magistrate judge scott varholak
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Federal judge takes no action against ICE in Colorado after hearing about mistakes, not ‘blatant violations’
A federal judge declined to take action against U.S. Immigration and Customs Enforcement on Thursday after hearing that a pattern of alleged lawbreaking amounted to mistakes and a misunderstanding of the government’s position in court. For nearly a year, Colorado’s U.S. District Court has faced a flood of “habeas corpus” petitions from those in immigration detention. The…
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10th Circuit upholds finding of no racial discrimination against family at Denver Chili’s
The Denver-based federal appeals court agreed on Wednesday that a Black plaintiff failed to show that a Chili’s manager’s request for her family to provide valid payment at the outset of their meal amounted to racial discrimination. Markesha Futrell-Smith filed claims under state and federal civil rights law, alleging a Denver Chili’s restaurant treated her…
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Federal judge holds off on dismissing formerly bankrupt medical contractor from Jeffco jail death lawsuit
A federal judge declined on Monday to dismiss the formerly bankrupt medical contractor from a lawsuit over a detainee’s death in Jefferson County jail, but indicated she would do so if the plaintiffs’ attorneys go through the process to ensure they can collect damages for any successful claims. The surviving son and mother of Abby…
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Federal judge declines to dismiss First Amendment retaliation claim against prison official
A federal judge agreed last month that an incarcerated Native American woman may pursue her claim of First Amendment retaliation against a prison official who allegedly interfered with her religious exercise. Yvonne Peterson resided at Buena Vista Correctional Facility for a portion of 2025. Since age 8, she practiced her Native American religion, including through…
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Federal judge clarifies ex-GOP treasurer candidate’s burden to prove defamation claims
A federal judge clarified last week that businessman and former Republican statewide candidate Brian Watson will need to surmount a higher hurdle in proving his claim that a party guest’s alleged description of him as a “criminal” amounted to defamation. Watson was the GOP nominee for Colorado treasurer in 2018 and a 2012 candidate for…
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Ex-attorney cannot remain anonymous while suing Colorado judicial branch, says 10th Circuit
The Denver-based federal appeals court concluded last month that a former attorney cannot mask her identity while suing the Colorado Judicial Department for alleged improprieties in her disability and disbarment proceedings. “Jane Roe,” representing herself, sued the Judicial Department and attorney regulators in 2024. She accused the defendants of discrimination, defamation, and violations of her…
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10th Circuit rebuffs government, rules against shift to mandatory immigration detention
The Denver-based federal appeals court ruled on Tuesday against the government’s broad assertion of authority to keep people in immigration custody without the opportunity to demonstrate their suitability for release on bond. Although the regional appeals courts have reached different conclusions on the subject, the U.S. Court of Appeals for the 10th Circuit decided the…
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U.S. government declines to oppose multiple challenges to immigration detention in Colorado
Multiple federal judges in Colorado granted petitions from people challenging the lawfulness of their immigration detention this week after the government took the unusual step of declining to submit arguments in opposition. Colorado’s federal trial court is facing a flood of “habeas corpus” petitions from those in immigration custody. The most common allegation is that the…
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10th Circuit dismisses Tina Peters’ challenge to confinement as moot
The Denver-based federal appeals court granted the state’s unopposed request on Wednesday to dismiss former Mesa County clerk Tina Peters’ challenge to her confinement as moot. Although Peters received a commutation of her prison sentence last month from Gov. Jared Polis and has since left prison, her federal proceedings addressed whether Peters could be freed…
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Federal judges’ responses vary to immigration authorities’ disregard of orders
Colorado’s U.S. District Court judges have responded in recent days to the government’s violations of, or unclear compliance with, their orders in immigration detention cases, resulting in directives to immediately free the petitioners. “I’m just struggling to understand how he was removed from the United States even though (the government acknowledges) he could not be…