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

Clearinghouse coding complete

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 p…

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/


show all people

Documents in the Clearinghouse

Document
1

1:16-cv-01284

Civil Cover Sheet

May 27, 2016

May 27, 2016

Pleading / Motion / Brief
5

1:16-cv-01284

Notice of Removal

May 27, 2016

May 27, 2016

Notice Letter
16

1:16-cv-01284

Recommendation of United States Magistrate Judge

July 19, 2016

July 19, 2016

Magistrate Report/Recommendation
17

1:16-cv-01284

Defendants' Notice of Intent to Accept Recommendation of United States Magistrate Judge

July 20, 2016

July 20, 2016

Notice Letter
18

1:16-cv-01284

Defendants Motion for Summary Judgment

Sept. 1, 2016

Sept. 1, 2016

Pleading / Motion / Brief
20

1:16-cv-01284

Motion for Clarification

Sept. 6, 2016

Sept. 6, 2016

Pleading / Motion / Brief
26

1:16-cv-01284

Order

Nov. 9, 2016

Nov. 9, 2016

Order/Opinion
29

1:16-cv-01284

Motion for Summons of Grand Jury and Memorandum of Law In Support

March 14, 2018

March 14, 2018

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13415818/alley-v-archuleta-county-board-of-county/

Last updated Jan. 30, 2025, 2:48 p.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL by Todd M. Starr Steve Wadley & Michael Whiting from District Court, Archuleta County, CO, Case Number 16CV4. (Filing fee $ 400, Receipt Number 1082-4996676), filed by Todd M. Starr.(Starr, Todd) (Entered: 05/27/2016)

May 27, 2016

May 27, 2016

Clearinghouse
2

CERTIFICATE OF COMPLIANCE re 1 Notice of Removal by Defendant Todd M. Starr. (Starr, Todd) (Entered: 05/27/2016)

May 27, 2016

May 27, 2016

PACER
3

NOTICE of Entry of Appearance by Todd M. Starr on behalf of Todd M. Starr (Starr, Todd) (Entered: 05/27/2016)

May 27, 2016

May 27, 2016

PACER
4

CERTIFICATE of Mailing/Service re 3 Notice of Entry of Appearance, 2 Certificate of Compliance, 1 Notice of Removal by Defendant Todd M. Starr. (Starr, Todd) (Entered: 05/27/2016)

May 27, 2016

May 27, 2016

PACER
5

NOTICE of Removal with Attachments by Defendant Todd M. Starr (Starr, Todd) (Entered: 05/27/2016)

May 27, 2016

May 27, 2016

Clearinghouse
6

Case assigned to Magistrate Judge Nina Y. Wang. Text Only Entry. (agarc, ) (Entered: 05/31/2016)

May 27, 2016

May 27, 2016

PACER
7

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (agarc, ) (Entered: 05/31/2016)

May 31, 2016

May 31, 2016

PACER
8

ANSWER to Complaint by Archuleta County Board of County.(Starr, Todd) (Entered: 06/15/2016)

June 15, 2016

June 15, 2016

PACER
9

CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Greg Giehl. All parties do not consent. (Attachments: # 1 Envelope)(slibi, ) (Entered: 06/20/2016)

1 Envelope

View on PACER

June 17, 2016

June 17, 2016

PACER
10

MOTION to Deny Removal for Lack of Jurisdiction, by Plaintiffs Pat Alley, Dave Brackhahn, Wayne Bryant, Greg Giehl, Bill Gottschalk, Sue Gottschalk, Cole Graham, Vernon D Greenamyer, Stephen Keno, Tom Kramer, Jeffrey Maehr, Sharon Parker, Tracy Salazar, Dennis Spencer, Dave West. (slibi, ) (Entered: 06/20/2016)

June 17, 2016

June 17, 2016

RECAP
11

CASE REASSIGNED pursuant to 9 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is reassigned to Judge Raymond P. Moore. All future pleadings should be designated as 16-cv-01284-RM. (Text Only Entry) (nmarb, ) (Entered: 06/21/2016)

June 21, 2016

June 21, 2016

PACER
12

ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Entered by Judge Raymond P. Moore on 6/21/2016. (Text Only Entry) (rmsec ) (Entered: 06/21/2016)

