Michael Caruso Files Civil Complaint Against Judge Benjamin Figa for

Failing to Act in the Best Interest of the Child

Douglas County, CO – August 7, 2024 – Michael E. Caruso, a veteran with 14 years of honorable service and a committed father, has filed a civil complaint against Judge Benjamin Figa of the 18th Judicial District Court (Case Number 24CV94). The complaint alleges that Judge Figa’s handling of the family law case between Kristin Caruso and Michael Caruso (Case Number 2022 DR 30466) has significantly harmed Caruso’s six-year-old son and failed to uphold their child’s best interests.

Mr. Caruso, a practicing Catholic and dedicated business owner, is the Managing Member/Executive Principal of YoungCaruso. He is deeply committed to his family, service, community, faith, and education, and strives to ensure that the legal system upholds individual rights and freedoms.

“This legal action is not just about seeking justice for myself but ensuring that the rights and well-being of my son are protected. The court’s decisions have caused significant harm to my child, both physically, emotionally, and financially. I am committed to fighting for a fair and just system that truly acts in the best interest of children,” said Mr. Caruso.

Mr. Caruso has repeatedly contacted Governor Jared Polis, who appointed Judge Figa, regarding the judge’s handling of the case and the harm to his child. Despite these efforts, Caruso has yet to receive a response from the Governor’s office.

Mr. Caruso requests a jury trial in Douglas County to ensure accountability and impartiality. He also calls for public and media access to all court proceedings to ensure transparency and hold the judicial system accountable.

Take Action: Demand Accountability and Justice for Michael Caruso and His Son

  • Contact the Colorado Governor’s Office at (303) 866-2471 and demand that Governor Jared Polis take action to address the harm caused by Judge Figa’s decisions.
  • File your own complaint if you or someone you know has been affected by Judge Figa’s or any other judge’s biased rulings.
  • Share this story on social media to raise awareness about the need for transparency and accountability in our judicial system.

Most importantly, remember to vote: DO NOT RETAIN JUDGE BENJAMIN FIGA

Judge Figa has demonstrated that he does not serve the Douglas County community but rather prioritizes the interests of his own elitist community, along with Governor Polis. Let’s hold him accountable and ensure our judges represent the people they serve.

Together, we can demand a fair and just system that prioritizes the well-being and rights of children and families.

Complaint Highlights:

  1. Lack of Evidence for Protection Orders:

On July 11, 2022, Judge Figa converted a Temporary Protection Order (TPO) to a Permanent Protection Order (PPO) without evidence of neglect or abuse by Michael Caruso. This decision was based on unverified text messages that were inadmissible under Colorado Rules of Evidence. The Judge’s actions not only violated Mr. Caruso’s constitutional rights but also unjustly disrupted the child’s relationship with his father.

  1. Financial and Emotional Harm to the Child:

Judge Figa’s decision forced Mr. Caruso to liquidate his son’s $126,000 529B college savings account. These funds were crucial for the child’s future education, and the liquidation has jeopardized the child’s educational prospects and financial stability.

  1. Prolonged Separation from Father:

The child endured a 95-day period without seeing his father due to Judge Figa’s biased ruling. This extended separation caused significant emotional and psychological distress to the child, further undermining his well-being and development.

  1. Denying Due Process and Ignoring Crucial Evidence:

Despite Mr. Caruso’s exemplary record, including 14 years of honorable service in the United States Navy and Reserves, Judge Figa treated him like a criminal. Ignoring scientific and historical evidence, such as a voluntary clean drug test, Judge Figa denied Mr. Caruso’s motion to reconsider, knowing the truth of his testimony and the falsity of the accusations against him. During the hearing, Mr. Caruso, who was taking Lexapro, received no ADA accommodations for his disability. Instead, Judge Figa left this veteran homeless and separated from his son for 95 days, intentionally inflicting emotional distress. The judge also refused to admit a crucial email into evidence that clearly demonstrated the PPO was being used to extort Mr. Caruso for money. The opposing counsel’s email sent two days before the hearing stated Mrs. Caruso would agree to supervised visits if Mr. Caruso would agree to highly beneficial financial terms.

  1. Excessive Financial Burden:

Judge Figa’s actions imposed a severe financial burden on Mr. Caruso, costing him over $300,000. Due to the contentious nature of the case, there was a shortage of willing supervisors, forcing Mr. Caruso to use paid supervisors. He spent approximately $1,000 per hour to see his son for only 300 hours over two years. Judge Figa’s bias and negligent rulings would have eliminated most parents from parenthood. This further proves his unfitness to serve as a family court judge.

  1. Stomach Surgery and Health Issues:

The stress caused by the court’s biased decisions led to severe health issues for the child, culminating in the need for stomach surgery. The ongoing stress and emotional turmoil significantly impacted the child’s well-being, highlighting the detrimental effects of Judge Figa’s negligent rulings.

