The U.S. Court of Appeals for the Tenth Circuit affirmed a district court's dismissal of an employment action brought by Gregory Michael Majersky against Denver Public Schools, marking another loss for the pro se plaintiff in his legal battle with the school district.
The three-judge panel, consisting of Circuit Judge Hartz, Senior Circuit Judge Lucero, and Circuit Judge Phillips, issued the order and judgment on Jan. 16, 2026, exercising jurisdiction under 28 U.S.C. § 1291. The court determined that oral argument would not materially assist in resolving the appeal and submitted the case without argument.
According to court documents, Majersky filed his operative complaint in December 2023 after filing several documents amending his initial complaint. The case stems from his employment with Denver Public Schools, where he worked in a security capacity. The specific nature of his claims and the circumstances that led to the employment dispute were not detailed in the available court filings.
The case originated in the U.S. District Court for the District of Colorado under case number 1:23-CV-02956-SKC-KAS before being appealed to the Tenth Circuit as case number 25-1102. The district court's dismissal of Majersky's employment action prompted his appeal to the federal appellate court.
Representing himself without legal counsel, Majersky faced the challenging task of navigating the complex federal appeals process. Pro se litigants often encounter difficulties in federal court due to the technical requirements of pleading standards and procedural rules that govern employment litigation.
The Tenth Circuit's affirmance means that the district court's dismissal of Majersky's employment claims stands. The appeals court found no reversible error in the lower court's handling of the case, though the specific grounds for dismissal were not detailed in the publicly available portions of the ruling.
Employment disputes involving public school districts often involve claims under federal civil rights statutes, state employment laws, or collective bargaining agreements. Security personnel in school districts may face unique workplace challenges, particularly in the current environment of heightened security concerns in educational settings.
The timing of Majersky's complaint filing in December 2023 suggests the underlying employment issues may have occurred earlier that year or in 2022, given typical statutory deadlines for employment claims. Federal employment discrimination claims generally must be filed within specific timeframes after the alleged discriminatory conduct occurs.
The Tenth Circuit's decision not to hear oral argument reflects the court's assessment that the legal issues presented could be resolved based on the written briefs and appellate record alone. This procedural determination is common in cases where the legal questions are straightforward or where the appellant has not raised substantial arguments for reversal.
The order and judgment carries a notation that it "is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel." However, the decision may be cited for its persuasive value in accordance with Federal Rule of Appellate Procedure 32.1 and Tenth Circuit Rule 32.1.
For Denver Public Schools, the affirmance represents a successful defense of the district court's dismissal. Public school districts face regular employment-related litigation and must balance their obligations to employees with their educational mission and budget constraints.
The case demonstrates the challenges faced by pro se litigants in federal employment litigation. Without legal representation, plaintiffs must navigate complex procedural requirements, meet strict pleading standards, and present persuasive arguments for their claims. The federal court system's technical requirements can prove particularly difficult for self-represented parties.
Majersky's options following this adverse ruling are limited. He could potentially petition for rehearing before the Tenth Circuit panel or seek review by the full Tenth Circuit en banc, though such requests face high standards for acceptance. A petition for certiorari to the U.S. Supreme Court would be theoretically possible but extremely unlikely to be granted absent novel legal questions of national significance.
The resolution of this case closes another chapter in employment litigation involving Colorado's largest school district. Denver Public Schools, serving more than 90,000 students, employs thousands of teachers, administrators, and support staff, including security personnel responsible for maintaining safe learning environments.
Employment security in public education remains an important issue as school districts nationwide grapple with staffing challenges, safety concerns, and budget pressures. The outcome in *Majersky v. Denver Public Schools* adds to the body of case law governing employment relationships in public education settings, even as a non-precedential decision.