Denver Settles Democratic National Convention 'Indiscriminate Arrests' Lawsuit For $200,000

The city of Denver has settled the 2008 ACLU lawsuit for $200,000 that accused Denver Police of indiscriminate arrests during the Democratic National Convention.

Part of the settlement terms include a demand for improvement in the police policy on crowd control and training, according to an ACLU press release.

The lawsuit charged that Denver Police unlawfully arrested protestors, including ACLU clients, without probable cause and persecuted them for crimes they did not commit. According to the lawsuit, police issued a non-existant "dispersal" order and locked up those arrested into holding cells in a nearby warehouse converted into a detention center for DNC-related arrests.

“This case identified serious flaws in Denver’s training and policies on crowd control and policing demonstrations,” said Mark Silverstein, ACLU Legal Director in a statement. “The settlement, and the resulting improvements to Denver’s crowd-control manual, underscores an important lesson for Denver police: They must have individualized facts showing that each separate person they arrest was violating the law. Police violate the Constitution when they simply arrest everyone who happens to be in the area.”

On the second day of the DNC, Aug. 25, 2008, Denver deployed teams of police and SWAT members dressed in riot gear arrested nearly 100 people near the City and County Building. The ACLU pointed out that Denver Police often don't require permits for street marchers, but on that day arrests were made that didn't distinguish between participants and observers.

The settlement agreement followed a ruling by federal district court Judge Richard Matsch stating that the ACLU’s false arrest claims could proceed to trial.

“This settlement is about much more than money,” said ACLU client Kim Sidwell, one of those arrested unlawfully. “We wanted Denver held accountable for violating the Constitution, which protects everyone from indiscriminate arrests and false charges. I hope that this settlement and the changes to Denver’s crowd control manual will ensure that nothing like this will happen again at future demonstrations.”

Comments

[hellnomo]

01:52 PM on 08/18/2011

I know liberals like a good riot, just resist the urge and you won't be put in a bad situation.

[Sail Away]

11:21 AM on 08/18/2011

12/4- Police in suburban Denver say a robbery suspect was unarmed when he was shot and killed by SWAT team members. The Denver Post reports that SWAT team members encountered Berlin in a stair well of an apartment building after the theft. The Twenty-seven-year-old man died of four gunshot wounds. Investigators say he was suspected of stealing a cash register earlier in the day.

A protest/march was publicized and organized to protest the killing by and misconduct of the officers of the Denver Police Dept. Here is the KICKER: As reported by local news stations DOZENs of protestors showed up to protest. Dozens huh?

[Sail Away]

10:27 AM on 08/18/2011

8/20 - Denver police pulled over a car for running a stop sign. A man, walking his dog, tells the driver that was pulled over, that he saw him stop at the sign. The police then beat the witness not knowing they are being filmed by a third person. (it’s on Youtube)
8/24 The Denver Police Department quickly closed the internal-affairs investigation. The investigation was reopened the closed internal-affairs investigation of the 8/20 beating. The reopening was deemed necessary only after an outcry, especially from Latino groups and additional witness came forward.
9/10 - Police say a distraught man calmed down after officers used an electric stun gun on him. After he was then handcuffed, became out of control again and was Taseded again. The man was then taken by ambulance to Denver Health Medical Center and pronounced dead. Police say that's a standard practice whenever a TASER is used.
9/23 - Police drag University of Colorado business graduate into the hallway of his apartment building and beat him after he asked the officers for a warrant.
9/10 – Reported in local newspaper; Denver ranked #1 in misconduct according to the National Police Misconduct Statistics and Reporting Project. Comments by a department head included, "Our use of force per arrest is less than most major police forces."

[Sail Away]

10:26 AM on 08/18/2011

Let see, wasn't Denver the #1 city for excessive force complaints?

2/27 – Police shot and killed a suspect in a neighborhood a few blocks from the Country Club. Investigators said the man was wanted for parole violation.
4/28 - Police kill a drunk, knife wielding man (think about this! 3 or 4 cops with 9mms against a mentally distraught man? Come-on!)
6/2 – Police kill a man for displaying what “appeared to be a gun” (toy) while playing cops-and-robbers with is cousin.
6/23 - Police shot/kill resident who was chasing an intruder with a shotgun.
7/23 – A 56 year old homeless man was killed by “excessive force” while being subdued by sheriffs at Denver jail. The weight of the five officers along with the Tasering was determined to have caused the death.
8/2- A 62-year-old man who was threatening to commit suicide was shot dead by Denver police officers.

[Ron Booth]

09:59 AM on 08/18/2011

The photo for this article looks like one I might have taken as I was on scene as a "legal observer". Of note is the fact that considering the numerous random, unwarranted arrests that the monetary award is relatively small BUT one thing not made clear by the article that was part of the settlement is the fact that there will be remedial training required for members of the Denver police department and that their entire training program will come under revision as a result. The use of mandatory retraining in the wake of such legal victories has long been a goal and requirement in many cases brought by the ACLU and those brought by various protestors using other counsel as well.

Those unfamiliar with the incident that resulted in most of the arrests during the DNC may recall the police even swept up an elderly gentleman who was simply walking home from the library.

The last time I saw anything that was so chaotic in terms of police actions was in Chicago in '68.

[kareemachan]

12:02 PM on 08/17/2011

Good.