Morphew v. Chafee County, Colorado, et al
| BARRY MORPHEW |
| ANDREW ROHRICH, Chafee County Undersheriff, BOARD OF COUNTY COMMISSIONERS OF CHAFFEE COUNTY, COLORADO, MEGAN DUGE, Colorado Bureau of Investigation Agent, CHAFFEE COUNTY SHERIFF'S DEPARTMENT, LINDA STANLEY, District Attorney, in her official and individual capacities, JOHN SPEZZE, Chaffee County Sheriff, in his official and individual capacities, ALEX WALKER, Eleventh Judicial District Attorney's Office Investigator, JOSEPH CAHILL, Colorado Bureau of Investigation Agent, JOHN CAMPER, Colorado Bureau of Investigation Director, JEFFREY LINDSEY, Deputy District Attorney, SCOTT HIMSCHOOT, Chaffee County Sheriff's Department, CAITLIN ROGERS, Colorado Bureau of Investiagation Agent, CHAFEE COUNTY, COLORADO, DEREK GRAHAM, Colorado Bureau of Investigation Agent, KEVIN KOBACK, Colorado Bureau of Investigation Agent, JOHN/JANE DOES, 1-10, and other unknown employees of the Eleventh Judicial District Attorney, and other unknown officers of the Chaffee County Sheriff's Department, CHRIS SCHAEFER, Colorado Bureau of Investigation Deputy Director of Investigations, MARKI HURLBERT, Deputy District Attorney, KIRBY LEWIS, Colorado Bureau of Investigation Agent, RANDY CARRICATO, Chaffee County Sheriff's Deputy, CLAUDETTE HYSJULIEN, Chaffee County Sheriff's Sergeant, WILLIAM PLACKNER, Chaffee County Sheriff's Sergeant, JONATHAN GRUSING, Federal Bureau of Investigation Unit, ROBIN BURGESS, Chaffee County Sheriff's Detective and KENNETH HARRIS, Federal Bureau of Investigaton Unit |
| 24-1424 |
| October 25, 2024 |
| U.S. Court of Appeals, Tenth Circuit |
| Other Civil Rights |
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Filing 48
[11146086] Order filed by Judges Matheson and Bacharach - This matter comes before the court on Appellant's motion to stay appeal pending district court's ruling on a motion for indicative ruling, Appellees' joint response and Appellant's reply. Upon review of the parties filings, we conclude that abatement of this appeal is not warranted. Appellant's motion to abate appeal is denied. On or before 12/30/2024, Appellant shall make satisfactory financial arrangements with the court reporter for the transcript ordered on November 8, 2024. See order for details. Served on 12/20/2024.. Served on 12/20/2024. [24-1424] [Entered: 12/20/2024 03:28 PM]
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| Filing 47 [11145842] Reply filed by Barry Morphew to Doc. 46, DEFENDANTS-APPELLEES' JOINT RESPONSE TO MOTION TO STAY APPEAL PENDING DISTRICT COURT'S RULING ON A MOTION FOR INDICATIVE RULING. Served on 12/20/2024. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [24-1424] HW [Entered: 12/20/2024 10:21 AM] |
| Filing 46 [11144908] Response filed by John Camper, Megan Duge, Chris Schaefer, Caitlin Rogers, Kevin Koback, Kirby Lewis and Derek Graham to Response to Motion to Stay Appeal Pending District Court's Ruling on a Motion for Indicative Ruling. Served on 12/17/2024. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [24-1424] JHH [Entered: 12/17/2024 04:13 PM] |
| Filing 45 [11144317] Attorney admission letter, second notice sent. Attorney admission response date set to 12/26/2024 for Iris Eytan. [24-1424] [Entered: 12/16/2024 10:42 AM] |
