magistrate judge scott varholak
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Federal judge overturns order to keep bank robbery defendant detained pretrial
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A federal judge on Tuesday reversed an order to keep a man accused of bank robbery detained pending trial, while acknowledging it was a “close question” whether to release the defendant on home detention with GPS monitoring. In a Sept. 16 order, U.S. District Court Senior Judge William J. Martínez concluded the government failed to…
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Federal judge finds no civil rights violation for Black family alleging discrimination at Chili’s
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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
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Colorado’s federal judges issued orders recusing themselves from cases at least 203 times in four years, with reasons ranging from unspecified appearances of partiality to potential conflicts created by their prior employment and family connections. One judge also noted in recusing himself that if he ruled against an attorney who was his personal friend, “it…
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Federal judge dismisses $50 million defamation lawsuit from woman called ‘prostitute’ at party
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A federal judge last week dismissed a woman’s defamation lawsuit that sought $50 million in damages after a party guest allegedly called her a “prostitute” to others in attendance. “No one likes being called names. But not every alleged insult gives rise to a lawsuit in federal court,” wrote U.S. District Court Judge Charlotte N.…
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Federal judge IDs flaw with Tina Peters’ request for release
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A federal judge on Monday warned former Mesa County clerk Tina Peters that her request to be released while she appeals her 2024 criminal convictions appears to be brought improperly and may be subject to dismissal. Jurors convicted Peters for her role in a security breach of her office’s voting equipment. She is currently serving a…
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Yes, no, maybe so: Federal judge gets different answers about power to address US ‘interest’ in Tina Peters case
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Last week, a federal judge asked three different entities whether he had the authority to discard the United States’ “statement of interest” in a civil case brought by convicted Mesa County clerk Tina Peters. This week, he received three different answers. Mesa County jurors convicted Peters in 2024 for her role in a security breach of…
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Federal judge allows excessive force claims to proceed against Moffat County, Craig officers
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A federal judge last week permitted a man’s excessive force claims to proceed against law enforcement officers from Craig and Moffat County, who allegedly rammed him with a car as he was walking away with his hands in the air. Chief U.S. Magistrate Judge Scott T. Varholak noted that plaintiff Tanner Sholes, as alleged, was…
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Federal judge lets prisoner’s claim proceed over strip search video shared with others
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A federal judge agreed last week that an incarcerated man’s claims could proceed against two state corrections employees, alleging they retaliated against him for complaining about recorded strip searches and also showed the video of one search to inmates and staff. Representing himself, Ryan James Griffin filed suit based on multiple strip searches he underwent…
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Federal judge dismisses claim against coordinator of prison training exercise gone wrong
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A federal judge ruled on Tuesday that the alleged coordinator of a prison training exercise could not be held liable for excessive force when the simulation took a turn for the worse and employees actually attacked each other. As part of a 2019 hostage training at Federal Correctional Complex, Florence, prison employees punched, shot simulated bullets…
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Federal judge finds no constitutional violation of inmate’s right to religious diet
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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…
