No. 20-710

John Grove v. Stephen A. Groome, et al.

Lower Court: Tenth Circuit
Docketed: 2020-11-23
Status: Denied
Type: Paid
Response Waived
Tags: attorney-fees civil-rights due-process fifth-amendment fourteenth-amendment property-interest right-to-appeal small-claims-court takings
Key Terms:
AdministrativeLaw SocialSecurity DueProcess Takings FifthAmendment
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Does Grove have a protected property interest under the Fifth and Fourteenth Amendments such that he has a civil-rights-claim and takings-claim against a state-court which deprived him of his right-to-appeal a small-claims-court judgment?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Circumstances. The Chaffee County District Court (“Colorado district court”), the appellate court for reviewing small claims court judgments, deprived Petitioner John E. Grove (“Grove”) of his constitutional and statutory right to appeal a $7,041.00 attorney fee judgment entered by the small claims court against Grove in favor of the sanitation district. Grove received no relief from Colorado courts. He filed for violation of the Civil Rights Act and the Fifth Amendment in the USS. District Court for the District of Colorado (“district court”). The district court dismissed Grove’s claim against the Colorado district court on the grounds there was no authority to sue the Colorado district court. The Tenth Circuit affirmed the district court’s dismissal of Grove’s claims against the Colorado district court not because Grove had no authority to assert the claims but because he did not have a protected property interest. Question for Review. Does Grove have an interest in his property which is protected by the Fifth and Fourteenth Amendments such that he has a civil rights claim and takings claim against a state district court which deprived Grove of his right to appeal a $7,041.00 small claims court attorney fee judgment against him and thereby allowed the sanitation district using a judgment lien to take $7,041.00 of Grove’s money? RELATED CASES STATEMENT John Grove v. Stephen A. Groome, Buena Vista Sanitation District, Chattee County District Court, No. 19-1228, 817 Fed. Appx. 551 (10* Cir. 2020), Tenth Circuit Court of Appeals. Judgment entered on July 15, 2020. Petition for Rehearing denied on July 7, 2020. John Grove v. Stephen A. Groome, Buena Vista Sanitation District, Chattee County District Court, No. 18-CV-1571, 2018 WL 10879451 (D. Colo.). Judgment entered on December 4, 2018. Order denying Motion for New Trial and to Vacate Judgment entered on May 29, 2019. John E, Grove v. Buena Vista Sanitation District, No. 2015 CV 5, Chaffee County District Court, State of Colorado. No judgment ever entered. “i

Docket Entries

2021-01-11
Petition DENIED.
2020-12-16
DISTRIBUTED for Conference of 1/8/2021.
2020-12-03
Waiver of right of respondent Buena Vista Sanitation District to respond filed.
2020-12-01
Waiver of right of respondent Stephen A. Groome, et al. to respond filed.
2020-11-25
Letter pursuant to Rule 12.6 from counsel for petitioner received.
2020-11-18
Petition for a writ of certiorari filed. (Response due December 23, 2020)

Attorneys

Buena Vista Sanitation District
William T O'Connell IIIWells, Anderson & Race, LLC, Respondent
William T O'Connell IIIWells, Anderson & Race, LLC, Respondent
John E. Grove
John M CogswellCogswell Law Offices, Petitioner
John M CogswellCogswell Law Offices, Petitioner
Stephen A. Groome, et al.
Friedrick Charles HainesColorado Dept. of Law, Respondent
Friedrick Charles HainesColorado Dept. of Law, Respondent