IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge William J. Martínez

Civil Case No. 11-cv-02765-WJM-BNB

DALIP BASANTI,

Plaintiff,

v.

JEFFREY METCALF, M.D.,

JASON ROZESKI, M.D.,

PLATTE VALLEY MEDICAL CENTER,

THE UNTIED STATES OF AMERICA, and

SALUD FAMILY HEALTH CENTER

Defendants.

ORDER OF RECUSAL

This matter comes before the Court on the Notice filed in this case by Defendant

United States of America. (ECF No. 117). In the Notice, the United States informed the

Court that, while it did not seek recusal of the undersigned, it did wish to bring to the

Court’s attention the relationship the undersigned’s spouse has with one of the

Defendant’s primary testifying expert witnesses in this case, Mark Deutchman, M.D. 

In addition to her position as Associate Director of Denver Public Health, the

undersigned’s wife, Judith C. Shlay, M.D., also holds a position on the faculty of the

University of Colorado School of Medicine’s Department of Family Medicine. The

United States has brought to the Court’s attention the fact that Dr. Deutchman is also a

Professor in the Department of Family Medicine at the University of Colorado School of

Medicine, and as a result knows the undersigned’s wife. Id. at 2. More specifically, Dr.

Deutchman is a member of the Committee that votes on faculty promotions, and was a

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member of that Committee when it previously voted on the undersigned’s wife’s faculty

promotion. Id.

As directed to by the Court, Plaintiff has filed a Response to the Notice. (ECF No.

121) (the “Response”). Plaintiff urges the undersigned’s recusal, premised primarily on

the possibility that Dr. Deutchman might in the future reprise in some fashion his role

with respect to the undersigned’s wife’s continuing faculty appointment at the University

of Colorado School of Medicine. Id. at 2-3. The Court finds that Plaintiff raises valid

points in the Response, most particularly in light of the fact that the trial in this case

would be a trial to the Court. 

Section 455(a) of Title 28 of the United States Code states that “Any justice,

judge, or magistrate judge of the United States shall disqualify himself in any

proceeding in which his impartiality might reasonably be questioned.” A trial judge must

recuse himself when there is an appearance of bias, regardless of whether there is

actual bias. Nichols v. Alley, 71 F.3d 347, 350 (10th Cir. 1995). The test is whether a

reasonable person, knowing all the relevant facts, would harbor doubts about the

judge’s impartiality. Hinman v. Rogers, 831 F.2d 937, 939 (10th Cir. 1987). 

The Court holds that its impartiality in this case might reasonably be questioned

by an objective observer, given the relevant circumstances summarized above. United

States v. Gigax, 605 F.2d 507, 511 (10th Cir. 1979), overruled on other grounds by

United States v. Lang, 364 F.3d 1210, 1216 (10th Cir. 2004) (When considering

disqualification in any case, the facts are to be “evaluated from the viewpoint of an

objective reasonable observer.”).

It is therefore ORDERED that the Judge’s file be returned to the Clerk’s office for

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the case to be reassigned by random draw.

Dated this 5th day of April, 2013.

BY THE COURT:

_______________________

William J. Martínez 

United States District Judge

 

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