A federal judge summarily dismissed a civil lawsuit filed by a Rifle woman challenging her arrest after geese were discovered inside her garage in violation of a city ordinance.
U.S. District Judge Lewis T. Babcock’s ruling against Jo Ann Dodea on Tuesday indicated she had failed to peck away at the city’s qualified immunity defense.
Babcock’s decision requires Dodea to pay court costs for the city of Rifle and three police officers and a sergeant who were involved in Dodea’s arrest. The city hired the Denver law firm of Senter Goldfarb & Rice.
The legal squabble began in May 2012 when a neighbor called police complaining that Dodea was raising 22 chickens and five geese at her home. At the time, Rifle citizens could keep a maximum two chickens or ducks on their property. The code now allows more fowl but no geese.
Dodea claiming her constitutional rights were violated, in part because police had no right to search her home on the “unlikely scenario that she would keep fowl in her home.”
Cited for a municipal violation, Dodea was arrested after she failed to appear for her court hearing and subsequently refused to sign a citation for a $150 fine.
Dodea’s boyfriend, Anthony Torres, who owned the geese, also received a citation and paid the $150, leading to dismissal of charges against Dodea.
Kirk Mitchell: 303-954-1206, denverpost.com/coldcases or twitter.com/kirkmitchell
