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Kenno v. Colorado Governor’s Office, et al.
The Colorado Governor’s Office of Information Technology employed Yoseph Yadessa Kenno as a database administrator from January 2017 to December 2018. The OIT terminated Kenno’s employment after progressive discipline failed to correct what it viewed as serious performance problems.
Kenno appealed his termination to the Colorado State Personnel Board. He also filed charges with the Colorado Civil Rights Division, which found no probable cause for discrimination or retaliation. In addition, Kenno filed the action underlying these appeals against the OIT and several OIT employees, asserting multiple claims of discrimination, retaliation, wrongful discharge and constitutional violations.
In proceedings before the Colorado State Personnel Board, the CCRD and the district court, Kenno produced evidence the OIT believed he fabricated or manipulated. The OIT moved for sanctions before the board, which granted the OIT’s motion, dismissed the case with prejudice and awarded the OIT reasonable costs and attorney fees.
In the district court, the defendants, OIT and several of its employees, filed a motion to dismiss Kenno’s claims as a sanction for fabrication of evidence and also sought an award of costs and attorney fees. After a two-day evidentiary hearing, the district court granted the defendants’ motion. The court found by clear and convincing evidence that Kenno fabricated or manipulated an audio file, emails and a Google domain from which he sent fake recovery emails to his state email account.
Accordingly, the district court granted the defendants’ motion, dismissed Kenno’s claims with prejudice, awarded the defendants their reasonable costs and attorney fees and entered a judgment.
Kenno filed a motion for reconsideration, which the district court denied. Kenno then filed a notice of appeal and, after further post-judgment litigation, filed another.
The 10th Circuit found, upon review, clear and convincing evidence supported the district court’s finding that Kenno manipulated the audio recording. Among other things, the appeals court also noted the district court found the visual differences between the emails alone were strong evidence of user manipulation, and other circumstantial evidence showed that Kenno had the motive, ability and opportunity to fabricate them.
The 10th Circuit Court of Appeals affirmed the district court’s judgments and post-judgment rulings.