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Kenneth Sorak v. Theresa Cisneros, former Judge, Colorado Fourth Judicial District Court, et al.
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 24-1170 · judgment December 4, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Did the 10th Circuit err in its application of the Rooker-Feldman Doctrine given that the 4th circuit, in Gibson v. Goldston, No. 22-1757 (4th Cir 2023) and the 11th Circuit, in Behr v. Campbell, No. 18-12842 (11th Cir. 2021), have issued conflicting opinions in their orders as to the limits of expansion and application of Rooker-Feldman as a basis for Rule 12(b)(1) Motion to Dismiss when state agents (i.e. State District Court Judges) acting under color of law violate a litigants constitutional rights?
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Did the 10th Circuit err in its application of the 11th Amendment by granting and affirming the Defendants Rule 12(b)(1) Motion to Dismiss when state agents (i.e. State District Court Judges) acting under color of law claiming to be in their official judicial capacity violated the litigant’s constitutional rights, see Scheuer v. Rhodes, 416 U.S. 232 (1974)?
Counsel of record
For petitioner
Kenneth Sorak
For respondent
Allison R. Ailer
Colorado Department of Law
Case
Conference history
Distributed for 1 conference
Proceedings
- Apr 07 2025Petition DENIED.
- Mar 19 2025DISTRIBUTED for Conference of 4/4/2025.
- Mar 12 2025Waiver of right of respondent Theresa Cisneros, et al. to respond filed.
- Feb 17 2025Petition for a writ of certiorari filed. (Response due March 28, 2025)