Plaintiffs Randall Hatlee and Ronald Swift filed the lawsuit on Sept. 10 claiming that the “unreasonable seizure” of their horses by deputies “severely injured them emotionally and caused them severe humiliation and embarrassment,” said Lakewood-based attorney Brice Tondre, who is representing Hatlee and Swift.
The Fourth Amendment prohibits unreasonable searches and seizures and requires that any warrant be judicially sanctioned and supported by probable cause.
After reviewing the complaint, Park County Undersheriff Monte Gore said the Sheriff’s Office conducted a professional law enforcement investigation in this case for severe animal neglect.
“I’m proud of the hard work performed by our code enforcement officers,” Gore said. “Probable cause was found, and the case went to court. We were all disappointed with the outcome of this case; however we will always ‘do the right thing.’ We will never shirk our responsibilities because of the threat of a lawsuit.”
The lawsuit stems from an incident in February 2012 in which Routt County Sheriff’s Office Deputy Dawn Smith called Park County Sgt. Bobbi Priestly and reported that while conducting a follow-up investigation at the Echo Valley Ranch, she saw seven horses that were unusually thin.
Priestly informed Deputy Cindy Hardey about a report from Routt County, and Hardey arranged to do a welfare check on the horses at the ranch.
Several Park County deputies reported that seven horses at Echo Valley Ranch were thin, possibly mistreated and suffering from neglect.
Hatlee told The Flume on Sept. 30 that he had cared for horses for a half century and had never been accused of any type of animal cruelty or mistreatment.
Hatlee and Swift had consulted with veterinarians at the time of the incident to determine why the horses were losing weight.
“I’ve never seen anything that made a horse lose weight this quick and not be able to put weight back on,” Swift said in March, citing a mystery condition that affected the horses.
Echo Valley Ranch is on Park County Road 70, east of Bailey.
Six of the horses were seized, and Hatlee and Swift were issued summonses charging them with animal cruelty.
The lawsuit states that both the warrant and the summonses from the Park County Sheriff’s Office were without probable cause to believe that the crime of animal cruelty had been committed.
The lawsuit alleges that the Sheriff’s Office “succumbed to the political pressure” from a group of animal rights activists and sought and received the warrant to seize the six horses.
In March, Hatlee and Swift were found not guilty on four counts each of charges of misdemeanor animal cruelty by a six-person jury in county court in Fairplay.
There was testimony in the case that toxic weed might be the cause of the horses’ problems.
Defendants listed in the lawsuit include Sheriff Fred Wegener, Gore, Sgt. Bobbi Priestly, Deputy Cindy Hardey and veterinarian Ashleigh Olds Dedrich.
The lawsuit states that Hardey’s affidavit supporting her request for a warrant failed to inform the judge who issued the warrant that there was an agreement in place to leave the horses in the care and custody of Hatlee and Swift for a month in order to allow them to show the horses were not neglected.
Hardey’s affidavit also failed to inform the judge that two veterinarians with the Colorado Department of Agriculture said the agreement was reasonable and that the horses were not in danger where they were housed, according to the lawsuit.
“The judge who presided over the prosecution of the defendants found that the omissions were material, made in bad faith and would have led to refusal to issue a warrant if disclosed,” the lawsuit stated.
The lawsuit seeks punitive damages for “reckless and callous indifference to plaintiffs’ federally protected rights,” attorneys fees and other costs.
(The Flume - October 4, 2013)
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ReplyDeleteA local jury throws out a case more worried about the ego of the property owner and a vague toxic weed excuse rather than the immediate needs of sick horses. These horses were in need of immediate vet care and couldn't wait a month for the owner to "prove" anything. However we see good people who care about animals called "activists". This word is used as an epithet to minimize people who have a legitimate concern about an animal. “Activists” founded this country, positive change starts with people saying we find the status quo unacceptable. So does wanting a horse to receive vet care of make you and an "activist"? I guess so !
ReplyDeleteThe quote from Park County Undersheriff Monte Gore.. “I’m proud of the hard work performed by our code enforcement officers”, Gore said. “Probable cause was found, and the case went to court. We were all disappointed with the outcome of this case; however, we will always ‘do the right thing.’ We will never shirk our responsibilities because of the threat of a lawsuit.”
Doing the right thing. Wow, this man has integrity and stands up for what is right. And that is all any of us can do!