| Filing 43 [11142927] Order filed by Clerk of the Court. response to appellant's motion for stay due on 12/17/2024 for Board of County Commissioners of Chaffee County, Colorado, Robin Burgess, Joseph Cahill, John Camper, Randy Carricato, Chafee County, Colorado, Chaffee County Sheriff's Department, Colorado Intergovernment Risk Agency (CIRSA), County Technical Services, Inc. (CTSI), John/Jane Does, Megan Duge, Derek Graham, Scott Himschoot, MarkI Hurlbert, Kevin Koback, Kirby Lewis, Jeffrey Lindsey, Barry Morphew, William Plackner, Caitlin Rogers, Andrew Rohrich, Chris Schaefer, John Spezze, Linda Stanley, The Colorado Counties Casualty & Property Pool and Alex Walker. Served on 12/10/2024. [24-1424] [Entered: 12/10/2024 10:15 AM] |
| Filing 44 [11144301] Attorney Ms. Rachel Lisotta Bradley for Scott Himschoot admitted to the bar of this court. [24-1424] [Entered: 12/16/2024 10:28 AM] |
| Filing 42 [11142800] Motion filed by Appellant Barry Morphew for stay of Appeal Pending District Court's Ruling on a Motion for Indicative Ruling. Emergency Relief Requested? No. Date of event: 10/24/2024. Served on: 12/09/2024. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [24-1424] JF [Entered: 12/09/2024 06:48 PM] |
| Filing 41 [11141981] Order filed by Clerk of the Court denying without prejudice Attorney motion for stay appeal filed by Appellant Barry Morphew. See order for details. Served on 12/05/2024. [24-1424] [Entered: 12/05/2024 03:13 PM] |
| Filing 40 [11141690] Motion filed by Appellant Barry Morphew for stay of Motion to Stay Appeal Pending District Court's Ruling on a Motion for Indicative Ruling. Emergency Relief Requested? No. Served on: 12/04/2024. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [24-1424] JF [Entered: 12/04/2024 11:27 PM] |
| Filing 39 [11137022] Notice of Rescheduled Mediation Conference filed by the Tenth Circuit Mediation Office. ZoomGov conference scheduled for 12/09/2024 at 10:00 am (MT). The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. [Please open the Notice for important information.] [24-1424] [Entered: 11/15/2024 11:27 AM] |
| Filing 38 [11136335] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. ZoomGov conference scheduled for 12/02/2024 at 10:00 am (MT). The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. [Please open the Notice for important information.] [24-1424] [Entered: 11/13/2024 02:49 PM] |
| Filing 36 [11136019] Deficiency notice issued. Notice of appearance due on 11/18/2024 for John/Jane Does [24-1424] [Entered: 11/13/2024 06:46 AM] |
| Filing 37 [11136026] Entry of appearance filed by Mr. J. Andrew Nathan and Nicholas C Poppe for Randy Carricato,William Plackner and Robin Burgess. CERT. OF INTERESTED PARTIES: y (previously disclosed). Served on 11/13/2024. Manner of Service: email. [24-1424] [Entered: 11/13/2024 07:40 AM] |
| Filing 35 [11135967] Entry of appearance submitted by Nicholas C. Poppe and J. Andrew Nathan for Appellees Robin Burgess, Randy Carricato and William Plackner for court review. Certificate of Interested Parties: Yes. Served on 11/12/2024. Manner of Service: email. [24-1424] --[Edited 11/13/2024 by SDS to remove pdf from entry as the pleading has been filed] NCP [Entered: 11/12/2024 04:48 PM] |
| Filing 34 [11135665] Admissions letter sent. Response date set to 12/12/2024 for Iris Eytan. [24-1424] [Entered: 11/12/2024 10:05 AM] |
| Filing 33 [11135661] Admissions letter sent. Response date set to 12/12/2024 for Rachel Lisotta Bradley. [24-1424] [Entered: 11/12/2024 10:00 AM] |
