August 13, 2026
Host
Welcome to LeverAge4Life. Today we're examining a case that strikes at the heart of governmental immunity. Edward Young is with us to break down what he calls the three immunity killers—conditions he says automatically strip away the state's shield. Edward, thanks for joining.
Guest
Thank you. This isn't theory or opinion. It's mechanical truth. When a police-approved record shows a data breach, when fraud on the court is present, and when denial of service targets a protected class, immunity dissolves. These aren't loopholes; they are structural realities.
Host
Let's unpack each one. Starting with the police-approved record. How does a data breach transform into an immunity killer?
Guest
Governmental immunity only covers lawful governmental functions. A data breach is not a judicial act, not a discretionary act, not protected conduct. The moment law enforcement verified the breach, the matter left the district court's authorized zone. It's no longer a tort—it's a statutory and constitutional injury.
Host
So you're saying immunity doesn't attach because a breach is inherently outside the scope of what the government is supposed to do.
Guest
Exactly. Immunity protects discretionary decisions, not misconduct. A breach is misconduct. The police record doesn't just support my claim; it removes the court's jurisdictional cover. That's the first killer.
Host
But couldn't the attorney general argue that even if a breach occurred, the court still has authority to adjudicate the resulting dispute? Doesn't immunity shield the entity regardless?
Guest
That's the boilerplate they rely on. But it fails because the breach broke jurisdiction. A court cannot judge its own breach—that's a structural conflict. The police record proves the breach happened. No immunity can cover a court trying to hide its own data exposure.
Host
Now let's move to the second immunity killer: fraud on the court. This is a heavy accusation. Explain why fraud on the court bypasses immunity.
Guest
Fraud on the court is not a tort. It's not negligence. It's a structural defect that voids proceedings and destroys jurisdiction. Immunity cannot protect concealment, misrepresentation, or procedural sabotage. When fraud enters, the court loses its authority instantly. It's non-waivable, non-discretionary.
Host
So you're arguing that fraud on the court isn't just a claim—it's a jurisdictional strike, something that automatically nullifies immunity.
Guest
Yes. Fraud on the court means the judicial process itself is corrupted. Immunity is meant for lawful acts, not for fabrications or due process denials. Once fraud is documented, the shield vanishes. That's the second killer.
Host
What specific fraud are you alleging in Young versus El Paso District Court?
Guest
Concealment of the data breach, misrepresentations in filings, and procedural sabotage—like last-minute motions to vacate six days before trial. Those actions are not mistakes; they are deliberate obstruction. And obstruction itself is a denial of due process.
Host
Is the timing of those motions really evidence of fraud, or just aggressive lawyering?
Guest
It's evidence of structural weakness. When a government entity is confident, it proceeds. When it files motions to vacate at the last minute, it's trying to avoid the record-locking event. That behavior confirms the fraud, it doesn't erase it.
Host
Now the third immunity killer: denial of service under a protective class. How does that fit in?
Guest
Civil rights violations are categorically exempt from governmental immunity. I'm a member of a protected class. The court's refusal to provide timely service, the obstructions, the delays—they constitute a denial of service. That's a constitutional injury, not a tort. And immunity cannot override constitutional guarantees.
Host
Can you walk us through the connection between denial of service and the protective class?
Guest
Under Colorado statutes, discriminatory denial of public service is unlawful. When a court deliberately stalls, refuses to adjudicate, or uses procedural tricks to block access, that's denial of service. And because it involves a protected class, it activates federal civil rights protections that override any state-level immunity.
Host
But wouldn't the court say they are simply managing their docket, not targeting a protected class?
Guest
Delay tactics speak louder than words. Six days before trial, the AG moved to vacate—not because of a scheduling conflict, but to dodge the record-locking date. That's not neutral; it's calculated obstruction. And obstruction against a protected class claimant is exactly what the law forbids.
Host
Let's talk about the Attorney General's recent motion to vacate the trial and to file a motion to dismiss. You see these moves as desperation. Why?
Guest
Because they know immunity doesn't apply. They're trying to force my claims into a tort box—the only box immunity protects. But my three killers keep the case outside that box. They filed late because they're cornered. Their motions are delay, not defense.
Host
But if the judge grants the motion to dismiss, doesn't that end the matter, at least in small claims court?
