A Teller County man is suing a Colorado Parks and Wildlife ranger and a sheriff’s deputy after he was arrested while filming the ranger on the side of the road, according to a federal lawsuit filed Thursday.
Dustin Harrison was driving past the entrance to Mueller State Park south of Divide on May 13 when he saw Senior Park Ranger Mike Judd searching a car parked alongside the highway. Harrison pulled over and started filming and questioning him.
Harrison was worried Judd’s search was illegal, according to the complaint filed by Denver law firm Newman McNulty.
In videos shared by Harrison’s attorneys, Judd told Harrison that he searched the car because it was abandoned property and he had to document the condition before it was towed.
Harrison asked him to cite the state law that allowed him to do so, and Judd refused and told him to get back in his car.
When Harrison repeatedly said no, citing his First Amendment rights, Judd called for backup, according to the video.
Teller County Sheriff’s Deputy Troy Sardi arrived soon after and also ordered Harrison to get into his truck, which Harrison again refused.
Sardi then arrested Harrison for refusing to follow instructions, according to body-worn camera footage shared by Harrison’s attorneys.
“Both officers falsely claimed that Mr. Harrison obstructed a peace officer, Defendant Judd, in the performance of his duties,” the lawsuit states. “(The officers) knew that these statements were false and that they would result in Mr. Harrison’s continued detention and the institution of criminal charges against him.”
An obstruction charge against Harrison was later dropped because there was no probable cause for his arrest, according to the complaint.
The lawsuit also alleges Sardi and Judd violated Harrison’s rights through unlawful arrest, unlawful search and malicious prosecution.
Harrison is seeking an unspecified amount of money in damages as well as a written apology and policy changes and training to make sure something similar doesn’t happen again.
Judd is a senior park ranger in good standing with Colorado Parks and Wildlife, according to spokesperson Bill Vogrin. The agency cannot comment on pending litigation, he said. Judd could not immediately be reached for comment. Sardi said he cannot comment on pending litigation, and the Teller County Sheriff’s Office did not respond to a request for comment.
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