Van Horn v. Salvation Army

• Court: Court of Appeals for the Tenth Circuit
• Decided: May 7, 2026
• Docket: 24-3126
• Status: Unpublished

Opinion

Appellate Case: 24-3126 Document: 45-1 Date Filed: 05/07/2026 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT May 7, 2026 _________________________________ Christopher M. Wolpert Clerk of Court CHRISTOPHER A. VANHORN,

Plaintiff - Appellant,

v. No. 24-3126 (D.C. No. 2:23-CV-02009-DDC-ADM) SALVATION ARMY; BLANCHE (D. Kan.) RIDING; KELLY F. KELLER; MEGAN BROWN, in her individual and official capacity; GREGORY BARNETT, in his individual and official capacity; TANNER EDDINGS, in his individual and official capacity; CHAD HODGE, in his individual and official capacity; DAVID MARTIN, in his individual and official capacity; KEITH DRILL, in his individual and official capacity; CITY OF MISSION, KANSAS,

Defendants - Appellees. _________________________________

ORDER AND JUDGMENT * _________________________________

Before HARTZ, MORITZ, and ROSSMAN, Circuit Judges. _________________________________

After examining the briefs and appellate record, this panel has determined *

unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. Appellate Case: 24-3126 Document: 45-1 Date Filed: 05/07/2026 Page: 2

Appellant Christopher VanHorn was involved in an altercation at a Salvation

Army store that led to state court convictions of disorderly conduct and criminal

trespass. Based on these events, Mr. VanHorn filed a federal lawsuit against

numerous defendants alleging claims under federal civil rights laws and state law. 1

The district court dismissed the federal claims without prejudice and declined to

exercise supplemental jurisdiction over the state law claims. Exercising jurisdiction

under 28 U.S.C. § 1291, we affirm.

I. Background 2

A. State Court Proceedings

In January 2022, Mr. VanHorn entered a Salvation Army store in Mission,

Kansas. One of the store employees, Appellee Kelly Keller, asked Mr. VanHorn to

wear a face mask. Mr. VanHorn refused, saying that Ms. Keller could not force him

to wear a mask. He then took out his cell phone and started video recording.

Because Mr. VanHorn declined to put on a mask, Ms. Keller asked him to

leave. She explained it was the store’s policy that those inside must wear a mask.

Mr. VanHorn did not leave; he engaged with other patrons in the store and continued

recording. He asked Ms. Keller why he could not shop at the store, and she

Because Mr. VanHorn is a pro se litigant, we construe his pleadings liberally 1

but do not act as his advocate. See Yang v. Archuleta, 525 F.3d 925, 927 n.1 (10th Cir. 2008). 2 We take these facts from the Amended Complaint, see R. vol. II at 127-67, and the district court order’s undisputed recitation, see id. at 397-403. We cite the district court order in the appellate record, id., but it is also available at VanHorn v. Salvation Army, No. 23-2009, 2024 WL 1256245 (D. Kan. Mar. 25, 2024). 2 Appellate Case: 24-3126 Document: 45-1 Date Filed: 05/07/2026 Page: 3

responded, “because you don’t have a mask on sir.” R. vol. II at 398 (internal

quotation marks omitted). Ms. Keller then instructed Appellee Blanche Riding, the

store manager, to call the police. Ms. Riding made the call while Mr. VanHorn

continued to have conversations with other store patrons. Ultimately, Mr. VanHorn

left the store.

On his way out, Mr. VanHorn encountered City of Mission police officers.

Appellee Officer Megan Brown asked Mr. VanHorn if he was the person inside the

Salvation Army store who refused to wear a mask. Mr. VanHorn confirmed he was

and said he was leaving. He then asked if he was being detained. Appellee Officer

Gregory Barnett said yes, for possibly trespassing. Mr. VanHorn asked how that

could be when he had left a public store. Officer Barnett told him that he did not

leave when asked. He then told Mr. VanHorn that he was not free to leave until

Officer Barnett spoke with the store employees.