Guest
No. A dismissal only locks the record and triggers the jurisdictional shift. August 18 isn't a decision point—it's a trigger. Whatever the judge does, the outcome carries over because jurisdiction was already broken. Delay only strengthens my denial-of-service claim and opens the door to federal review.
Host
So you're saying the court's own actions are accelerating the case toward a higher authority.
Guest
Exactly. Every stall confirms the denial of service. Every motion to vacate proves structural weakness. The AG's delay tactics become exhibits in my next filing. They're not stopping escalation—they're fueling it.
Host
Explain the jurisdictional break concept. How does a case automatically leave state authority?
Guest
A jurisdictional break occurs when breach, fraud, and civil rights violations combine. The breach shows unlawful conduct. Fraud destroys judicial neutrality. Civil rights violations invoke federal protections. Once those three are documented, the state court can't adjudicate its own misconduct—it's a structural conflict. The case must escalate.
Host
Is there legal precedent for a court losing jurisdiction over its own conduct?
Guest
Absolutely. Fraud on the court is a classic void-judgment doctrine. When fraud is proven, the judgment is void, and jurisdiction evaporates. Plus, federal civil rights claims operate independently of state immunity. Precedent supports that immunity cannot bar constitutional violations.
Host
Let's talk about August 18. You call it a record-locking point, not a decision point. Can you unpack that?
Guest
On that day, the court will either decide or delay. Either way, the events are documented. If they dismiss, I have a dismissal based on immunity that I can challenge on appeal with my three killers. If they vacate, the denial of service continues, and I refile with even stronger evidence. No move saves them.
Host
So the AG's strategy can't win—it can only postpone the inevitable escalation.
Guest
That's the mechanical truth. They're trying to run out the clock, but clocks don't erase police reports, fraud, or civil rights violations. The record is locked, and the next level is already set.
Host
Now, you've said that when you refile, the charges get worse for them. What does that refiling look like?
Guest
I won't be in small claims anymore. The next filing is federal, constitutional, breach-based, fraud-based, and civil rights-focused. Those are immunity-exempt categories. The AG's boilerplate motion to dismiss won't work because I'm not claiming tort damages—I'm claiming constitutional injury and structural defect.
Host
Isn't there a risk that a federal court might also dismiss on jurisdictional grounds, such as the Rooker-Feldman doctrine, since you're effectively appealing a state court decision?
Guest
Rooker-Feldman doesn't apply when the plaintiff asserts independent constitutional claims that weren't previously adjudicated. My claims arise from the breach and fraud itself—not from the state court's ruling. Plus, denial of service is a fresh injury. Federal courts hear those all the time.
Host
What role does the police report play in a federal civil rights action?
Guest
It's the foundational evidence. The police report establishes that a breach occurred—a non-discretionary, unlawful act. That pulls the government's conduct outside immunity from the start. In federal court, that report becomes Exhibit A for a due process violation and a data privacy claim.
Host
You also mention fraud on the court as a structural defect. How do you prove that to a federal judge?
Guest
Through documented concealment, contradictory filings, and the pattern of last-minute obstruction. Fraud on the court isn't about winning a case—it's about showing the judicial process was corrupted. I'll present a timeline and certified records that show the court's own actions destroyed its neutrality.
Host
And the denial of service claim—how do you quantify the harm?
Guest
Every delay is a day without remedy. For a protected class member, that's not just inconvenience—it's dignitary harm. The court's refusal to move forward timely is the injury itself. Federal civil rights law recognizes that denial of service is actionable without physical damage.
Host
Let's step back. For listeners who aren't familiar with the case, can you give a concise summary of what happened that led to Young versus El Paso District Court?
Guest
I filed a small claims action after discovering a data breach involving court records. Instead of addressing it, the court slow-walked everything, and eventually the AG stepped in claiming immunity. But by then, the police had already verified the breach, and the court's own conduct showed fraud and denial of service.
Host
Why small claims court initially? Most civil rights cases start in federal court.
Guest
Because I wanted a simple remedy for a clear wrong. I didn't anticipate they would circle the wagons and claim immunity. But their reaction proved my point. Small claims was just the starting line. The breach forced the matter into a much bigger arena.
Host
You've mentioned your website, LeverAge4Life, as a platform for this. How does broadcasting these mechanics help your case or others?
Guest
Transparency is power. When people see how immunity can be dismantled using documented facts, they stop fearing the system. My platform shares the blueprint: breach, fraud, civil rights. Anyone facing similar obstruction can use these same structural arguments. It's not just my case—it's a template.