| Filing 32 [11135603] Minute order filed - Notice of appearance due on 11/26/2024 for Robin Burgess, Randy Carricato and William Plackner. (Text Only - No Attachment) [24-1424] [Entered: 11/12/2024 09:05 AM] |
| Filing 29 [11135509] Minute order filed - Transcript order form due 11/26/2024 for Tamara Hoffschildt (08/21/2024 motions hearing). (Text Only - No Attachment) [24-1424] [Entered: 11/12/2024 07:02 AM] |
| Filing 31 [11135511] Entry of appearance filed by Mr. David N. Fisher for Barry Morphew. CERT. OF INTERESTED PARTIES: n. Served on 11/12/2024. Manner of Service: email. [24-1424] [Entered: 11/12/2024 07:07 AM] |
| Filing 30 [11135510] Entry of appearance filed by Jane Fisher-Byrialsen for Barry Morphew. CERT. OF INTERESTED PARTIES: n. Served on 11/12/2024. Manner of Service: email. [24-1424] --[Edited 11/13/2024 by SDS to correct attorney filer] [Entered: 11/12/2024 07:04 AM] |
| Filing 28 [11135411] Entry of appearance submitted by David N Fisher for Appellant Barry Morphew for court review. Certificate of Interested Parties: No. Served on 11/08/2024. Manner of Service: email. [24-1424] --[Edited 11/12/2024 by SDS to remove pdf from entry as the pleading has been filed] DNF [Entered: 11/08/2024 04:45 PM] |
| Filing 27 [11135405] Acknowledgment of transcript order filed by Barry Morphew. Transcript ordered: Motions Hearing - 8-21-2024. Served on: 11/08/2024. Manner of Service: email. [24-1424] JF [Entered: 11/08/2024 04:36 PM] |
| Filing 26 [11135403] Docketing statement filed by Barry Morphew. Served on 11/08/2024. Manner of Service: email. [24-1424] JF [Entered: 11/08/2024 04:33 PM] |
| Filing 25 [11135401] Entry of appearance submitted by Jane Fisher-Byrialsen for Appellant Barry Morphew for court review. Certificate of Interested Parties: No. Served on 11/08/2024. Manner of Service: email. [24-1424] --[Edited 11/12/2024 by SDS to remove pdf from entry as the pleading has been filed] JF [Entered: 11/08/2024 04:32 PM] |
| Filing 24 [11135395] Entry of appearance filed by Ms. Hollis Whitson for Barry Morphew. CERT. OF INTERESTED PARTIES: n. Served on 11/08/2024. Manner of Service: email. [24-1424] [Entered: 11/08/2024 04:24 PM] |
| Filing 23 [11135393] Entry of appearance submitted by Hollis A. Whitson for Appellant Barry Morphew for court review. Certificate of Interested Parties: No. Served on 11/08/2024. Manner of Service: email. [24-1424] --[Edited 11/08/2024 by SDS to remove pdf from entry as the pleading has been filed] HW [Entered: 11/08/2024 04:19 PM] |
| Filing 22 [11135238] Entry of appearance filed by Iris Eytan for Barry Morphew. CERT. OF INTERESTED PARTIES: n. Served on 11/08/2024. Manner of Service: email. [24-1424] [Entered: 11/08/2024 11:07 AM] |
| Filing 21 [11135208] Entry of appearance submitted by Iris Eytan for Appellant Barry Morphew for court review. Certificate of Interested Parties: No. Served on 11/08/2024. Manner of Service: email. [24-1424] --[Edited 11/08/2024 by SDS to remove pdf from entry as the pleading has been filed] IE [Entered: 11/08/2024 09:34 AM] |
| Filing 20 [11135157] Entry of appearance filed by Ms. Rachel Lisotta Bradley, Mr. Andrew R. McLetchie and Ms. Eden R. Rolland for Scott Himschoot. CERT. OF INTERESTED PARTIES: y. Served on 11/08/2024. Manner of Service: email. [24-1424] [Entered: 11/08/2024 07:30 AM] |
