Estate of Richard Ward v. Lucero, et al
| KRISTY WARD STAMP and ESTATE OF RICHARD WARD, by and through its personal representative Kristy Ward Stamp |
| DAVID LUCERO, Pueblo County Sheriff, DEPUTY CHARLES MCWHORTER, DEPUTY CASSANDRA GONZALES, DEPUTY JACOB MAHAN, DEPUTY CHRISTINE SPENCER, DEPUTY NICHOLAS BERUMEN, DEPUTY ROBERT QUINTANA, SERGEANT JOSH RAGAN, in their individual and official capacities, PUEBLO COUNTY, COLORADO and PUEBLO COUNTY BOARD OF COUNTY COMMISSIONERS |
| 25-1224 |
| June 3, 2025 |
| U.S. Court of Appeals, Tenth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 38 [11235037] Minute order filed - the reply brief submitted by appellants is accepted for filing. The parties will be notified via separate docket entry if paper copies are required. (Text Only - No Attachment) [25-1224] [Entered: 11/26/2025 01:41 PM] |
| Filing 37 [11234989] Appellant/Petitioner's reply brief filed by Ms. Nicholas Berumen, Ms. Cassandra Gonzales, Mr. David Lucero, Mr. Jacob Mahan, Charles McWhorter, Mr. Robert Quintana, Mr. Josh Ragan and Christine Spencer. Served on 11/26/2025. Manner of Service: email. Word/page count: 5226. This pleading complies with all required privacy and virus certifications: Yes. [25-1224] SJL [Entered: 11/26/2025 12:36 PM] |
| Filing 36 [11228004] Order filed by Clerk of the Court granting in part Attorney motion to extend time to file a reply brief. Appellants' optional reply brief now due 11/26/2025 for Jacob Mahan, Cassandra Gonzales, Nicholas Berumen, Christine Spencer, Charles McWhorter, Josh Ragan, Robert Quintana and David Lucero. No further extensions on the clerk's authority. Served on 11/03/2025. Text only entry - no attachment. [25-1224] [Entered: 11/03/2025 12:35 PM] |
| Filing 35 [11227939] Motion filed by Appellants Ms. Nicholas Berumen, Ms. Cassandra Gonzales, Mr. David Lucero, Mr. Jacob Mahan, Charles McWhorter, Mr. Robert Quintana, Mr. Josh Ragan and Christine Spencer to extend time to file a reply brief until 12/03/2025. Served on: 11/03/2025. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-1224] AMP [Entered: 11/03/2025 10:39 AM] |
| Filing 34 [11225142] Minute order filed - the brief and appendix submitted by appellees is accepted for filing. The parties will be notified via separate docket entry if paper copies are required. Appellants' optional reply brief now due 11/12/2025 for Jacob Mahan, Cassandra Gonzales, Nicholas Berumen, Christine Spencer, Charles McWhorter, Josh Ragan, Robert Quintana and David Lucero. (Text Only - No Attachment) [25-1224] [Entered: 10/22/2025 03:01 PM] |
| Filing 33 [11225138] Appellee/Respondent's brief filed by Estate of Richard Ward and Ms. Kristy Ward Stamp. Served on: 10/22/2025. Manner of service: email. Oral argument requested? Yes. Word/page count: 10869. This pleading complies with all required privacy and virus certifications: Yes. [25-1224] DWK [Entered: 10/22/2025 02:54 PM] |
| Filing 32 [11225133] Appellee's appendix filed by Estate of Richard Ward and Ms. Kristy Ward Stamp. Total number of volumes filed: 1. Served on 10/22/2025. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-1224] DWK [Entered: 10/22/2025 02:47 PM] |
| Filing 31 [11215839] Order filed by Clerk of the Court granting Appellees' unopposed motion to extend time to file brief. Appellees' brief now due 10/22/2025 for Estate of Richard Ward and Kristy Ward Stamp. No further extensions of time will be granted on the clerk's authority. Served on 09/18/2025. Text only entry - no attachment. [25-1224] [Entered: 09/18/2025 03:49 PM] |