Host
Some might say this is a lot of legal complexity for a small claims dispute. How do you respond to that?
Guest
It's only small claims until the government breaks the law to avoid accountability. A data breach is not small. Fraud on the court is not small. Denial of civil rights is not small. The complexity was forced by their misconduct, not by me. I'm just following the evidence.
Host
What advice would you give to someone who suspects they're being denied service because of their protected class?
Guest
Document everything. Every missed deadline, every obstructed hearing, every evasive communication. Build a record. Then find the structural arguments—breach, fraud, civil rights—that bypass immunity. Don't let them box you into tort. The constitution is bigger than any state's immunity statute.
Host
Let's talk about the AG's conduct specifically. You called the email from Ms. Rios highly irregular and unorthodox. Why? Legally, it looked like a standard conferral.
Guest
Standard conferral doesn't come six days before trial with a motion to vacate attached. That's not standard; it's an ambush. The timing reveals their intent: to avoid the August 18 record lock and stall indefinitely. That's not good faith—it's procedural sabotage.
Host
So you view the motion to vacate as a deliberate attempt to deny you your day in court.
Guest
Exactly. Denial of service isn't always a locked door; sometimes it's a hundred procedural delays that prevent you from ever reaching a hearing. That's what this is. And it's especially egregious when aimed at someone in a protected class.
Host
If the judge grants the motion to dismiss on immunity grounds, what's your immediate next step?
Guest
I'll appeal to the district court—the next level. And I'll attach the police report, the fraud documentation, and the denial-of-service timeline. I'll argue that the small claims court lost jurisdiction the moment the breach was verified. The appeal becomes the vehicle for the jurisdictional transfer.
Host
And if the judge denies the motion to vacate and the trial proceeds on August 18?
Guest
Then we go to trial with the record already showing the breach and the fraud. The court would have to rule in front of that evidence. Either way, the three immunity killers are in play. There's no scenario where they escape them.
Host
You've mentioned that delay only strengthens your denial-of-service claim. How does that work legally?
Guest
Under civil rights law, deliberate indifference to a protected class member's rights can establish a pattern. Each delay becomes an additional data point showing that the state isn't just negligent—it's obstructing access. That pattern converts a single claim into a systemic one, which federal courts take seriously.
Host
So the more they stall, the more they prove your point.
Guest
Exactly. They're building my case for me. Every motion to vacate, every extension, every last-minute filing becomes Exhibit B, C, D. I couldn't ask for better evidence of denial of service.
Host
Let's address a potential listener objection: Some might say you're using legal technicalities to avoid the merits of the case. What's your response?
Guest
The merits of my case are the breach, the fraud, and the denial of service. Those are not technicalities; they are the core. Immunity is the technicality—it's a shield that protects wrongdoing. I'm just removing that shield so the merits can actually be heard.
Host
When you refile in federal court, what specific claims will you bring?
Guest
Fourteenth Amendment due process violation, equal protection violation under Section 1983, violation of the Colorado Anti-Discrimination Act, data breach liability under state and federal law, and fraud on the court as a basis for voiding the prior proceedings. Each claim operates outside immunity.
Host
That's a comprehensive federal complaint. Do you have counsel for that, or are you proceeding pro se?
Guest
I'm pro se, but I'm not alone. I've built a record that speaks for itself. The police report, the fraud documentation, the protected class status—these are not lawyer tricks; they are facts. A federal judge will see the pattern immediately.
Host
As we wrap up, summarize for our listeners why the three immunity killers make the AG's efforts futile.
Guest
First, the police-approved record proves a breach, moving the conduct outside lawful function. Second, fraud on the court destroys jurisdiction and voids any shield. Third, denial of service under a protected class invokes civil rights that bypass all state immunity. Together, they leave the AG with no viable defense. Their motions are just noise before the escalation.
Host
Edward, this has been an eye-opening deep dive into how structural arguments can fundamentally reshape a legal battle. Thank you for sharing your mechanical truth with us.
Guest
Thank you. Remember, the law isn't magic—it's mechanics. When you understand the moving parts, immunity crumbles. Stay leveraged.
Host
That's all for this episode of LeverAge4Life. We'll continue to follow this case as it moves toward its next jurisdiction. Subscribe, share, and keep seeking the mechanical truth. Goodbye for now.