Eaves v. Paxton

── Eaves v. Paxton ── Court: Court of Appeals for the Tenth Circuit Date: April 15, 2026 Category: General Appellate Case: 24-1400 Document: 18-1 Date Filed: 04/15/2026 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT April 15, 2026 _________________________________ Christopher M. Wolpert Clerk of Court RODNEY DOUGLAS EAVES, Plaintiff - Appellant, v. No. 24-1400 (D.C. No. 1:23-CV-01628-GPG-KAS) KEN PAXTON; CELENA CONTRERAS; (D. Colo.) RICARDO GARCIA; CYNTHIA ROSA; VIRGINA FREED, Defendants - Appellees. _________________________________ ORDER AND JUDGMENT * _________________________________ Before McHUGH, MORITZ, and CARSON, Circuit Judges. _________________________________ Plaintiff Rodney Eaves, a Colorado prisoner appearing pro se, appeals from the district court’s dismissal of his 42 U.S.C. § 1983 action. Our jurisdiction arises pursuant to 28 U.S.C. § 1291. We affirm in part, reverse in part, and remand for further proceedings. After examining the briefs and appellate record, this panel has determined * unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.  Appellate Case: 24-1400 Document: 18-1 Date Filed: 04/15/2026 Page: 2 I In March 2015, Colorado authorities arrested Mr. Eaves. A Colorado state court convicted him of aggravated robbery and other crimes. He is currently serving a thirty-year term of imprisonment. While in custody awaiting trial, Mr. Eaves allegedly contacted Ken Paxton, the Attorney General for the State of Texas, to notify him that Mr. Eaves’ “financial situation had changed and [he] would not be able to pay the excessive interest owed in [his] debt to the State of Texas.” R. vol. I at 11. That debt arose from a Texas state court child support order. According to Mr. Eaves, Mr. Paxton ignored this communication. For several years following his conviction, Mr. Eaves claims he contacted Mr. Paxton and three employees of the Texas Child Support Division (TCSD), Celena Contreras, Ricardo Garcia, and Cynthia Rose, as well as Virginia Freed, who worked for Benton County (Colorado) Social Services. Mr. Eaves sought “a hearing so [his changed] financial circumstances could be placed on record.” Id. Mr. Paxton allegedly directed his employees “to ignore” Mr. Eaves’ “requests for due process” and “instead instructed Ms. Freed” to “collect payments from” Mr. Eaves. Id. II Mr. Eaves initiated this federal action in June 2023 by filing a pro se complaint against Mr. Paxton, his employees, and Ms. Freed. The magistrate judge screened the complaint, noted a number of defects therein, and directed Mr. Eaves to file an amended complaint. 2  Appellate Case: 24-1400 Document: 18-1 Date Filed: 04/15/2026 Page: 3 Mr. Eaves filed an ame