FourHorn v. City and County of Denver

Criminal Justice
Case No. 08-CV-1693, United States District Court, District of Colorado
ACLU Case No. 2007-19

Description:

This lawsuit is filed on behalf of five persons, each of whom was unjustly arrested and imprisoned—up to 26 days in one case—in a “mistaken identity” arrest. In each case, Denver law enforcement officers had legal grounds to arrest a particular suspect for an offense, but instead they arrested or caused the arrest of one of the ACLU’s innocent clients. In each case, the lawsuit asserts, officers deliberately ignored facts that demonstrated that they were arresting or causing the arrest of the wrong person.

The suit asserts that Denver policymakers knowingly tolerated an unjustifiable risk and frequency of such “mistaken identity” arrests, by failing to adopt and enforce policies, procedures, supervision, and training that would have reduced or eliminated that risk. Similarly, the suit contends, Denver failed to adopt procedures, supervision, and training that would promptly detect and correct such “mistaken identity” arrests when they occur.

“Wrongfully jailed: Records detail more than 500 mistaken-identity arrests in Denver in seven years,” Denver Post, January 8, 2012

“Denver fix for mistaken-identity arrests: ID before lockup,” Denver Post, January 22, 2012

“Cases of Denver mistaken-identity arrests,” Denver Post, January 8, 2012

Susan Greene, “Gigantic nightmare finally ends,” Denver Post, March 20, 2008) (re ACLU client Christina FourHorn)

Susan Greene, “We all pay for police mistakes,” Denver Post, April 6, 2008 (re ACLU client Muse Jama)

Susan Greene, “Locked into cops’ mistakes,” Denver Post, May 31, 2008 (re ACLU client Sam Moore)

Susan Greene, “Cops need eyesight examined” Denver Post, January 4, 2009 (re ACLU additional client De De Davis)

Susan Greene, “Mistaken that identity errors fixed” Denver Post, January 25, 2009 (re ACLU additional client Anthony Carlos Sanchez)

Susan Greene, “Truth still in lockup in Denver” Denver Post, January 29, 2009 (re ACLU all mistaken ID clients)


Attorneys:

Mark Silverstein , ACLU of Colorado Legal Director
Taylor Pendergrass , ACLU of Colorado Staff Attorney
Ty Cheung Gee



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