magistrate judge scott varholak
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Federal judge finds no constitutional violation in requiring illegal pot growers to forfeit house
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Requiring an Aurora couple to forfeit their home to the government after using it to illegally grow marijuana does not violate the constitutional prohibition against excessive fines, a federal judge ruled last month. In 2019, the U.S. Department of Justice petitioned to take possession of a home in the 23000 block of East Wagontrail Avenue…
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10th Circuit underscores limited path federal prisoners face in suing government
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The federal appeals court based in Denver underscored last month that incarcerated plaintiffs have essentially no path to suing federal officials for money for violating their constitutional rights. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit explained that the U.S. Supreme Court’s precedent, as well as its own, meant prisoners…
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2 federal judges provide rare glimpse into lawyers’ reviews of their performance
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Two of Colorado’s federal judges on Thursday provided a rare behind-the-scenes look at the performance reviews attorneys have given them, including those that are less-than-flattering. “He looks embarrassing on the bench. Disheveled, disinterested and unprepared,” wrote one lawyer. “Disheveled?” said the target of the review, U.S. Magistrate Judge N. Reid Neureiter. “Sometimes I ride my…
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10th Circuit rejects ex-Adams County sheriff’s appeal in retaliation case
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The federal appeals court based in Denver has rejected ex-Adams County Sheriff Richard A. Reigenborn’s attempt to end a retaliation lawsuit brought by four subordinates Reigenborn fired – including the man who defeated him last year. Upon taking office after the 2018 election, Reigenborn pushed out multiple high-ranking personnel who had been supporters of Reigenborn’s opponent.…
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10th Circuit agrees woman cannot sue corrections officer who slammed her
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A woman who was incarcerated in the Denver Women’s Correctional Facility cannot sue an employee who allegedly slammed her to the ground, the federal appeals court based in Colorado ruled last week, because she filed her grievances too promptly. Under the Prison Litigation Reform Act, people who are incarcerated must “exhaust” their administrative remedies before bringing…
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10th Circuit reinstates excessive force, illegal arrest claims against Adams County deputies
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The federal appeals court based in Denver reinstated a man’s claims against two Adams County deputies on Tuesday, agreeing that a jury could find the deputies arrested him simply because he was criticizing their investigation tactics, and not because he committed any crime. Deputies Chad Jenkins and Michael Donnellon arrested John Jordan while they were…
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10th Circuit agrees Adams County deputy who fractured motorist’s ribs not liable for excessive force
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An Adams County sheriff’s deputy who pulled a man out of his pickup truck and fractured his ribs after smelling marijuana is not liable for excessive force, the federal appeals court based in Denver ruled last week. The U.S. Court of Appeals for the 10th Circuit agreed Jeffrey Helvie’s refusal to exit the vehicle and…
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Federal judge denies immunity to Denver officer sued for false arrest, retaliation
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A federal judge has declined to dismiss a lawsuit alleging a Denver police officer arrested a man without probable cause of a crime and retaliated against him when the man asked a bystander to record the interaction. John Collins claimed Officer Austin Barela approached him while he was working to fix a car, then badgered…
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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…
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Federal judge allows inmate to sue prison employee for causing him to miss SCOTUS appeal deadline
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A federal judge has agreed an incarcerated man can sue a prison employee for causing him to miss his deadline for filing a longshot challenge to his convictions with the U.S. Supreme Court, after the employee allegedly closed the facility’s library the day the petition was due. Last month, U.S. District Court Judge Charlotte N.…