Appellee Officer Tanner Eddings arrived and approached the group. Officer

Eddings told Mr. VanHorn he would have to go to jail if the Salvation Army pursued

trespassing charges against him. Officer Eddings then went inside the store, where

Ms. Keller, Ms. Riding, and an unknown patron told him Mr. VanHorn had been

asked to leave at least ten times. Officer Eddings told Ms. Keller that they could take

Mr. VanHorn to jail for disorderly conduct and asked if Ms. Keller wanted to pursue

trespassing charges against him. Ms. Keller responded, “[Y]ep, get him out of here.”

R. vol. II at 400 (internal quotation marks omitted).

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Officer Eddings directed Officer Brown to arrest Mr. VanHorn for disorderly

conduct and trespassing. Officer Brown did so. Appellee Officer Chad Hodge

arrived, assessed the situation, and determined Mr. VanHorn should be held in jail for

18 hours. Mr. VanHorn tried to show the officers the video on his phone, but they

refused to watch the footage and took him to the county jail.

In February 2022, at the City of Mission Municipal Court, Appellee Judge

Keith Drill arraigned Mr. VanHorn. Following the arraignment, Appellee David

Martin, a City of Mission Prosecutor, pursued disorderly conduct and criminal

trespassing charges against him. At the bench trial, the Salvation Army employees

and the City of Mission officers testified. Judge Drill found Mr. VanHorn guilty of

criminal trespass and disorderly conduct.

Mr. VanHorn timely appealed the convictions to the Johnson County district

court. He argued he was wrongly convicted because he never received a copy of his

charging offenses or the complaint. He also argued the Municipal Court improperly

arraigned him twice. On August 21, 2023, the Johnson County district court upheld

Mr. VanHorn’s convictions.

B. Federal Proceedings

Mr. VanHorn filed the federal lawsuit underlying this appeal asserting federal

and state law claims against ten defendants (the Defendants). 3 In his Amended

3 Defendants are the Salvation Army store, Ms. Riding, and Ms. Keller (collectively, the Salvation Army Defendants); Officer Brown, Officer Barnett, Officer Eddings, and Officer Hodge (collectively, the Mission Officers); and

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Complaint, Mr. VanHorn asserts thirteen claims—ten counts under federal law,

including § 1985(3), § 1983, and the Declaratory Judgment Act; and three counts

under state law. The Salvation Army Defendants moved to dismiss under

Fed. R. Civ. P. 12(b)(6), and the Mission Defendants filed a motion for judgment on

the pleadings under Fed. R. Civ. P. 12(c). The district court granted both motions,

resolved all federal claims without prejudice, declined to exercise supplemental

jurisdiction over the state law claims, and dismissed the case.

This timely appeal followed.

II. Discussion

Mr. VanHorn urges reversal on four grounds. First, the district court should

have exercised diversity jurisdiction over the state law claims. Second, the district

court improperly treated the Mission Defendants’ Rule 12(c) motion as one under

Rule 12(b)(6). Third, the district court erred in granting the Salvation Army

Defendants’ Rule 12(b)(6) motion on the § 1983 and § 1985 claims. And fourth, the

district court erred by dismissing a § 1983 due process claim against the Mission

Defendants. We discuss each in turn and discern no error.

A. Diversity Jurisdiction

The Amended Complaint asserted federal question jurisdiction, supplemental

jurisdiction, and diversity jurisdiction. After dismissing the federal claims, the

district court declined to exercise supplemental jurisdiction over the state law claims.