| Filing 19 [11135134] Entry of appearance submitted by Andrew R. McLetchie, Rachel L. Bradley, and Eden R. Rolland for Appellee Scott Himschoot for court review. Certificate of Interested Parties: Yes. Served on 11/07/2024. Manner of Service: email. [24-1424] --[Edited 11/08/2024 by SDS to remove pdf from entry as the pleading has been filed] ERR [Entered: 11/07/2024 05:03 PM] |
| Filing 18 [11134669] Entry of appearance filed by Mr. J. Andrew Nathan and Nicholas C Poppe for Chafee County, Colorado, Board of County Commissioners of Chaffee County, Colorado, Chaffee County Sheriff's Department, John Spezze and Andrew Rohrich. CERT. OF INTERESTED PARTIES: y. Already listed in the case. Served on 11/06/2024. Manner of Service: email [24-1424]--[Edited 11/06/2024 by LG to remove party Camper] [Entered: 11/06/2024 02:49 PM] |
| Filing 17 [11134666] Entry of appearance submitted by J. Andrew Nathan & Nicholas C. Poppe for Appellees Board of County Commissioners of Chaffee County, Colorado, Chafee County, Colorado, Chaffee County Sheriff's Department, John Spezze and Andrew Rohrich for court review. Certificate of Interested Parties: Yes. Served on 11/06/2024. Manner of Service: email. [24-1424]--[Edited 11/06/2024 by LG to remove PDF from entry, as pleading was filed on 11/6/2024] JAN [Entered: 11/06/2024 02:46 PM] |
| Filing 16 [11134663] Entry of appearance submitted by Nicholas C. Poppe and J. Andrew Nathan for Appellees Chafee County, Colorado, Board of County Commissioners of Chaffee County, Colorado, Chaffee County Sheriff's Department, John Spezze and Andrew Rohrich for court review. Certificate of Interested Parties: Yes. Served on 11/06/2024. Manner of Service: email. [24-1424] NCP [Entered: 11/06/2024 02:43 PM] |
| Filing 15 [11134632] Entry of appearance filed by Mr. Jonathan Neal Eddy and Mr. Eric Michael Ziporin for MarkI Hurlbert. CERT. OF INTERESTED PARTIES: y. Served on 11/06/2024. Manner of Service: email [24-1424] [Entered: 11/06/2024 01:39 PM] |
| Filing 14 [11134631] Entry of appearance submitted by Eric Michael Ziporin, Jonathan N. Eddy for Appellee MarkI Hurlbert for court review. Certificate of Interested Parties: No. Served on 11/06/2024. Manner of Service: email. [24-1424] EMZ [Entered: 11/06/2024 01:34 PM] |
| Filing 13 [11133463] Entry of appearance filed by Mr. William Thomas O'Connell, III, for Alex Walker and Jeffrey Lindsey. CERT. OF INTERESTED PARTIES: n. Served on 11/01/2024. Manner of Service: email. [24-1424] [Entered: 11/01/2024 11:59 AM] |
| Filing 12 [11133450] Entry of appearance submitted by William T. O'Connell, III for Appellees Jeffrey Lindsey and Alex Walker for court review. Certificate of Interested Parties: No. Served on 11/01/2024. Manner of Service: email. [24-1424]--[Edited 11/01/2024 by KLP to delete the attachment; entry filed.] WTO [Entered: 11/01/2024 11:31 AM] |
| Filing 11 [11133341] Entry of appearance filed by Robert Ian Lapidow and Scott Neckers for Joseph Cahill. CERT. OF INTERESTED PARTIES: n. Served on 11/01/2024. Manner of Service: email. [24-1424] [Entered: 11/01/2024 08:07 AM] |
| Filing 10 [11133316] Entry of appearance submitted by Scott A. Neckers, Robert I. Lapidow, Sarah A. Thomas for Appellee Joseph Cahill for court review. Certificate of Interested Parties: No. Served on 10/31/2024. Manner of Service: email. [24-1424]--[Edited 11/01/2024 by KLP to delete the attachment; entry filed.] SN [Entered: 10/31/2024 05:22 PM] |
