…
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Colorado’s federal trial court experienced record trial delay, historic acquittal rate in 2022
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Colorado’s federal trial court last year saw civil cases take an unprecedented amount of time – more than 43 months since filing, on average – to reach a jury trial, as well as a historically high rate of acquittals in criminal cases. On Aug. 30, U.S. Magistrate Judge Michael E. Hegarty presented a wide-ranging statistical report about…
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Federal judge sides with Denver in ex-firefighter’s discrimination lawsuit
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A federal judge determined last week that an aspiring firefighter who sued Denver for allegedly discriminating against her had not proven the city unlawfully terminated her because of race, sex or disability. Charmaine Cassie, who is Black, alleged Denver unreasonably declined to extend her leave from the fire department in accordance with her doctor’s orders,…
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‘An Energizer Bunny’: Susan Prose ceremonially sworn in as federal judge
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The last time the federal government shut down, many employees needed to halt their work until Congress and the White House resolved the funding dispute. For Susan Prose, a lawyer with the U.S. Attorney’s Office at the time, it was reportedly her “personal hell.” Kevin Traskos, a supervisor in the office, said after a few…
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10th Circuit allows jury to decide multimillion-dollar antitrust lawsuit
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A jury will decide whether a manufacturer broke the law by threatening its customers with retaliation if they bought product from a rival supplier, the federal appeals court based in Denver ruled on Monday. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit found a trial judge wrongly sided with defendant…
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Federal judge sends Muslim inmate’s lawsuit to trial over denial of religious diet
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A jury will decide whether Colorado Department of Corrections officials violated an incarcerated man’s rights by terminating his religious diet when he purchased multiple items that allegedly were in conflict with his meal plan. On Aug. 3, U.S. District Court Senior Judge William J. Martínez agreed a jury could believe Ray Anthony Smith’s claims that prison…
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Durango officials immune from suit despite questions about probable cause, 10th Circuit rules
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The federal appeals court based in Denver acknowledged on Monday that there were “valid questions” about whether Durango police had probable cause to arrest a man, but ultimately awarded immunity to the officers and prosecutors for their unsuccessful criminal case against the suspect. Christopher Joe Clark alleged law enforcement should not have arrested him for…
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10th Circuit agrees Colorado Judicial Department did not engage in discriminatory hiring
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The federal appeals court based in Denver agreed on Tuesday that an unsuccessful applicant for a job with the Colorado Supreme Court failed to show her age and race were factors in the hiring decision. Michele Brown filed suit against the Colorado Judicial Department, alleging violations of federal and state civil rights law in the…
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Colorado federal judges provide candid look at applying to bench
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Scott T. Varholak has roughly 400 cases he is responsible for as a federal magistrate judge. But despite the heavy workload, he is still able to step away from the courtroom in the afternoon to take his daughter to play sports, returning to his caseload at night. “The hours are long, but they’re a lot…