Prosecutor Martin, Judge Drill, and the City of Mission, Kansas (collectively, and together with the Mission Officers, the Mission Defendants). 5 Appellate Case: 24-3126 Document: 45-1 Date Filed: 05/07/2026 Page: 6

As we have explained, the decision to refuse supplemental jurisdiction under these

circumstances was within the district court’s discretion. See Koch v. City of Del City,

660 F.3d 1228, 1248 (10th Cir. 2011) (“When all federal claims have been dismissed,

the court may, and usually should, decline to exercise jurisdiction over any remaining

state claims.” (internal quotation marks omitted)). Mr. VanHorn does not argue

otherwise. Still, he insists the district court had an independent obligation to hear the

state claims because he pleaded diversity jurisdiction. We disagree.

“We review issues of subject matter jurisdiction de novo.” Youren v. Tintic

Sch. Dist., 343 F.3d 1296, 1305 (10th Cir. 2003). Federal courts have a general

obligation to adjudicate claims over which they have original jurisdiction. See New

Orleans Pub. Serv., Inc. v. Council of City of New Orleans, 491 U.S. 350, 358 (1989)

(“Our cases have long supported the proposition that federal courts lack the authority

to abstain from the exercise of jurisdiction that has been conferred.” (citing cases)),

abrogated in part on other grounds by Quackenbush v. Allstate Ins. Co., 517 U.S.

706 (1996). Here, the district court did not address diversity jurisdiction. And for

good reason. Under 28 U.S.C. § 1332(a)(1), “[t]he district courts shall have original

jurisdiction of all civil actions where the matter in controversy exceeds the sum or

value of $75,000, exclusive of interest and costs, and is between . . . citizens of

different States.” To establish the amount in controversy, a plaintiff must allege facts

showing damages that bear a reasonable relation to the jurisdictional minimum. See

Adams v. Reliance Standard Life Ins. Co., 225 F.3d 1179, 1183 (10th Cir. 2000). The

Amended Complaint states no facts sufficient to support diversity jurisdiction as an

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independent basis for proceeding in federal court on the state law claims. For

example, Mr. VanHorn does not allege a specific amount in controversy on the state

law claims. Id. at 1182 (observing that “[a]n open-ended prayer for recovery . . . is

not an allegation that diversity jurisdiction exists or that the amount in controversy

exceeds” the minimum jurisdiction floor). To be sure, Mr. VanHorn makes a

conclusory assertion that the amount in controversy is above $75,000. See R. vol. II

at 132, ¶ 30. And he requests “actual, general, special and compensatory damages,”

as well as “punitive damages in an amount to be determined by the jury,” id. at 236,

239, and 240. But he does not allege sufficient facts to establish recoverable

damages that exceed $75,000 on the state law claims. See Adams, 225 F.3d at 1183.

Under these circumstances, we discern no error in the district court’s decision

to dismiss the state law claims without prejudice.

B. Rule 12(c) Motion

Mr. VanHorn next challenges the district court’s decision to treat the Mission

Defendants’ Rule 12(c) motion as one under Rule 12(b)(6) and dismiss the case.

Whether the district court erred by treating a Rule 12(c) motion as a Rule 12(b)(6)

motion is an issue of law we review de novo. See Chieftain Royalty Co. v. SM

Energy Co., 100 F. 4th 1147, 1155 (10th Cir. 2024) (reviewing the district court’s

interpretation of the Federal Rules of Civil Procedure de novo); Home Loan Inv. Co.

v. St. Paul Mercury Ins. Co., 827 F.3d 1256, 1270 n.12 (10th Cir. 2016) (“[W]e look

beyond the form of the motion to the substance of the relief requested.” (internal

quotation marks omitted)).

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Ordinarily, a party files a Rule 12(b)(6) motion prior to filing an answer and a

Rule 12(c) motion once the pleadings have closed. When a case involves more than

one defendant, “the pleadings are not closed until all defendants file an answer.”

Santa Fe All. for Pub. Health & Safety v. City of Santa Fe, 993 F.3d 802, 809 n.3

(10th Cir. 2021) (internal quotation marks omitted). Thus, a plain reading of

Rule 12(c) suggests it is generally unavailable until all defendants in an action have

filed an answer to the complaint. Fed. R. Civ. P. 12(c). But “[a] motion for

judgment on the pleadings under Rule 12(c) is treated as a motion to dismiss under

Rule 12(b)(6).” Atl. Richfield Co. v. Farm Credit Bank of Wichita, 226 F.3d 1138,

1160 (10th Cir. 2000).

