Opinion
Civil Action No. 12-cv-00763-RPM
02-15-2013
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.
Senior District Judge Richard P. Matsch
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.
BY THE COURT:
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Richard P. Matsch, Senior Judge