No. 24-921

Kenneth Sorak v. Theresa Cisneros, former Judge, Colorado Fourth Judicial District Court, et al.

Lower Court: Tenth Circuit
Docketed: 2025-02-26
Status: Denied
Type: Paid
Response Waived
Tags: 11th-amendment color-of-law constitutional-rights judicial-immunity rooker-feldman-doctrine rule-12b1-dismissal
Key Terms:
SocialSecurity DueProcess FourthAmendment
Latest Conference: 2025-04-04
Question Presented (from Petition)

1. 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?

2. 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)?

Question Presented (AI Summary)

Did the 10th Circuit err in its application of the Rooker-Feldman Doctrine and 11th Amendment when state agents acting under color of law allegedly violated a litigant's constitutional rights?

Docket Entries

2025-04-07
Petition DENIED.
2025-03-19
DISTRIBUTED for Conference of 4/4/2025.
2025-03-12
Waiver of Theresa Cisneros, et al. of right to respond submitted.
2025-03-12
Waiver of right of respondent Theresa Cisneros, et al. to respond filed.
2025-02-17

Attorneys

Kenneth Sorak
Kenneth Sorak — Petitioner
Theresa Cisneros, et al.
Allison R. AilerColorado Department of Law, Respondent