Here, the district court determined that it would be appropriate to treat the

Rule 12(c) motion as a Rule 12(b)(6) motion because (i) the Salvation Army’s

answer, if filed, would not affect pleading closure on the claims against the Mission

Defendants; (ii) the same standard applies to a motion for judgment on the pleadings

as a motion to dismiss; and (iii) a decision that addresses the substance of the

Rule 12(c) motion would ensure a “just, speedy, and inexpensive determination” of

the case, Fed. R. Civ. P. 1.

Mr. VanHorn argues the district court should have directed the Mission

Defendants to refile the Rule 12(c) motion after the pleadings had closed.

Defendants contend it was more efficient to address both motions at the same time

given the motions are analyzed under the same standard. We agree with Defendants.

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On the record before us, the distinction between a Rule 12(b)(6) motion and

Rule 12(c) motion resides in form and not function. See Dodson Int’l Parts, Inc. v.

Williams Int’l Co., 12 F.4th 1212, 1229 (10th Cir. 2021) (explaining a motion gets

judged by “its substance rather than according to its form or label” (quoting 5 Wright

& Miller, Federal Practice and Procedure § 1286 (3d ed. 2004))). Although the

pleadings had not closed, functionally the different defendants filed motions asserting

Mr. VanHorn failed to state a claim. Under these circumstances, the distinction

between Rule 12(b)(6) and rule 12(c) was without a difference: the Salvation Army’s

answer would not affect pleading closure on the claims against the Mission

Defendants and the same standard applied to both motions. Although Rule 12(c)

technically directs a party to file the motion after the pleadings have closed, we

conclude any technical violation in this case does not amount to reversible error. See

Albers v. Bd. of Cnty. Comm’rs, 771 F.3d 697, 704 (10th Cir. 2013) (“[W]hether the

district court dismissed the complaint based on a motion under Rule 12(b)(6) or Rule

12(c) makes no difference for purposes of our review. Therefore, any procedural

error that may have been committed would be harmless and does not prevent us from

reaching the merits of the district court’s decision.”); 28 U.S.C. § 2111 (“On the

hearing of any appeal . . . , the court shall give judgment after an examination of the

record without regard to errors or defects which do not affect the substantial rights

of the parties.”) (emphasis added).

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C. The Federal Law Claims Against the Salvation Army Defendants

Mr. VanHorn next argues the district court erred by dismissing the federal

claims under § 1985(3), § 1983, and the Declaratory Judgment Act against the

Salvation Army Defendants for failure to state a claim under Rule 12(b)(6). 4 We

review de novo the district court’s dismissal under Rule 12(b)(6). McNellis v.

Douglas Cnty. Sch. Dist., 116 F.4th 1122, 1130 (10th Cir. 2024). We “must take as

true all well-pleaded facts, as distinguished from conclusory allegations, [and] view

all reasonable inferences in favor of the nonmoving party,” but “a complaint cannot

rely on labels or conclusory allegations—a formulaic recitation of the elements of a

cause of action will not do.” Id. at 1130-31 (internal quotation marks and brackets

omitted).

Mr. VanHorn appears to argue the district court erred in ruling the Salvation

Army Defendants and the Mission Officers did not act jointly for purposes of the

§ 1983 and § 1985(3) claims against the Salvation Army Defendants. Mr. VanHorn

asserts they were acting under color of state law to violate his constitutional rights

when they called the Mission Officers and instructed them to arrest Mr. VanHorn.

We are not persuaded.

