John Mikall Paul Swietlicki v. Joshua Lessar

Summary

The United States District Court for the District of Colorado denied Plaintiff John Mikall Paul Swietlicki’s motion for contempt. The court held that the plaintiff failed to show by clear and convincing evidence that Defendant Joshua Lessar disobeyed the relevant court order or that unidentified third parties at the correctional facility had knowledge of the order.

Holdings

1. A defendant cannot be held in civil contempt for an alleged violation committed by a third party when the plaintiff offers no evidence that the defendant disobeyed the court order.
2. Third parties may be held in civil contempt, but the plaintiff must prove the same contempt elements as to each third party, including knowledge of the court order and disobedience; the motion fails absent such evidence.

Questions Presented

1. Whether defendant could be held in civil contempt for an alleged denial of a scheduled visit by unidentified third parties at a correctional facility.
2. Whether unidentified third parties could be held in civil contempt without evidence that they had knowledge of the court order.

Disposition

other