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Lawyers for the city and county of Denver say a police officer didn’t violate the constitutional rights of a man who was wrongly arrested in a case of mistaken identity.
Dennis Michael Smith has filed a lawsuit saying he was arrested when he tried to visit an inmate last year after an officer noticed an outstanding arrest warrant for a Dennis Allen Smith.
City lawyers argued in documents filed Friday in U.S. District Court that the men were both born June 25 within a year of each other and had similar physical characteristics, and that Dennis Michael Smith didn’t have his middle name on his driver’s license. They say his arrest was at most a mistake but not a constitutional violation.