| Filing 9 [11132920] Entry of appearance filed by Ms. Leslie L. Schluter for Linda Stanley. CERT. OF INTERESTED PARTIES: n. Served on 10/30/2024. Manner of Service: email. [24-1424] [Entered: 10/30/2024 03:41 PM] |
| Filing 8 [11132915] Entry of appearance submitted by Leslie L. Schluter for Appellee Linda Stanley for court review. Certificate of Interested Parties: No. Served on 10/30/2024. Manner of Service: email. [24-1424] --[Edited 10/30/2024 by SDS to remove pdf from entry as the pleading has been filed] LLS [Entered: 10/30/2024 03:35 PM] |
| Filing 7 [11132827] Entry of appearance filed by Ms. Jennifer H. Hunt for John Camper, Megan Duge, Caitlin Rogers, Derek Graham, Kevin Koback, Kirby Lewis and Chris Schaefer. CERT. OF INTERESTED PARTIES: n. Served on 10/30/2024. Manner of Service: email. [24-1424] [Entered: 10/30/2024 01:13 PM] |
| Filing 6 [11132815] Entry of appearance filed by Mr. Dmitry B. Vilner for John Camper, Megan Duge, Caitlin Rogers, Derek Graham, Kevin Koback, Kirby Lewis and Chris Schaefer. CERT. OF INTERESTED PARTIES: n. Served on 10/30/2024. Manner of Service: email. [24-1424] --[Edited 10/30/2024 by SDS add party filers to entry] [Entered: 10/30/2024 01:00 PM] |
| Filing 5 [11132811] Entry of appearance filed by Ms. Kathleen Spalding for John Camper, Megan Duge, Caitlin Rogers, Derek Graham, Kevin Koback, Kirby Lewis and Chris Schaefer. CERT. OF INTERESTED PARTIES: n. Served on 10/30/2024. Manner of Service: email. [24-1424] [Entered: 10/30/2024 12:51 PM] |
| Filing 4 [11132792] Entry of appearance submitted by JENNIFER H. HUNT for Appellees John Camper, Megan Duge, Chris Schaefer, Caitlin Rogers, Kevin Koback, Kirby Lewis and Derek Graham for court review. Certificate of Interested Parties: No. Served on 10/30/2024. Manner of Service: email. [24-1424] --[Edited 10/30/2024 by SDS to remove pdf from entry as the pleading has been filed] JHH [Entered: 10/30/2024 12:35 PM] |
| Filing 3 [11132784] Entry of appearance submitted by DMITRY B. VILNER for Appellees John Camper, Megan Duge, Chris Schaefer, Caitlin Rogers, Kevin Koback, Kirby Lewis and Derek Graham for court review. Certificate of Interested Parties: No. Served on 10/30/2024. Manner of Service: email. [24-1424] --[Edited 10/30/2024 by SDS to remove pdf from entry as the pleading has been filed] DBV [Entered: 10/30/2024 12:21 PM] |
| Filing 2 [11132782] Entry of appearance submitted by KATHLEEN L. SPALDING for Appellees Megan Duge, John Camper, Derek Graham, Kevin Koback, Kirby Lewis, Chris Schaefer and Caitlin Rogers for court review. Certificate of Interested Parties: No. Served on 10/30/2024. Manner of Service: email. [24-1424] --[Edited 10/30/2024 by SDS to remove pdf from entry as the pleading has been filed] KS [Entered: 10/30/2024 12:16 PM] |
| Filing 1 [11131624] Civil case docketed. Preliminary record filed. DATE RECEIVED: 10/25/2024. Docketing statement due 11/08/2024 for Barry Morphew. Transcript order form due 11/08/2024 for Barry Morphew. Notice of appearance due on 11/08/2024 for Board of County Commissioners of Chaffee County, Colorado, Joseph Cahill, John Camper, Chafee County, Colorado, Chaffee County Sheriff's Department, John/Jane Does, Megan Duge, Derek Graham, Scott Himschoot, MarkI Hurlbert, Kevin Koback, Kirby Lewis, Jeffrey Lindsey, Barry Morphew, Caitlin Rogers, Andrew Rohrich, Chris Schaefer, John Spezze, Linda Stanley and Alex Walker [24-1424] [Entered: 10/25/2024 11:26 AM] |
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