Judge rejects Wyoming’s case to dismiss abducted trucker’s case against state

By Ben Neary, AP
Wednesday, June 23, 2010

Judge won’t dismiss abducted trucker’s lawsuit

CHEYENNE, Wyo. — A federal judge has denied the state of Wyoming’s request to dismiss a lawsuit filed by a Colorado trucker kidnapped by a rogue state trooper last year.

U.S. District Judge William Downes on Wednesday refused Wyoming’s request to dismiss a civil rights lawsuit filed by trucker Richard J. Smidt of Arvada, Colo.

Former trooper Franklin Ryle pleaded guilty last year to violating Smidt’s civil rights by kidnapping him. Federal prosecutors say Ryle planned to kill him.

Smidt claims Highway Patrol officials paid him $10,000 early last year to settle his claims without revealing that Ryle intended to kill him.

Downes rejected the state’s claim that the settlement agreement should block the lawsuit from proceeding.

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