4 Mr. VanHorn’s Opening Brief does not challenge the district court’s application of qualified immunity to the Mission Officers on these claims, nor does he challenge dismissal of any of the official capacity claims, thus we deem them waived. See Sawyers v. Norton, 962 F.3d 1270, 1286 (10th Cir. 2020) (“Issues not raised in the opening brief are deemed abandoned or waived.” (internal quotation marks omitted)). 10 Appellate Case: 24-3126 Document: 45-1 Date Filed: 05/07/2026 Page: 11

i. Section 1985(3) Claim.

Mr. VanHorn argues the Salvation Army Defendants conspired with the

Mission Officers to deprive him of “the equal enjoyment, access, and use of public

accommodation, as protected by the . . . the Civil Rights Act of 1964[,]” in violation

of § 1985(3). R. vol. II at 186, ¶ 367.

Under 42 U.S.C. § 1985(3),

[i]f two or more persons . . . conspire . . . for the purpose of depriving . . . any person . . . of the equal protection of the laws, or of equal privileges and immunities under the laws; . . . or cause to be done, any act in furtherance of the object of such conspiracy . . . the party so injured or deprived may have an action for the recovery of damages[.]

A § 1985(3) claim requires a party show: “(1) a conspiracy; (2) to deprive plaintiff

of equal protection or equal privileges and immunities; (3) an act in furtherance of

the conspiracy; and (4) an injury or deprivation resulting therefrom.” Tilton v.

Richardson, 6 F.3d 683, 686 (10th Cir. 1993). This type of civil rights claim applies

specifically “to conspiracies motivated by some racial, or perhaps otherwise class-

based, invidiously discriminatory animus.” Id. (internal quotation marks omitted). A

conspiracy exists when two or more persons act in concert, established by evidence

of “a meeting of the minds or agreement” between or among the parties.

Abercrombie v. City of Catoosa, 896 F.2d 1228, 1230-31 (10th Cir. 1990). A

plausible conspiracy claim requires more than “an allegation of parallel conduct and

a bare assertion of conspiracy.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 556

(2007).

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As the district court correctly reasoned, Mr. VanHorn “never alleges facts

which could permit a reasonable finding of joint action between any of the Salvation

Army Defendants and the [Mission Defendants], or another party possessing state

power.” R. vol. II at 409. Mr. VanHorn resists this conclusion. He says he alleged

the Salvation Army Defendants and Mission Officers conspired to “deprive[] [him]

of the right to services and . . . equal enjoyment, use, and access to a place of public

accommodation” by creating two classes—the masked and unmasked—and denying

the unmasked services. Id. at 184. He also argues the Salvation Army Defendants

and Mission Officers conspired “to arrest and imprison [him] for invoking his right to

choose his own medical treatment.” Id. at 185. These allegations do not support a

plausible inference of conspiracy. “A claim is plausible when the complaint contains

factual content that allows the court to draw the reasonable inference that the

defendant is liable for the misconduct alleged.” Chilcoat v. San Juan Cnty., 41 F.4th

1196, 1207 (10th Cir. 2022) (internal quotation marks omitted). By calling in the

Mission Officers, the Salvation Army Defendants did not engage in joint action under

color of state law. See Benavidez v. Gunnell, 722 F.2d 615, 618 (10th Cir. 1983)

(“The mere furnishing of information to police officers does not constitute joint

action under color of state law which renders a private citizen liable under §§ 1983 or

1985.”).

We affirm the district court’s conclusion that Mr. VanHorn failed to allege a

valid § 1985(3) claim against the Salvation Army Defendants.

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ii. Section 1983 Claim.

Mr. VanHorn also asserted a claim under 42 U.S.C. § 1983 against the

Salvation Army Defendants and alleged they engaged in joint action with the Mission

Officers to violate his Fourth Amendment rights. Section 1983 provides a cause of

action against “[e]very person who, under color of any statute, ordinance, regulation,

custom, or usage, of any State[,]” deprives someone of a federal constitutional or

statutory right. 42 U.S.C. § 1983. “The two elements of a Section 1983 claim are

(1) deprivation of a federally protected right by (2) an actor acting under color of

state law.” Schaffer v. Salt Lake City Corp., 814 F.3d 1151, 1155 (10th Cir. 2016).

