Probable cause existed for the seizure of a Park County rancher’s malnourished and dying horses in the midst of a brutal cold snap, a federal judge has ruled, dismissing the man’s claims against the parties who rescued his animals.

U.S. District Court Senior Judge Philip A. Brimmer concluded the seizure warrant, based on a sheriff’s deputy’s statement, properly outlined the horses that were subject to confiscation pursuant to a veterinarian’s recommendation.

“The affidavit paints a clear picture: the weather was harsh and plaintiff’s horses were in rough condition. Plaintiff failed to provide his horses the appropriate feed until several weeks after he was directed, and at least two horses, and possibly ten, had died,” wrote Brimmer in the March 10 order. “Plaintiff refused to bring his horses near the barn for proper shelter until he was given several warnings and directives.”

The rancher, Mark Walker, has since filed an appeal of Brimmer’s decision to the federal circuit court.

Walker had four decades of experience in reportedly breeding and raising “strong, hearty, tough, mountain horses resistant to the colder winters in the high country,” according to court documents. At the time of a January 2019 storm, which reportedly brought 30 inches of snow and temperatures of 40 degrees below zero for two weeks, he was responsible for 78 horses. Given the circumstances, Walker and his two ranch hands had to plow through snow to reach the animals.

After the Park County Sheriff’s Office received complaints about thin horses, animal control officer Leigh Cochran discovered a dead horse on one of Walker’s ranches. She gave Walker a notice warning him to provide food, water and veterinary care for the animals.

Cochran made subsequent visits along with a veterinarian and Bobbi Priestly, who was a Dumb Friends League manager and Bureau of Animal Protection commissioned agent. The visits resulted in additional identifications of thin horses and suggestions for a feeding plan. But by mid-February, Priestly reportedly told Cochran that the horses’ survival “was not likely” if Walker continued caring for them.

Cochran subsequently initiated a warrant to seize the horses. Beginning on Feb. 21, 2019, authorities allegedly went to Walker’s ranch and seized nearly five dozen horses over the course of a week. They took the animals to the Dumb Friends League’s Harmony Equine Center in Douglas County. Walker could not afford the monthly bond of $15,450 to free the animals. CBS4 reported none of the horses died or were euthanized, and most gained weight while there.

After a jury found him not guilty of animal cruelty in December 2019, Walker asked Harmony to return the five horses of his remaining in its possession. The center reportedly declined, and Walker filed suit. He alleged an unconstitutional seizure, malicious prosecution and defamation.

“This was the talk of the town in Hartsel and in Fairplay and greatly diminished Mr. Walker’s reputation,” his attorney wrote to the court.

Cochran and Priestly asserted qualified immunity, which is a judicial doctrine that generally shields government employees from civil liability absent a violation of clearly-established legal rights. In reviewing the affidavit Cochran provided for the seizure warrant, Brimmer found no obvious circumstances that should have precluded the issuance of the warrant.

“The affidavit here describes plaintiff’s property, plaintiff’s horses, plaintiff’s care of the horses, and plaintiff’s dilatory response to caring for the horses,” the judge wrote. “This establishes a fair probability that plaintiff had not been adequately caring for his herd.”

Brimmer rejected Walker’s argument that Cochran and Priestly should have known the weather would warm up, saying that Walker essentially contended he was not required to respond to dangerous conditions. The judge granted qualified immunity, and further dismissed Walker’s claims of malicious prosecution and excessive bond for the horses.

Walker’s attorney declined to provide an immediate comment on Brimmer’s order or the pending appeal.

The case is Walker v. Park County Sheriff’s Office et al.