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


siddhartha rathod photograph.jpg
Siddhartha Rathod.
The ruling isn't a finding of fault. Rather, it simply allows the attorneys to make such charges against the city in a formal court setting. Rathod sees the following passage as key:
In this case, Officers Nixon and Devine both testified that the degree of force used in this incident was in accordance with their training. Their supervisor also testified that the officers acted appropriately and within their training. Nixon testified that the Chief (of Denver Police) told him that he did nothing wrong in this case but that it 'looked bad on video.' Additionally, Denver's former safety manager, Charlie Garcia, testified that he believed Denver's police officers had used 'heavy-handed tactics' since 1993 and that these tactics were a result of the City's training policy. This evidence could permit a reasonable juror to find that Denver's training program failed to appropriately teach its officers how to conduct themselves when stopping an altercation and/or managing a crowd.
Three more damning excerpts:
Denver's former independent monitor, Richard Rosenthal, testified that Denver had a 'systemic problem' of officers not being held accountable for their uses of force. Rosenthal recounted 'a number of cases' that gave him 'great concern' about whether officers were properly being held accountable for their actions. The Court finds that this evidence is sufficient to allow a reasonable juror to find that Denver's failure to adequately investigate citizen's excessive force complaints and to discipline officers implicated therein was so widespread as to constitute a custom....

In this case, a number of officers observed the use of force by Nixon and Devine but none completed reports on such force or came forward with information regarding the incident until they were questioned by IAB during its investigation. Based on this and other evidence in the record, a reasonable juror could find that Denver has a custom of tacitly approving of, or at the very least of acquiescing to, a pattern of conduct within the Department whereby police officers routinely fail to report either their own or other officer's uses of force....

The Court notes that there is evidence in the record to support municipal liability for Plaintiffs Ortega, Boren, and Thomas's false arrest/unlawful seizure claims. (Former Manger of Safety Charles) Garcia testified that Denver has an unwritten policy of bringing charges against any individual against whom any force is used. Garcia testified that this officers were trained to bring charges such as resisting arrest or interference to 'cover' for the use of force....

In Rathod's opinion, "this case is tremendously important because for nearly a decade, the customs and practices of the Denver Police Department have made it virtually impossible to effectively discipline violent and dishonest officers."

Here's Martinez's order, followed by our previous coverage, including the lawsuit, video and numerous photos from the incident itself.

Denver Diner Case Order on Motion for Summary Judgment

Continue to learn more about the Denver Diner incident, including photos and the complete lawsuit.

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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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