John Grove v. Stephen A. Groome, et al.

Circumstances. The Chaffee County District Court (“Colorado district court”), the appellate court for reviewing small claims court judgments, deprived Petitioner John E. Grove (“Grove”) of his constitutional and statutory right to appeal a $7,041.00 attorney fee judgment entered by the small claims court against Grove in favor of the sanitation district. Grove received no relief from Colorado courts. He filed for violation of the Civil Rights Act and the Fifth Amendment in the U.S. District Court for the District of Colorado (“district court”). The district court dismissed Grove’s claim against the Colorado district court on the grounds there was no authority to sue the Colorado district court. The Tenth Circuit affirmed the district court’s dismissal of Grove’s claims against the Colorado district court not because Grove had no authority to assert the claims but because he did not have a protected property interest. Question for Review. Does Grove have an interest in his property which is protected by the Fifth and Fourteenth Amendments such that he has a civil rights claim and takings claim against a state district court which deprived Grove of his right to appeal a $7,041.00 small claims court attorney fee judgment against him and thereby allowed the sanitation district using a judgment lien to take $7,041.00 of Grove’s money? -i-