David G. Larimer
How Judge Larimer decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In a qualified-immunity dispute, he treats disputed facts about an officer's stated justification for a stop as automatically defeating summary judgment on both the merits and immunity -- he will not resolve credibility contests on the papers.
“Those matters involve Laureano's and plaintiff's respective credibility, which cannot be determined on a motion for summary judgment, "for these are 'jury functions, not those of a judge.'"”
On a request to enjoin a government COVID-era policy, he wanted a concrete, non-speculative injury -- self-imposed inconveniences from a plaintiff's own choices did not qualify as irreparable harm.
“Assuming arguendo that these even qualify as "harms," they are plainly harms of plaintiff's own making. By his own admission, he could go to the gym and sell at the farmers market, as long as he wears a mask. He chooses not to.”
He reads a faculty or employee handbook narrowly against contract claims, looking specifically for language that limits the employer's discretion rather than merely describing a process -- absent that, the claim belongs in state administrative review, not federal contract law.
“the terms detailing access to personnel records and the general grievance procedure lack the kind of 'clear-cut limitations' on the University's discretion in renewing Koul's appointment 'that would give [Koul] the contractual rights he attempts to assert here.'”
Procedural preferences
He declines to revisit his own orders once a party has already appealed them, even on a narrowly-framed motion to "clarify" rather than reconsider -- he treats the notice of appeal as effectively transferring the question to the court of appeals.
“the matters raised in the C/R motion... are more substantive than ancillary with respect to the underlying PJI Order... I conclude that best course of action is to deny the motion.”
He adopts an unopposed magistrate judge's report and recommendation quickly and without independent elaboration once no party objects, reviewing only for clear error.
“No objections have been filed. I have carefully reviewed the Report and I see no reason to modify, alter or change it. I adopt it in full.”
Cautions
He will dismiss a pro se litigant's case with prejudice for failure to prosecute, but only after walking through the full willfulness/prejudice/prior-warning analysis and confirming the litigant had actually been warned in writing (in a scheduling order and the pro se handbook) that missing deadlines could be fatal -- he does not treat dismissal as automatic, but he does not hesitate once the record shows real notice and real prejudice to the defendant.
“Given plaintiff's failure even to respond to the motion to dismiss, it appears that he essentially stopped prosecuting the case after his release from DOCCS custody. Further warning would not likely serve any useful purpose.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the plaintiff's motion is denied, the Commissioner's cross motion for judgment on the pleadings (Dkt. #7) is granted, and the complaint is dismissed.”
“Koul's Complaint, therefore, is DISMISSED in its entirety and with prejudice.”
“Plaintiff's motion for reconsideration (Dkt. #43) is in all respects denied.”
“Defendants' motion for summary judgment (Dkt. #29) is granted in part and denied in part. Defendants' motion is granted as to the fourth and tenth causes of action... In all other respects, defendants' motion is denied.”
“Plaintiff's motion for a temporary restraining order and preliminary injunction (Dkt. #11) is denied.”
“Defendant's motion to dismiss the complaint (Dkt. #27) is granted, and the complaint is dismissed.”
“defendants' motion to dismiss the complaint (Dkt. #3) is granted, and the complaint is dismissed.”
“Plaintiffs' motion for 'clarification and/or reconsideration' (Dkt. #329) of the Court's November 3, 2016 order regarding prejudgment interest is denied.”
“Defendants' motion to dismiss based on the parties settlement (Dkt. #137) is granted. It is hereby ORDERED, that the action and all claims and cross-claims therein are hereby dismissed with prejudice.”
“I adopt it in full. It is, therefore ORDERED, that this case is hereby dismissed with prejudice and the Clerk is directed to close the case.”
“Defendant's motion to dismiss for lack of prosecution (Dkt. #41) is granted, and the complaint is dismissed with prejudice.”
Caseload & timing
From public federal docket records for this judge.
The sampled 2019-2024 cohort is dominated by pro se prisoner civil-rights suits and in forma pauperis screenings, with a steady stream of Social Security disability appeals and occasional civil-rights, employment, and commercial matters. Several of his prisoner cases show a long tail on appeal -- one case was up to the Second Circuit twice, each time with a partial vacatur and remand, before finally closing five years after filing.
Put Judge Larimer's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Larimer actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Larimer's own signed orders and cites them.