A federal judge today tossed out an excessive-force lawsuit brought against four Denver police officers.
Judge John Kane dismissed the case after the plaintiff, Nick Lynch, had finished presenting his side on the fourth day of trial. Douglas Jewell, an attorney for the officers, said Kane decided there was not enough evidence that the officers named in the case — Adam Barrett, Michael Morelock, Erik Golladay and Sgt. Stephen Kenfield — used excessive force on Lynch.
The allegations stem from Lynch’s arrest in LoDo in March 2008, following a fight outside a nightclub. Lynch said he was beaten during the arrest by one to three officers but couldn’t identify the offenders. He argued the officers named in the suit were on-scene during his arrest and were either involved or knew who was.
“Obviously everyone is relieved,” Jewell said. “We think the judge appropriately found according to the law that there was insufficient evidence.”
Robert Liechty, Lynch’s attorney, said the conclusion was not unforeseen and characterized it as the end of the first phase in the case. He said Lynch knew he would have trouble proving the officers named used excessive force on him. But Liechty said the trial was a required first step before he could argue that the police department covered up evidence of excessive force against Lynch.
Liechty said he plans to file a new lawsuit alleging the cover-up as early as next week.
John Ingold: 303-954-1068 or jingold@denverpost.com.