  1. Disregard for Parental Rights and Family Well-being:

Despite Mr. Caruso’s exemplary background as a veteran and business owner, Judge Figa demonstrated a consistent bias against him. The Judge’s actions included ignoring Mr. Caruso’s lack of criminal history and the absence of any visible threat, resulting in decisions that deprived the child of his father’s presence and support. This disregard for the father’s rights and the child’s well-being has caused profound emotional and psychological distress to the child.

  1. Bias and Procedural Errors:

Judge Figa exhibited bias by excluding crucial evidence that demonstrated the frivolous nature of the PPO. This includes disregarding allegations of abuse and coercion by Kristin Caruso and failing to hold her to the same standards of evidence required from Michael Caruso. These procedural errors have further undermined the fairness of the judicial process and exacerbated the harm to the child.

  1. Ignorance of the Law:

Prior to his appointment, Judge Figa had no experience whatsoever in Family Law. At the time of this hearing, he was single with no children. He was not qualified to preside over family court.

Judge Figa’s fundamental misunderstanding of the legal framework is evident in his issuance of a two-year Permanent Protection Order (PPO). Despite the term “permanent” being straightforward, he needed repeated explanations from Mr. Caruso’s attorney to include a provision allowing Mr. Caruso to maintain a relationship with his son. This reveals his unpreparedness and ignorance of the law, raising serious concerns about his ability to preside over family law cases.

Judge Figa’s inconsistent application of the rules of evidence further demonstrates his bias. He allowed unverified text messages while denying a crucial email that exposed the frivolous nature of the PPO. This selective admission of evidence unfairly advantaged one party and undermined the integrity of the legal process

Judge Figa’s staggering ignorance is further exemplified by his misguided issuance of a Permanent Protection Order (PPO) for two years, a draconian measure that betrays a fundamental misunderstanding of the legal framework. The term “permanent” is not exactly nuanced, with a reading level of approximately 7th grade (Flesch-Kincaid Grade Level). One would expect a judge to grasp its significance, but alas, Judge Figa’s actions suggest otherwise.

  1. Questionable Appointment and Assignment of Judge Figa:

The complaint raises concerns about Governor Polis’s appointment of Judge Figa to the 18th Judicial District Court, specifically questioning why a Jewish governor would appoint a Jewish judge to preside over cases involving white Christian men like Mr. Caruso. This decision is puzzling, given the cultural and religious differences between Judge Figa and the community he serves.

Furthermore, Governor Polis has demonstrated a flagrant disregard for Christian rights in the past, as evidenced by his response to the Supreme Court’s ruling in favor of the Christian bakery owners. Despite the Court’s decision, Governor Polis and his constituents exhibited bias against the Christian owners, revealing a troubling pattern of discrimination. His office’s failure to even appropriately acknowledge Mr. Caruo’s complaint of the abuse of his child shows his contempt for Christians and their families.

The complaint alleges that Mr. Caruso, an upstanding Christian citizen, experienced bias from Judge Figa and Dr. Kopit (a PRE ordered by Judge Figa), resulting in significant financial losses (estimated at $400,000). This outcome effectively transferred Mr. Caruso’s Christian generational wealth to Jewish-owned businesses, raising concerns about fairness and impartiality in the judicial system.

Notably, a rebuttal PRE performed by Noreen Comella, Psy.D. revealed Dr. Kopit’s intentional omission of exculpatory evidence provided by Mr. Caruso via email, which would have portrayed him favorably. Conversely, Dr. Kopit also omitted incriminating evidence against Mrs. Caruso.

Furthermore, during a status hearing on June 11, 2023, Mr. Caruso’s attorney had recused herself. Mr. Caruso informed the Judge that he would request his new attorney to file a motion for the Judge’s recusal due to bias once hired. The Judge responded with dismissive remarks, disregarding Mr. Caruso’s concerns and leaving unnecessary restrictions in place. Instead of awaiting a formal motion, the Judge voluntarily recused himself and then took the highly unusual step of suppressing the case files, requiring special permission to access them. Neither the new Judge nor Mr. Caruso’s attorney, with a combined 50 years of experience, had ever seen files suppressed in this manner.

Mr. Caruso’s complaint seeks answers and requests an investigation into:

  • Putting the child first without creating more damage by targeting one parent is destroying one parent is absolutely not in the best of any child.
  • Redistributing their generational wealth to “professionals” under cover of protecting the child’s best interest.
  • The appointment and assignment of Judge Figa.
  • The conduct of Dr. Kopit.

To ensure the judicial system serves all citizens equally and without bias and to address the concerns of:

  • Religious discrimination and bias in the judicial system.
  • Unfair treatment of Christian individuals, particularly in family court cases.
  • Abuse of power and disregard for constitutional rights by Governor Polis and Judge Figa

For more information or to conduct an interview please contact:

Michael E. Caruso
Managing Member/Executive Principal
mcaruso@youngcaruso.com
C: 720.765.2155