| Filing 30 [11215816] Motion filed by Appellees Estate of Richard Ward and Ms. Kristy Ward Stamp to extend time to file appellee/respondent's brief until 10/22/2025. Served on: 09/18/2025. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-1224] RRA [Entered: 09/18/2025 03:31 PM] |
| Filing 29 [11213818] Order filed by Clerk of the Court - This matter is before the court on Appellants Unopposed Motion for Leave to Conventionally File or Submit Electronic Exhibits. The motion is granted. Appellants shall serve a copy of the USB drive on Appellees. See order for details. Served on 09/12/2025. [25-1224] [Entered: 09/12/2025 08:59 AM] |
| Filing 28 [11213729] Motion filed by Appellants Ms. Nicholas Berumen, Ms. Cassandra Gonzales, Mr. David Lucero, Mr. Jacob Mahan, Charles McWhorter, Mr. Robert Quintana, Mr. Josh Ragan and Christine Spencer for exemption from filing portion of appendix electronically. Served on: 09/11/2025. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-1224] AMP [Entered: 09/11/2025 03:20 PM] |
| Filing 27 [11207939] Minute order filed - the brief and appendix submitted by appellants is accepted for filing. The parties will be notified via separate docket entry if paper copies are required. Appellee brief now due 09/22/2025 for Estate of Richard Ward and Kristy Ward Stamp. (Text Only - No Attachment) [25-1224] [Entered: 08/22/2025 02:52 PM] |
| Filing 26 [11207920] Appellant's appendix filed by Ms. Nicholas Berumen, Ms. Cassandra Gonzales, Mr. David Lucero, Mr. Jacob Mahan, Charles McWhorter, Mr. Robert Quintana, Mr. Josh Ragan and Christine Spencer. Total number of volumes filed: 6 and USB drive (hard copy only per this court's 9/12/2025 order). Served on 08/22/2025. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes.--[Edited 11/03/2025 by JJH to note the court received the USB thumb drive] [25-1224] SJL [Entered: 08/22/2025 02:43 PM] |
| Filing 25 [11207894] Notice of deficient appendix received from. See attached letter for specifics. Appendix due on 08/25/2025 for Nicholas Berumen, Cassandra Gonzales, David Lucero, Jacob Mahan, Charles McWhorter, Robert Quintana, Josh Ragan and Christine Spencer [25-1224] [Entered: 08/22/2025 02:04 PM] |
| Filing 24 This entry has been removed from the docket. Corrected appendix filed 08/22/2025 [JJH] [11207882] Appellant's appendix filed by Ms. Nicholas Berumen, Ms. Cassandra Gonzales, Mr. David Lucero, Mr. Jacob Mahan, Charles McWhorter, Mr. Robert Quintana, Mr. Josh Ragan and Christine Spencer. Total number of volumes filed: 6. Served on 08/22/2025. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. --[Edited 08/22/2025 by JJH to remove duplicate volumes in entry] [25-1224] SJL [Entered: 08/22/2025 01:36 PM] |
| Filing 23 [11207876] Appellant/Petitioner's brief filed by Ms. Nicholas Berumen, Ms. Cassandra Gonzales, Mr. David Lucero, Mr. Jacob Mahan, Charles McWhorter, Mr. Robert Quintana, Mr. Josh Ragan and Christine Spencer. Served on 08/22/2025 by email. Oral argument requested? Yes. Word/page count: 11631. This pleading complies with all required privacy and virus certifications: Yes. [25-1224] SJL [Entered: 08/22/2025 01:22 PM] |
| Filing 22 [11206477] Notice of appellant's deficient brief and appendix received from Ms. Nicholas Berumen, Ms. Cassandra Gonzales, Mr. David Lucero, Mr. Jacob Mahan, Mr. Robert Quintana, Mr. Josh Ragan and Christine Spencer. See attached letter for specifics. Appellants brief and appendix due on 08/22/2025 for Nicholas Berumen, Cassandra Gonzales, David Lucero, Jacob Mahan, Charles McWhorter, Robert Quintana, Josh Ragan and Christine Spencer. [25-1224] [Entered: 08/19/2025 06:17 AM] |
