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 (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?

Question Presented (OCR Extract)

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)? 11 LIST OF PROCEEDINGS U.S. Court of Appeals for the Tenth Circuit No. 24-1170 Kenneth Sorak, v. Theresa Cisneros in her official capacity as Senior Judge; Amanda Bradley, in her official capacity as Magistrate; Colorado Judicial Branch, Final Judgment: December 4, 2024 U.S. District Court for the District of Colorado No. Kenneth Sorak, Plaintiff, v. Theresa Cisneros in her official capacity as Senior Judge; Amanda Bradley, in her official capacity as Magistrate; Colorado Judicial Branch, Defendants. Final Judgment: April 3, 2024

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