June 21, 2016

June 21, 2016

PACER
13

MEMORANDUM regarding 10 MOTION for Order to filed by Wayne Bryant, Jeffrey Maehr, Greg Giehl, Tracy Salazar, Sue Gottschalk, Dave West, Stephen Keno, Tom Kramer, Dennis Spencer, Cole Graham, Sharon Parker, Vernon D Greenamyer, Pat Alley, Bill Gottschalk, Dave Brackhahn. Motion referred to Magistrate Judge Nina Y. Wang. Entered by Judge Raymond P. Moore on 6/21/2016. (Text Only Entry) (rmsec ) (Entered: 06/21/2016)

June 21, 2016

June 21, 2016

PACER
14

REPLY by Plaintiffs Pat Alley, Dave Brackhahn, Wayne Bryant, Greg Giehl, Bill Gottschalk, Sue Gottschalk, Cole Graham, Vernon D Greenamyer, Stephen Keno, Tom Kramer, Jeffrey Maehr, Sharon Parker, Tracy Salazar, Dennis Spencer, Dave West, to Defendant's Original Answer and MOTION for Summary Judgment. (Attachments: # 1 Envelope)(nmarb, ) (Entered: 07/11/2016)

1 Envelope

View on PACER

July 11, 2016

July 11, 2016

PACER
15

MINUTE ORDER: This matter comes before the Court with the filing of plaintiffs' Reply to Defendant's Original Answer and Motion for Summary Judgment (ECF No. 14). To the extent that ECF No. 14 can be construed as a motion for summary judgment, it is DENIED. First, any such request violates D.C. Colo. L.Civ.R. 7.1(d) in that any motion for summary judgment may not be included in a response or reply. Second, any such request violates this Court's Civil Practice Standard IV.B.2 for the filing of motions for summary judgment. Third, plaintiffs seek summary judgment on the ground that defendants have failed to answer (ECF No. 14 at 5), which is not the case; an answer was filed on June 15, 2016 at ECF No. 8. SO ORDERED by Judge Raymond P. Moore on 7/15/2016. (Text Only Entry) (rmsec ) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
16

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Nina Y. Wang on 7/19/16. This court respectfully RECOMMENDS that the Plaintiffs' Motion to Deny Removal for Lack of Jurisdiction 10 be GRANTED; and This action be REMANDED to the District Court for Archuleta County, Colorado. (bsimm, ) (Entered: 07/19/2016)

July 19, 2016

July 19, 2016

Clearinghouse
17

NOTICE re 16 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 10 MOTION for Order to filed by Wayne Bryant, Jeffrey Maehr, Greg Giehl, Tracy Salazar, Sue Gottschalk, Dave West, Stephen Keno, Tom Kramer, Dennis Spencer, Cole Graham, Sharon Parker, Ntc of Acceptance of Recommendation of US Magistrate Judge by Defendants Archuleta County Board of County, Clifford Lucero, Todd Starr, Steve Wadley, Michael Whiting (Starr, Todd) (Entered: 07/20/2016)

July 20, 2016

July 20, 2016

Clearinghouse
18

MOTION for Summary Judgment by Defendant Archuleta County Board of County. (Starr, Todd) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

Clearinghouse
19

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 18 MOTION for Summary Judgment filed by attorney Todd Starr. The format for the attorneys signature block is not correct; missing attorney contact information. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(d) of the Electronic Case Filing Procedures (Civil Cases). (Text Only Entry) (cthom, ) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER
20

MOTION for Clarification by Plaintiffs Pat Alley, Dave Brackhahn, Wayne Bryant, Greg Giehl, Bill Gottschalk, Sue Gottschalk, Cole Graham, Vernon D Greenamyer, Stephen Keno, Tom Kramer, Jeffrey Maehr, Sharon Parker, Tracy Salazar, Dennis Spencer, Dave West. (cthom, ) (Entered: 09/06/2016)

Sept. 6, 2016

Sept. 6, 2016

Clearinghouse
21

OBJECTIONS to Notice of Signature Authorization by Defendant Archuleta County Board of County. (Starr, Todd) (Entered: 09/20/2016)

