Frazier v. Williams

Summary

The Colorado Supreme Court held that proceedings under Colorado Revised Statutes section 1-1-113 are limited to claims alleging a breach, neglect of duty, or other wrongful act under the Colorado Election Code. The court ruled that claims under 42 U.S.C. § 1983 may not be joined in those proceedings, while emphasizing that Colorado courts remain open to adjudicating such federal claims, including on an expedited basis when preliminary injunctive relief is sought. The court overruled Brown v. Davidson to the extent it held otherwise, vacated the related attorney-fee award, and remanded for further proceedings.

Holdings

1. Claims under Colorado Revised Statutes section 1-1-113 are limited to allegations that an election official breached or neglected a duty, or committed another wrongful act, under the Colorado Election Code; a section 1983 claim therefore may not be brought in that proceeding.
2. Section 1-1-113 does not violate the Supremacy Clause because Colorado courts remain open to adjudicate section 1983 claims, including on an expedited basis when preliminary injunctive relief is sought.
3. Because the section 1983 claim could not be brought in the section 1-1-113 proceeding, Frazier could not obtain attorney fees under section 1988 in that proceeding, and the associated fee award could not stand.

Questions Presented

1. Whether a claim under 42 U.S.C. § 1983 may be brought or joined in a summary proceeding under Colorado Revised Statutes section 1-1-113.
2. Whether section 1-1-113's limitation of the proceeding to claims arising under the Colorado Election Code violates the Supremacy Clause.
3. Whether an attorney-fee award under 42 U.S.C. § 1988 could stand when the related section 1983 claim was improperly brought in a section 1-1-113 proceeding.

Disposition

writ_granted