Riggan v. Glendale, Colorado, City of et al
Filing
54
ORDER DISMISSING DEFENDANTS OFFICER PAUL VONFELDT AND OFFICERMATT WHETSTONE : this civil action is dismissed as to Defendants Officer PaulVonFeldt and Officer Matt Whetstone, by Judge Richard P. Matsch on 2/15/2013 (motion 35 terminated). (rpmcd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 12-cv-00763-RPM
RANDY LEE RIGGAN,
Plaintiff,
v.
THE CITY OF GLENDALE, COLORADO, a municipality,
OFFICER CHRIS TYROLT, in his official and individual capacity,
SERGEANT CRYSTAL JOHNSON, in her official and individual capacity,
SERGEANT JIM BANG, in his official and individual capacity,
OFFICER PAUL VONFELDT, in his official and individual capacity, and
OFFICER MATT WHETSTONE, in his official and individual capacity,
Defendants.
_____________________________________________________________________
ORDER DISMISSING DEFENDANTS OFFICER PAUL VONFELDT AND OFFICER
MATT WHETSTONE
_____________________________________________________________________
This civil action arises out of events that took place in Glendale, Colorado, on
May 12, 2010. In the amended complaint filed August 8, 2012, the plaintiff named
Officer Paul VonFeldt and Officer Matt Whetstone, Denver police officers, as additional
defendants. These defendants have moved to dismiss this civil action as to them based
on the bar of the two-year statute of limitation. The plaintiff acknowledges the
untimeliness of the amended complaint but alleges that equitable tolling should be
provided because of the difficulty in obtaining the names of the officers present at the
scene. Equitable tolling is determined under Colorado law and the plaintiff has failed to
show that these individual defendants were in any manner preventing disclosure of their
names and the plaintiff has failed to show such exceptional circumstances as to warrant
equitable relief. As an additional basis for dismissal, the defendants observe that the
only allegations that could be interpreted to apply to either of them is that an officer
holding a rifle stood on the plaintiff’s neck while he was being restrained. That alone is
insufficient to state a claim against either of these named defendants. Upon the
foregoing, it is
ORDERED that this civil action is dismissed as to Defendants Officer Paul
VonFeldt and Officer Matt Whetstone.
DATED: February 15th, 2013
BY THE COURT:
s/Richard P. Matsch
__________________________
Richard P. Matsch, Senior Judge
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