Moore v. Zimmer et al
ORDER granting 47 Motion for Recusal. by Judge William J. Martinez on 03/15/2016.(cthom, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 15-cv-0034-WJM
ELIAS DIGGINS, in his official capacity as Acting Sheriff of the Denver Sheriff
Department, and in his individual capacity;
RN ZIMMER, in her official capacity as Denver Health Medical Center Intake RN of the
Denver Sheriff Department, and in her individual capacity;
DR. CHRISTIAN STOB, in his official capacity as Denver Health Medical Center Doctor
of the Denver Sheriff Department, and in his individual capacity;
CARMAN KASSETY, in her official capacity as Denver Health Medical Center
Supervisor of the Denver Sheriff Department, and in her individual capacity;
DENVER HEALTH MEDICAL CENTER, in its official capacity as contract employees of
the Denver Sheriff Department;
DENVER SHERIFF DEPARTMENT, in their official capacity as Superintendents of the
ORDER OF RECUSAL
This matter comes before the Court on the Motion for Order of Recusal by
Defendants “RN Zimmer,” Dr. Christian Stob, Carmen Kassety, and Denver Health
Medical Center (ECF No. 47). The Court having reviewed the Motion and being fully
advised hereby ORDERS as follows:
The Defendants’ Motion is GRANTED.
Section 455(a) of Title 28 of the United States Code states that “Any justice,
judge, or magistrate judge of the United States shall disqualify himself in any
proceeding in which his impartiality might reasonably be questioned.” A United States
judge must recuse himself when there is an appearance of bias, regardless of whether
there is actual bias. Nichols v. Alley, 71 F.3d 347, 350 (10th Cir. 1995). The test is
whether a reasonable person, knowing all the relevant facts, would harbor doubts about
the judge’s impartiality. Hinman v. Rogers, 831 F.2d 937, 939 (10th Cir. 1987).
The Amended Complaint makes allegations regarding violations of the Plaintiff’s
constitutional rights by the Defendants RN Zimmer, Dr. Christian Stob, Carman
Kassety, and Denver Health Medical Center. My wife, Judith C. Shlay, M.D., is
employed by Denver Health in a senior management position. On these facts, I find
that a reasonable person would harbor doubts about my impartiality. As a result,
recusal is required by 28 U.S.C. § 455(a), and I hereby recuse myself from this case. It
ORDERED that the Judge’s file be returned to the Clerk’s office for the case to
be reassigned by random draw.
Dated this 15th day of March, 2016.
BY THE COURT:
William J. Martínez
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?