Jean Sala Breitenstein
How Judge Breitenstein rules, drawn from 1 signed order. Every observation links to the order it came from.
Judge Breitenstein no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Breitenstein
Jean Sala Breitenstein was a judge of the United States District Court for the District of Colorado. Appointed by President Dwight D. Eisenhower, Judge Breitenstein received a commission on April 27, 1954. Judge Breitenstein left the court on July 10, 1957 on appointment to the United States Court of Appeals for the Tenth Circuit.
How Judge Breitenstein decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Alleged misconduct does not bar a party from asserting constitutional rights when the alleged conduct can be addressed in a separate proper proceeding.
“Its alleged illegal conduct does not render constitutional the 1955 Colorado law.”
Procedural preferences
He would not decide the constitutionality of a state statute by default because legislation carries a presumption of validity and the challenger retains the burden of proof.
“the important question of the constitutionality of a state statute should not be determined on default.”
Cautions
A clean-hands defense must relate to the asserted relief rather than operate as punishment for unrelated alleged wrongdoing.
“They apply the maxim, not by way of punishment for extraneous transgressions, but upon considerations that make for the advancement of right and justice.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons stated the two motions to strike the third and fourth defenses were sustained.”
“Accordingly, the motion for judgment on the pleadings is denied.”
“Accordingly, this matter may not be disposed of on default and the motion for default and for a default judgment is denied.”
Caseload & timing
From public federal docket records for this judge.
The reviewed authored decision concerns constitutional challenges to state regulation of automobile manufacturers. No electronic records are available to quantify his short district-court caseload.
A historical record
Judge Breitenstein no longer hears cases. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.