Sept. 20, 2016

Sept. 20, 2016

PACER
22

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 21 Objections filed by attorney Todd Star. The document was scanned and not converted directly to portable document format (PDF). DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 1.3(f) of the Electronic Case Filing Procedures (Civil Cases). (Text Only Entry) (cthom, ) (Entered: 09/20/2016)

Sept. 20, 2016

Sept. 20, 2016

PACER
23

OBJECTIONS to Objection to Notice of Signature Authentication by Defendant Archuleta County Board of County. (Starr, Todd) Modified to show Duplicate Filing of 21 on 9/20/2016 (cthom, ). (Entered: 09/20/2016)

Sept. 20, 2016

Sept. 20, 2016

PACER
24

OBJECTIONS to Notice of Signature Authentication by Defendant Archuleta County Board of County. (Starr, Todd) Modified to show Duplicate Filing of 21 on 9/20/2016 (cthom, ). (Entered: 09/20/2016)

Sept. 20, 2016

Sept. 20, 2016

PACER
25

RESPONSE to 24 Objections, 21 Objections by Plaintiffs Pat Alley, Dave Brackhahn, Wayne Bryant, Greg Giehl, Bill Gottschalk, Sue Gottschalk, Cole Graham, Vernon D Greenamyer, Stephen Keno, Tom Kramer, Jeffrey Maehr, Sharon Parker, Tracy Salazar, Dennis Spencer, Dave West. (cthom, ) (Entered: 10/06/2016)

Oct. 6, 2016

Oct. 6, 2016

PACER
26

ORDER granting 10 Motion to Deny Removal, adopting 16 Report and Recommendations, denying as moot 18 Motion for Summary Judgment, denying 20 Motion for Clarification, remanding this case to the District Court for Archuleta County, Colorado. The Clerk of the Court is directed to close this case. Entered by Judge Raymond P. Moore on 11/9/16. (cpear) (Entered: 11/09/2016)

Nov. 9, 2016

Nov. 9, 2016

Clearinghouse
27

CERTIFICATE of Service by E-Mail by Clerk of Court re 26 Order to Cheryl Mulbery at Cheryl.Mulbery@judicial.state.co.us. (cpear) (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

PACER
28

Civil Case Terminated pursuant to remand to state court. Text Only Entry (cpear) (Entered: 11/14/2016)

Nov. 10, 2016

Nov. 10, 2016

PACER
29

MOTION for "Summons of Grand Jury and Memorandum of Law in Support" by Plaintiffs Dave Brackhahn, Wayne Bryant, Greg Giehl, Bill Gottschalk, Sue Gottschalk, Cole Graham, Vernon D Greenamyer, Stephen Keno, Tom Kramer, Jeffrey Maehr, Sharon Parker, Dennis Spencer. (cthom, ) (Entered: 03/14/2018)

March 14, 2018

March 14, 2018

Clearinghouse
30

ORDER: This matter comes before the Court with the filing of a "Motion for Summons of Grand Jury and Memorandum of Law in Support" (ECF No. 29), which the Court DENIES because this case been remanded to the District Court for Archuleta County (see ECF No. 26). The Clerk is instructed to mail a copy of this Order and ECF No. 29 to the District Court for Archuleta County at the following address: 1060 E 2nd Ave, Room 106, Durango, CO 81301. SO ORDERED by Judge Raymond P. Moore on 3/15/2018. (Text Only Entry ) (rmsec ) (Entered: 03/15/2018)

March 15, 2018

March 15, 2018

PACER
31

Mail Returned as Undeliverable re: 30 Order on Motion for Order,, Addressed to Dave West. (cthom, ) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
32

Mail Returned as Undeliverable re: 30 Order on Motion for Order,, Addressed to Tracy Salazar. (cthom, ) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
33

Mail Returned as Undeliverable re: 30 Order, Addressed to Tom Kramer. (cthom, ) (Entered: 03/30/2018)

March 30, 2018

March 30, 2018

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Election/Voting Rights

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):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Archuleta County Board of County Commissioner Clifford Lucero (Archuleta), None

Commissioner Steve Wadley (Archuleta), None

Commissioner Michael Whiting (Archuleta), None

Todd Starr (Archuleta), None

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

State law

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Voting: General & Misc.