| Filing 21 This entry has been removed from the docket. Corrected brief and appendix filed 08/22/2025 [JJH] [11206470] Appellant/Petitioner's brief filed by Ms. Nicholas Berumen, Ms. Cassandra Gonzales, Mr. David Lucero, Mr. Jacob Mahan, Charles McWhorter, Mr. Robert Quintana, Mr. Josh Ragan and Christine Spencer. Served on 08/18/2025 by email. Oral argument requested? Yes. Word/page count: 11572. This pleading complies with all required privacy and virus certifications: Yes. [25-1224] SJL [Entered: 08/18/2025 10:50 PM] |
| Filing 20 [11197378] Order filed by Clerk of the Court granting appellants motion to extend time to file appellants brief. Appellants brief and appendix due on 08/21/2025 for Nicholas Berumen, Cassandra Gonzales, David Lucero, Jacob Mahan, Charles McWhorter, Robert Quintana, Josh Ragan and Christine Spencer. (21-days) Served on 07/16/2025. Text only entry - no attachment. [25-1224] [Entered: 07/16/2025 07:57 AM] |
| Filing 19 [11197327] Motion filed by Appellants Ms. Nicholas Berumen, Ms. Cassandra Gonzales, Mr. David Lucero, Mr. Jacob Mahan, Charles McWhorter, Mr. Robert Quintana, Mr. Josh Ragan and Christine Spencer to extend time to file appellant/petitioner's brief until 08/21/2025. Served on: 07/15/2025. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-1224] AMP [Entered: 07/15/2025 05:01 PM] |
| Filing 17 [11190368] Entry of appearance filed by Ms. Mari Newman, Esq. for Estate of Richard Ward and Ms. Kristy Ward Stamp. CERT. OF INTERESTED PARTIES: n. Served on 06/18/2025. Manner of Service: email [25-1224] [Entered: 06/18/2025 10:24 AM] |
| Filing 16 [11190345] Filed notice record is complete. Served on 06/18/2025. Appellants' brief and appendix due on 07/28/2025 for Nicholas Berumen, Cassandra Gonzales, David Lucero, Jacob Mahan, Charles McWhorter, Robert Quintana, Josh Ragan and Christine Spencer. [25-1224] [Entered: 06/18/2025 09:50 AM] |
| Filing 15 [11190332] Order filed by Clerk of the Court This matter is before the court on its own initiative following review of appellants' docketing statement. Accordingly, the court directs the parties to address with specificity in their merits briefs whether this court has jurisdiction to review the district court's order denying qualified immunity. Served on 06/18/2025. [25-1224] [Entered: 06/18/2025 09:28 AM] |
| Filing 14 [11190275] Minute order filed - Notice due that record is complete by 06/25/2025 for Jeffrey P. Colwell, Clerk of Court (oclk). (Text Only - No Attachment) [25-1224] [Entered: 06/18/2025 08:00 AM] |
| Filing 13 [11190273] Entry of appearance filed by Reid R. Allison and Mr. Darold W. Killmer, Esq. for Estate of Richard Ward and Ms. Kristy Ward Stamp. CERT. OF INTERESTED PARTIES: n. Served on 06/17/2025. Manner of Service: email [25-1224] [Entered: 06/18/2025 07:57 AM] |
| Filing 12 [11190264] Entry of appearance filed by Mr. Sean J. Lane, Esq. and Mr. Alex Millay Pass for Mr. David Lucero, Charles McWhorter, Ms. Cassandra Gonzales, Mr. Jacob Mahan, Christine Spencer, Ms. Nicholas Berumen, Mr. Robert Quintana and Mr. Josh Ragan. CERT. OF INTERESTED PARTIES: y. Served on 06/17/2025. Manner of Service: email [25-1224] [Entered: 06/18/2025 07:49 AM] |
| Filing 11 [11190233] Entry of appearance submitted by Mari Newman for Appellees Estate of Richard Ward and Ms. Kristy Ward Stamp for court review. Certificate of Interested Parties: No. Served on 06/17/2025. Manner of Service: email. [25-1224]--[Edited 06/18/2025 by JM PDF removed filed.] MN [Entered: 06/17/2025 10:41 PM] |
| Filing 10 [11190231] Entry of appearance submitted by Darold W. Killmer, Reid Allison for Appellees Estate of Richard Ward and Ms. Kristy Ward Stamp for court review. Certificate of Interested Parties: No. Served on 06/17/2025. Manner of Service: email. [25-1224]--[Edited 06/18/2025 by LG to remove PDF from entry, as pleading was filed on 6/18/2025] DWK [Entered: 06/17/2025 06:50 PM] |
