Case No. 08-CV-1693, United States District Court, District of Colorado
ACLU Case No. 2007-19
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.
Mark Silverstein , ACLU of Colorado Legal Director
Taylor Pendergrass , ACLU of Colorado Staff Attorney
Ty Cheung Gee
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