magistrate judge scott varholak
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Colorado’s federal judges recused 200+ times in 4 years for variety of reasons
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
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
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
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
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
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
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
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…