| Filing 9 [11190218] Notice received from Ms. Nicholas Berumen, Ms. Cassandra Gonzales, Mr. David Lucero, Mr. Jacob Mahan, Charles McWhorter, Mr. Robert Quintana, Mr. Josh Ragan and Christine Spencer that a transcript is not necessary for this appeal. Served on: 06/17/2025. Manner of Service: email [25-1224] SJL [Entered: 06/17/2025 04:55 PM] |
| Filing 8 [11190216] Entry of appearance submitted by Darold W. Killmer, Reid Allison for Appellees Estate of Richard Ward and Ms. Kristy Ward Stamp for court review. Certificate of Interested Parties: No. Served on 06/17/2025. Manner of Service: email. [25-1224] DWK [Entered: 06/17/2025 04:54 PM] |
| Filing 7 [11190215] Entry of appearance submitted by Sean J. Lane and Alex M. Pass for Appellants Ms. Nicholas Berumen, Ms. Cassandra Gonzales, Mr. David Lucero, Mr. Jacob Mahan, Charles McWhorter, Mr. Robert Quintana, Mr. Josh Ragan and Christine Spencer for court review. Certificate of Interested Parties: Yes. Served on 06/17/2025. Manner of Service: email. [25-1224]--[Edited 06/18/2025 by LG to remove PDF from entry, as pleading was filed on 6/18/2025] SJL [Entered: 06/17/2025 04:53 PM] |
| Filing 6 [11190214] Entry of appearance filed by Madeline Marie Leibin for Estate of Richard Ward and Ms. Kristy Ward Stamp. CERT. OF INTERESTED PARTIES: n. Served on 06/17/2025. Manner of Service: email [25-1224] [Entered: 06/17/2025 04:45 PM] |
| Filing 5 [11190211] Entry of appearance submitted by Madeline Marie Leibin for Appellees Ms. Kristy Ward Stamp and Estate of Richard Ward for court review. Certificate of Interested Parties: No. Served on 06/17/2025. Manner of Service: email. [25-1224]--[Edited 06/17/2025 by LG to remove PDF from entry, as pleading was filed on 6/17/2025] MML [Entered: 06/17/2025 04:42 PM] |
| Filing 4 [11190208] Docketing statement filed by Ms. Nicholas Berumen, Ms. Cassandra Gonzales, Mr. David Lucero, Mr. Jacob Mahan, Charles McWhorter, Mr. Robert Quintana, Mr. Josh Ragan and Christine Spencer. Served on 06/17/2025. Manner of Service: email. [25-1224] SJL [Entered: 06/17/2025 04:36 PM] |
| Filing 3 [11190156] Entry of appearance filed by Andrew McNulty for Estate of Richard Ward and Ms. Kristy Ward Stamp. CERT. OF INTERESTED PARTIES: n. Served on 06/17/2025. Manner of Service: email [25-1224] [Entered: 06/17/2025 03:01 PM] |
| Filing 2 [11190149] Entry of appearance submitted by Andy McNulty for Appellees Ms. Kristy Ward Stamp and Estate of Richard Ward for court review. Certificate of Interested Parties: No. Served on 06/17/2025. Manner of Service: email. [25-1224]--[Edited 06/17/2025 by LG to remove PDF from entry, as pleading was filed on 6/17/2025] AM [Entered: 06/17/2025 02:45 PM] |
| Filing 1 [11186541] Civil case docketed. Preliminary record filed. DATE RECEIVED: 06/03/2025 Docketing statement due 06/17/2025 for Nicholas Berumen, Cassandra Gonzales, David Lucero, Jacob Mahan, Charles McWhorter, Robert Quintana, Josh Ragan and Christine Spencer. Transcript order form due 06/17/2025 for Nicholas Berumen, Cassandra Gonzales, David Lucero, Jacob Mahan, Charles McWhorter, Robert Quintana, Josh Ragan and Christine Spencer. Notice of appearance due on 06/17/2025 for Nicholas Berumen, Estate of Richard Ward, Cassandra Gonzales, David Lucero, Jacob Mahan, Charles McWhorter, Robert Quintana, Josh Ragan, Christine Spencer and Kristy Ward Stamp. Disclosure statement due on 06/17/2025 for Estate of Richard Ward. [25-1224] [Entered: 06/03/2025 03:08 PM] |
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