Case: Alley v. Lucero
1:16-cv-01284 | U.S. District Court for the District of Colorado
Filed Date: May 4, 2016
Closed Date: March 15, 2018
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Case Summary
This case is about alleged violations of voter laws based on Archuleta County, Colorado's ballot initiatives.
On May 4, 2016, the pro se plaintiffs, a group of signatories on ballot initiatives commenced this action in the District Court of Archuleta County. Plaintiffs sued Archuleta County, Archuleta County Board of County Commissioners, several Commissioners in their official capacity, and the previous County Attorney. Plaintiffs alleged that the ballot initiatives they supported were not placed on the November election ballot, despite meeting the legal criteria under the Colorado Constitution and state election law. Plaintiffs sought injunctive relief requiring Archuleta County to hold a special election for these ballot initiatives, compensatory and punitive damages, mandatory Constitutional law classes for defendants, explanatory brochures for constituents on the issues and public fact-finding on this case for Colorado government officials and the people of Colorado, and the creation of an Archuleta County Internal Affairs office to monitor future government conduct.
On May 27, 2016, the defendants removed the action to federal court asserting original jurisdiction based on plaintiffs’ references to the Tenth Amendment to the U.S. Constitution and asserting federal question jurisdiction based on the plaintiffs including on the ballot federal issues such as the nullification of the Affordable Care Act and the preservation of gun rights in Archuleta County, among others. Notably, the plaintiffs did not file a formal complaint, but rather the “Motion to Show Cause” is styled as a complaint.
On June 17, 2016, the plaintiffs filed a motion to deny removal for lack of jurisdiction. The plaintiffs argued that Colorado statutes and Colorado constitutional protections have been violated by the defendants and therefore cannot be removed under federal question jurisdiction.
On July 19, 2016, the United States Magistrate Judge Nina Y. Wang issued a recommendation that plaintiffs’ motion to remand filed on June 17, 2016 be granted. United State Magistrate Wang reasoned that plaintiffs claim to hold certain rights under Colorado law and the defendants have curtailed such rights. Further, because the plaintiffs do not allege that the defendants are violating the U.S. Constitution. On this basis and reasoning, United States Magistrate Judge Wang recommends that the plaintiffs’ motion to deny removal for lack of jurisdiction be granted and the action be remanded back to the District Court for Archuleta County, Colorado.
On July 20, 2016, the defendants filed a notice of intent to accept recommendation of the United States Magistrate Judge.
On September 1, 2016, the defendants filed a motion for summary judgment due to the plaintiffs' frivolous and baseless claims.
On September 6, 2016, the plaintiffs filed a motion for clarification to request some conclusions of law from the court to understand the status of the case since remand.
On November 9, 2016, the court issued an order that adopted the recommendation of the United States Magistrate Judge Wang since neither party filed a timely objection to the recommendation and the court finds no error in the recommendation and remanded the action to the District Court for Archuleta County, Colorado. Further, the court denied defendants’ motion for summary judgment and plaintiffs’ motion for clarification as moot. Then, the court instructed the Clerk to close the case.
Subsequently, the plaintiffs filed a motion for summons of grand jury and memorandum of law in support on March 14, 2018. On March 15, 2018, the court issued an order that the court denied the motion because the case had been remanded to the District Court for Archuleta County.
Seemingly, this case is now closed.
Summary Authors
Leilani Argersinger (4/30/2024)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13415818/parties/alley-v-archuleta-county-board-of-county/
Alley, Pat (Colorado)
Brackhahn, Dave (Colorado)
Bryant, Wayne (Colorado)
Giehl, Greg (Colorado)
Gottschalk, Bill (Colorado)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/13415818/alley-v-archuleta-county-board-of-county/
Last updated July 11, 2026, 6:51 a.m.
Case Details
State / Territory:
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: May 4, 2016
Closing Date: March 15, 2018
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Plaintiffs are residents of Archuleta County asserting generalized grievances relating to ballot initiatives in Archuleta County.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Other
Archuleta County Board of County Commissioner Clifford Lucero
Commissioner Michael Whiting
Commissioner Steve Wadley
Todd Starr
Defendant Type(s):
Case Details
Causes of Action:
Other Dockets:
District of Colorado 1:16-cv-01284
Available Documents:
Outcome
Prevailing Party: Defendant
Relief Granted:
Source of Relief:
Issues
Voting:
Case Summary of Alley v. Lucero, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/45011/ (last updated 4/30/2024).