Supreme Court of the State of Colorado
2 East 14th Avenue · Denver, Colorado, 80203
William Montgomery
Plaintiff · Petitioner–Appellant
v.
Best Buy Stores, L.P.
Defendant · Respondent–Appellee
Colo. Sup. Ct. · 2026SC236
Colo. Ct. App. · 2025CA327
Jefferson Cty. Dist. Ct. · 2023CV226
Petition for Writ of Certiorari

A summary‑judgment trap
Colorado courts never sanctioned.

On the bedrock principle that a movant for summary judgment must come forward with evidence—not bare argument—the Court of Appeals' decision below quietly inverts C.R.C.P. 56, splits in pure diametric conflict with Amada, conflicts with Wallman, Morlan, Central Bank, and Suncor, and forges procedural forfeitures that no Colorado authority requires. The result is a judicially sanctioned playbook for sandbagging that will be deployed against every pro se litigant and resource‑starved party in the State.

Every assertion traces directly to a docketed primary source. Every PDF is downloadable, body camera footage is on file, and the full record is browsable here. The record is the case.

C.A.R. 53(g)  :  Leave of Court  ·  7-Day Window

Amicus briefs require leave of court — and must be filed within 7 days of the petition.

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until 11:59 p.m. MDT on Thursday, June 4, 2026 — the seventh day after the petition's filing

The petition will be filed on Thursday, May 28, 2026. Under C.A.R. 53(g), an amicus curiae may file a brief "only by leave of court or at the court's request," and it "must be filed within 7 days after the filing of the petition, opposition, or cross-petition that the amicus brief supports." The motion for leave (with the proposed brief attached) must therefore be filed after the petition's filing, but within 7 days of it — the countdown above runs to the close of that 7-day window.

View All Three Amicus Pathways 
Reading Order

Pick your depth — start anywhere, but start somewhere.

Cold to the case? Here's where to spend the time you actually have.

Questions Presented

Five questions of statewide procedural law.

Each issue, standing alone, warrants this Court's supervisory correction under C.A.R. 49(b), (c), and (d). Together, they describe a decision that—left uncorrected—will systematically disadvantage unrepresented and resource‑limited parties in every Colorado civil court.

Read All Five Issues in Full  Read All Ten Arguments in Full 
V

Mutually irreconcilable evidence accepted as simultaneously true

Whether a court may accept mutually irreconcilable evidence as simultaneously true, invert foundation burdens, draw merely colorable inferences against the non‑movant, and dismiss sworn affidavit testimony and corroborating body camera footage as "self‑serving speculation"—all in violation of C.R.C.P. 56.

Scott v. Harris, 550 U.S. 372 · Anderson v. Liberty Lobby
Why This Matters

Procedural fairness and civil
rights—in a single record.

This case is not a one‑off. The procedural distortions below were applied to a 12-minute false detention captured on body camera. The legal questions are independent from those facts—but the facts are why the questions reached this Court.

For Procedural & Appellate Practice

Summary judgment is the most frequently filed dispositive motion in Colorado civil courts. The Court of Appeals has quietly rewritten how it works: a movant may file an evidence‑free opening brief, observe the response, and produce its actual evidence only in reply—labeling that evidence "rebuttal" while arguing forfeiture to any later objection. If left uncorrected, these rules will alter how every Colorado MSJ is litigated.

The decision splits in pure diametric conflict with Amada, and conflicts with Wallman, Morlan, Central Bank, and Suncor—five decisions the Colorado Supreme Court and the Court of Appeals have repeatedly applied for decades.

For Civil Rights & Access to Justice

Mr. Montgomery was detained for twelve minutes by store employees who never identified what he supposedly possessed, who claimed to have called police that no record shows were ever called, and whose own affidavit and receipt—both introduced for the first time in reply—contradict each other on whether he was inside the store at all.

The Panel resolved every contradiction in Best Buy's favor while dismissing sworn testimony and body camera footage as merely "self‑serving speculation." That is not summary judgment—that is trial by appellate brief.

The One‑Minute Contradiction

A timeline that cannot be reconciled.

Defendant's two pieces of reply‑only evidence contradict each other—and both contradict Plaintiff's own body camera footage. The Court of Appeals never addressed this.

2:19 PM
Body Camera
Plaintiff is standing outside the store.
The detention has already begun.
2:20 PM
Receipt Timestamp
Plaintiff's brother—an authorized user—makes
a purchase using Plaintiff's credit card.
Manager's Affidavit
"Immediately Left"
Claims he watched Plaintiff steal and
"immediately leave the Best Buy Store."

If the manager observed Plaintiff steal and "immediately leave," there was no time for a purchase. If Plaintiff made a purchase and "immediately left," the theft observation is impossible. Both cannot be true—yet the Court of Appeals concurrently adopted both.

A Question to Pause On

Reviewing the prior‑litigation footnote in the Court of Appeals' opinion?

The Record documents, in granular detail, why every fact element of the prior Walmart cases is structurally absent from this Best Buy case, and gathers — with deep links into the live consolidated briefing PDFs — every passage in which Plaintiff has directly refuted the “lawsuit scammer” framing on the record. From the Record Itself 

Key Documents

Start with the cert‑pool memo. Then the four filings every amicus reviewer should read.

Browse the Complete Document Library 
Three Pathways to Amicus Support

Sign as drafted. Modify and sign. Or replace with your own brief.

Mr. Montgomery is a pro se petitioner, not an institutional movant. Whatever resources you can bring to bear—a name on the brief, a voice in the legal community, an institutional banner—materially advances the question whether a Colorado court of last resort permits the procedural ambush below.

View Amicus Pathways  Email the Petitioner
Cert-Pool Memo Top