Legal
Colorado ACLU Cases

Legal Department Docket, 2002-Present

Case Name: FourHorn v. City and County of Denver

Case Number: 08-CV-1693, United States District Court, District of Colorado,

ACLU Case Number: 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.

Issues: Police Practices

ACLU of Colorado Attorneys: Ty Gee, Mark Silverstein, Taylor Pendergrass

Links to Selected Documents:

• “ACLU sues Denver on behalf of five innocent victims of ‘mistaken identity’ arrests,” ACLU News Release, August 11, 2008

• Complaint, filed August 11, 2008

• Who are the ACLU’s clients?

• Christina Ann FourHorn
• Muse Jama
• Jose Ernesto Ibarra
• Samuel Powell Moore
• Dennis Michael Smith

• 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)

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