A federal judge dismissed the Colby’s Crew Rescue lawsuit brought by Caroline Henrich on March 26, 2026, ending both her false light invasion of privacy claim and her civil conspiracy claim without a settlement. Judge Henry of the U.S. District Court for the Eastern District of Pennsylvania granted the defendants’ motion to dismiss, ruling that the Facebook post at the heart of the case did not meet Pennsylvania’s legal standard for a false light claim and that the conspiracy claim could not survive once the only co-defendant was removed from the case.1GovInfo. Henrich v. Colby’s Crew Rescue, Case No. 25-4961
How the Dispute Started
The case grew out of a fight over a rescue horse named Circles. Circles had severe medical problems, including traumatic brain injury, EPM, a luxating dens that caused seizures, and additional brain damage diagnosed in June 2024. Henrich had contributed money toward the horse’s rehabilitation and visited him often. She wanted to adopt him.
CCR’s co-founders, Allison Smith and Olivia Fuller, concluded the horse was terminal and needed hospice care or humane euthanasia. Henrich said she had satisfied the adoption conditions. CCR said no application had been finalized and no contract had ever been signed, and it argued that Henrich’s proposed boarding facility could not provide the round-the-clock monitoring a seizing horse required.
In July 2024, Henrich went to a Virginia state court seeking a declaratory judgment and an injunction to stop the euthanasia. The court denied her motion, finding she “failed to demonstrate any possessory interest or ownership right to the horse.”1GovInfo. Henrich v. Colby’s Crew Rescue, Case No. 25-4961 CCR euthanized Circles in August 2024.
The Facebook Post That Triggered the Lawsuit
On August 2, 2024, days after the Virginia ruling, CCR published a lengthy Facebook post explaining its side of the story: Circles’ medical condition, what CCR described as a failed adoption process, and the Virginia litigation. Followers commented on the post, and Henrich later alleged those comments described her as delusional, unstable, and unqualified to care for a horse. A co-defendant, Stephanie Seltzer, was alleged to have commented on the post and to have given CCR a Discord message that was folded into it.
Henrich sued in the Pennsylvania Court of Common Pleas in Berks County, bringing two claims: false light invasion of privacy and civil conspiracy. She said the post and comments cast her as emotionally unfit and irresponsible.
Removal to Federal Court and the Fraudulent Joinder Ruling
On August 29, 2025, the defendants removed the case to federal court in the Eastern District of Pennsylvania. They argued that Seltzer had been named only to defeat diversity jurisdiction, which would have kept the case in state court. Henrich moved to send the case back.
Judge Henry denied that motion on February 13, 2026, agreeing that Seltzer’s inclusion was fraudulent joinder. Seltzer was dismissed.1GovInfo. Henrich v. Colby’s Crew Rescue, Case No. 25-4961
That ruling reshaped the rest of the case. With Seltzer gone, CCR was the only remaining defendant, and Pennsylvania law requires a “combination of two or more persons” for a civil conspiracy claim.
Why the Claims Were Dismissed
On March 26, 2026, Judge Henry granted the motion to dismiss both remaining claims.
On the false light claim, the court found that the Facebook post’s statements did not rise to the level of being “highly offensive to a reasonable person,” a required element under Pennsylvania law. Without meeting that threshold, the claim failed as a matter of law.
On the civil conspiracy claim, the court held that no conspiracy could exist because there was no longer a combination of two or more persons after Seltzer’s removal from the case.1GovInfo. Henrich v. Colby’s Crew Rescue, Case No. 25-4961
Anti-SLAPP Fees Denied
CCR asked the court to award attorneys’ fees and litigation expenses under Pennsylvania’s Anti-SLAPP statute, which is meant to deter meritless suits targeting free expression. The court declined, ruling that the statute’s immunity and fee-shifting provisions are procedurally incompatible with the Federal Rules of Civil Procedure. A related motion to strike was denied as moot.1GovInfo. Henrich v. Colby’s Crew Rescue, Case No. 25-4961
Is There an Appeal?
As of the court’s March 2026 memorandum, no appeal had been filed. The docket for Case No. 5:2025cv04961 shows no notice of appeal to the Third Circuit.2Justia. Henrich v. Fuller et al, Case No. 5:2025cv04961
Other Legal Matters Involving CCR
The Henrich case is not CCR’s only litigation. In September 2024, CCR filed a case in Fairfield County Superior Court in Connecticut, styled Colby’s Crew Rescue v. Flamand, Wendy (Case No. FST-CV24-6069204-S), with Henrich also named as a defendant. The filing involved an application for issuance of a foreign subpoena, which Judge Sheila A. Ozalis granted on January 14, 2025.3Trellis Law. Colby’s Crew Rescue v. Flamand, Case No. FST-CV24-6069204-S The publicly available docket does not spell out the underlying claims, and further details about the dispute with Wendy Flamand are limited in the available record.
CCR’s own financial disclosures reflect the broader legal picture. Its audited financial statements for the year ending December 31, 2023, noted no material legal claims as of the balance-sheet date but added in a subsequent-events disclosure that the organization had since become involved in “various ongoing legal claims” and that defense legal fees “are expected to be material.”4Candid. Colby’s Crew Rescue Audited Financial Statements CCR’s 2024 Form 990 reported $591,506 in legal fees for that fiscal year.5GuideStar. Colby’s Crew Rescue Nonprofit Profile
CCR is a 501(c)(3) nonprofit founded in 2021 and based in Keswick, Virginia. It focuses on rescuing horses from kill pens, auctions, and owner surrenders.6C-Ville Weekly. Two Horse Lovers Mobilize Social Media to Save Animals From Slaughter The organization retains its 501(c)(3) status and, as of April 2026, holds current charity registration in California under the state’s AB-488 regulations.7CauseIQ. Colbys Crew Rescue Nonprofit Profile