Under some circumstances, conduct by a private party can qualify as state action if

the conduct is “fairly attributable to the [s]tate.” Pino v. Higgs, 75 F.3d 1461, 1465

(10th Cir. 1996) (internal quotation marks omitted). Two conditions must be met for

private conduct to be fairly attributable to the state:

First, the deprivation must be caused by the exercise of some right or privilege created by the [s]tate or by a rule of conduct imposed by the [s]tate or by a person for whom the [s]tate is responsible. Second, the private party must have acted together with or . . . obtained significant aid from state officials or engaged in conduct otherwise chargeable to the [s]tate.

Id. (internal quotation marks omitted). Thus, to invoke the conduct of a private party

to satisfy the state action requirement, a plaintiff must plead facts to show that the

private party and the state official had a “specific goal to violate the plaintiff’s

constitutional rights by engaging in a particular course of action.” Gallagher v. Neil

Young Freedom Concert, 49 F.3d 1442, 1455 (10th Cir. 1995).

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The district court concluded Mr. VanHorn did not allege sufficient facts to

show the Salvation Army Defendants engaged in joint action with the Mission

Officers to violate his civil rights. As the district court observed, “[t]he closest

[Mr. VanHorn] comes to pleading a fact capable of supporting a finding of joint

action is his assertion that [Ms.] Keller . . . instructed another Salvation Army

Defendant ([Ms.] Riding) to ‘call the police.’” R. vol. II at 406. But simply availing

oneself of state procedure does not amount to state action, as the district court

correctly recognized.

Urging reversal, Mr. VanHorn insists he plausibly alleged joint action. He

points to a number of allegations in the Amended Complaint in support. See, e.g.,

Opening Br. at 37 (stating the Salvation Army Defendants “acted with a ‘specific

goal’ to violate [his] constitutional rights,” namely, “to have [him] arrested and

imprisoned without factual evidence of a crime” (citing Am. Compl. at ¶¶ 597-605,

R. vol. II at 234-35)); id. (contending he had left the store when he encountered the

Mission Officers, but “instead of allowing him to leave they planned the arrest and

imprisonment absent probable cause” (citing Am. Compl. at ¶ 623, R. vol. II at 238));

id. at 39 (alleging that the Salvation Army Defendants “instigated, assisted, directed

and encouraged” the Mission Officers to arrest and jail him (citing Am. Compl. at

¶¶ 620-627, R. vol. II at 237-38)).

Assuming the truth of these allegations, as we must at this stage of the

proceedings, Mr. VanHorn cannot plausibly show the Salvation Army Defendants

engaged in joint action with the Mission Officers. Mr. VanHorn makes a number of

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conclusory statements that the parties were acting jointly. But we do not “accept

‘[t]hreadbare recitals of the elements of a cause of action [that are] supported by

mere conclusory statements[.]’” Clinton v. Sec. Benefit Life Ins. Co., 63 F.4th 1264,

1275 (10th Cir. 2023) (alterations in original) (quoting Ashcroft v. Iqbal, 556 U.S.

662, 678 (2009); see also Brooks v. Mentor Worldwide LLC, 985 F.3d 1272, 1281

(10th Cir. 2021) (“An allegation is conclusory where it states an inference without

stating underlying facts or is devoid of any factual enhancement.”). Nor can the

Salvation Army Defendants be considered willful participants in state action by

simply availing themselves of state procedure for calling the Mission Officers. See

Pino, 75 F.3d at 1465.

We thus affirm the district court’s conclusion that Mr. VanHorn did not allege

sufficient facts to show the Salvation Army Defendants engaged in joint action with

the Mission Officers.

iii. Declaratory Judgment Act Claim.

