Denver Diner case: Judge rules City of Denver can be put on trial for police brutality

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Big photos below.
A huge ruling in the lawsuit related to the 2009 billy-clubbing and macing incident at the Denver Diner. U.S. District Court Judge William Martinez has determined that the City of Denver can be put on trial for allegedly fostering a culture that tolerates police brutality and abuse. Reaction from an attorney representing the four women who were roughed up, the judge's order and lots of previous coverage is on view below.

As is detailed in the original lawsuit, also included here as part of our previous reporting, Kelly Boren, Sharelle Thomas, Ana Ortega and Kristal Carrillo were at the restaurant in 2009 when they say Denver police officers Ricky Nixon and Kevin Devine menaced them with nightsticks, pulled or shoved a number of them to the ground and sprayed them with mace despite no compelling evidence of actual wrongdoing. This contention is illustrated later in this post by a series of photos showing Nixon and Devine in action.

Devine and Nixon were fired in 2011 for their actions at the Diner, only to be reinstated and received permission to hit the streets again by the Denver Civil Service Commission.

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Alex Landau after the police beating for which he received a $795,000 settlement.
You'll recall that Nixon was also involved in the bloody beating of college student Alex Landau, which resulted in a $795,000 settlement. Not that the Landau case has concluded: It's currently the subject of a federal inquiry.

Attorney Siddhartha Rathod, attorney for the women suing over the Denver Diner matter, was livid after Nixon and Devine were given the go-ahead to begin patrolling again, providing us with a statement that read, "The four women who were assaulted and brutalized by Denver Police officers Ricky Nixon and Kevin Devin in front of the Denver Diner are disappointed, but not surprised, by the latest decision by the Civil Service Commission to serve and protect their own. The Denver Police department has a long standing culture of failing to discipline officers who engage in rampant constitutional violations, sending clear messages to the entire department that police brutality and dishonesty are tolerated."

These assertions are at the heart of the lawsuit naming the City of Denver, as well as Nixon and Devine, and it was bolstered by eight years of brutality complaints ordered released by Judge John Kane as part of a separate excessive-force accusation involving James Moore, who nearly died after allegedly being punched, kicked and sapped by officers.

This material obviously had an impact on Judge Martinez. He didn't lower every possible boom; as noted by the Denver Post, he'd previously tossed out several claims, including ones related to racial discrimination, destruction of evidence, malicious prosecution and First Amendment retaliation. But in the end, Rathod maintains via e-mail, "Judge Martinez ruled that the four women assaulted in front of the Denver Diner have demonstrated that DPD has systemically and historically ingrained patterns of unchecked civil rights violations."

Continue for more about the Denver Diner ruling, plus photos, videos and more.


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30 comments
CloudGang
CloudGang

Fuck the police fuck fuck the police.

Chris Wilke
Chris Wilke

Denver police are thugs. They need to be held accountable for their conduct. They are here to protect and serve not arrest and beat citizens.

stevebeast
stevebeast

If the city didnt want lawsuits they should have fired Ricky Nixon after his first incident the mere fact that Officer Nixon still has a gun and a badge justifies the lawsuit

please god let me be on that jury

DonkeyHotay
DonkeyHotay topcommenter

DPD = Violent Criminal Scumbags

Tracy Ann Spencer
Tracy Ann Spencer

Not to mention when one like myself cleans her life up and steady at it...for years now!!! just to have some sneaky shit done and bam...i no longer have a job....why?!!! because of one particular law enforcement person who gladly pushed to the limit to put my past 20 years ago of my life out there...and the humiliation of it as well....7 years...is what i understood from my app...Im appaulled!!! And so badly wanna scream his name all over FB!!! DPD you get what you give!!! Remember that!!!

Daniel Ahrens
Daniel Ahrens

The only thing this police department understands in punishment is $. Let it rip.

Tracy Ann Spencer
Tracy Ann Spencer

GOOD!!!! DPD gets away with way too much for decades and decades now!!! I being one to be harrassed and rights violated and excessive brutal force...its ridicules!!!

Mista D'Mac
Mista D'Mac

Hit them where it hurts, in the wallet. Maybe they'll actually work on cleaning up the department instead of rehiring these guys

Roman Kulwicki
Roman Kulwicki

The Police department is corrupt. What gives them the right to assault someone like that when normal people get arrested all the time for lame ass crap.

Carrie Appel
Carrie Appel

Hell yes. They are public SERVANTS. They work for US.

Kym Bloom
Kym Bloom

Absolutely. There are too many reports of their brutality.

Eugene AkaGeno
Eugene AkaGeno

It's pretty bad when you are afraid of the ones that are suppose to be protecting you. DPD is strait evil.

audreyhatfield
audreyhatfield

Sue them and make them accountable for their actions!

Ross Tucker
Ross Tucker

i hear of far too many instances of that shit about the denver pd... its horseshit that they've been able to get away with it this long... time for something to be done about it... the badge means you're there to "protect and serve" not to abuse peoples rights and power trip

Juan_Leg
Juan_Leg

There is no way in hell a cop will receive the same treatment from the courts as any average citizen . It will NEVER happen !....

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