Mr. VanHorn’s last federal claim against the Salvation Army Defendants

requests a declaratory judgment on the false arrest claim. The Declaratory Judgment

Act is not an independent cause of action. See Skelly Oil Co. v. Phillips Petrol. Co.,

339 U.S. 667, 671-74 (1950). To obtain a declaratory judgment, a party must also

assert a valid claim. See id. at 672.

Mr. VanHorn asserts the Declaratory Judgment Act claim was related to the

state law claims. He makes no other independent argument for reversal. Because we

have rejected his argument that the district court should have exercised diversity

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jurisdiction over the state law claims, we discern no error as to the district court’s

decision to decline Mr. VanHorn’s request for a declaratory judgment.

D. Section 1983 Due Process Claim

Finally, Mr. VanHorn urges reversal because he contends the district court

erroneously dismissed his Fourteenth Amendment procedural due process claim. In

his view, the Mission Municipal court was without jurisdiction to convict him

because no criminal complaint was ever properly filed.

Mr. VanHorn contends the district court’s application of abstention under

Parratt v. Taylor, 451 U.S. 527 (1981), overruled in part on other grounds by

Daniels v. Williams, 474 U.S. 327 (1986), is inapplicable. He also argues that

Judge Drill and Prosecutor Martin are not entitled to absolute immunity on this claim.

Again, we disagree.

We need not analyze whether Parratt applies because absolute immunity does.

Judges are generally immune from suit unless “(1) [ ] the act is not taken in the

judge’s judicial capacity, and (2) [ ] the act, though judicial in nature, is taken in the

complete absence of all jurisdiction.” Stein v. Disciplinary Bd. of Sup. Ct. of N.M.,

520 F.3d 1183, 1195 (10th Cir. 2008) (brackets and internal quotation marks

omitted). A prosecutor also has absolute immunity from suit “when functioning

within the scope of his duties in initiating and pursuing a criminal prosecution.”

Chilcoat., 41 F.4th at 1209 (internal quotation marks omitted). “Prosecutors are

entitled to absolute immunity for their decisions to prosecute, their investigatory or

evidence-gathering actions, their evaluation of evidence, their determination of

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whether probable cause exists, and their determination of what information to show

the court.” Id. (internal quotation marks omitted). Absolute immunity does not exist,

however, “when a prosecutor functions in the role of an administrator or investigative

officer rather than that of advocate.” Id. (internal quotation marks omitted).

Mr. VanHorn does not argue Judge Drill acted outside his judicial capacity.

Nor does he argue Prosecutor Martin acted outside his prosecutorial capacity.

Holding an arraignment and prosecuting a case is conduct that fits squarely within

the respective judicial and prosecutorial capacities shielded by absolute immunity.

Mr. VanHorn advances no contrary availing argument.

Conclusion

We affirm the dismissal of Mr. VanHorn’s claims. We also deny

Mr. VanHorn’s pending motions with this court. 5

Entered for the Court

Veronica S. Rossman Circuit Judge

5 Mr. VanHorn has five pending motions before this court: (1) Appellant’s Notice of Fraud to the 10th Circuit and Motion for Judical [sic] Notice of ‘60(b) Motion’ and ‘Notice of Fraud on the Court/Fraud on the Appellant’ [ECF Dkt. No. 26]; (2) Appellant’s Motion to Supplement the Record with Materials Demonstrating Fraud Upon the Court Pursuant to FRAP 10(e) [ECF Dkt. No. 28]; (3) Plaintiff’s Motion to Stay Pending the Resolution of 60(b) Motion [ECF Dkt. No. 29]; (4) Motion to Expedite Ruling on Stay Motion [ECF Dkt. No. 33]; and (5) Appellant’s Motion for Limited Remand [ECF Dkt. No. 36]. These motions are inextricably linked to the Rule 60(b) motion that was pending in the district court until recently. On July 24, 2025, Mr. VanHorn appealed the district court’s ruling on the Rule 60(b) motion (appeal No. 25-3126).