Two Denver cops and Denver Well being Medical Heart face a federal lawsuit for misidentifying a hospitalized lady as a housebreaking suspect, main the lady to be mistakenly detained for almost 48 hours for a criminal offense she didn’t commit.
“Plaintiff was not the proper suspect on this incident, and Defendants would have recognized this if they’d have adopted primary police process,” the lawsuit filed Friday by legal professional Sean Simeson states.
Two Denver cops responded to a reported housebreaking and assault name within the early morning of Aug. 3, 2019, in downtown Denver. A safety guard on the scene instructed officers Don Whyde and Brian Lengthy that the feminine suspect had been taken to a hospital.
Whyde erroneously traveled to Denver Well being Medical Heart, despite the fact that the suspect was transported to St. Joseph Hospital, in line with the lawsuit and Denver Division of Public Security paperwork. At Denver Well being, he requested a cost nurse for a white lady who had been transported from downtown.
The cost nurse took him to a lady’s room, the place he arrested the lady and handcuffed her to her hospital mattress.
However the lady wasn’t the suspect and as a substitute had been hospitalized after being at a bar and presumably being drugged, the lawsuit states. A bystander on the bar referred to as 911 after noticing the lady appearing unusual. The Denver Submit is just not naming the lady as she didn’t commit a criminal offense and is a potential sufferer of sexual assault.
At 4:30 a.m., the lady was transported to jail, however the nurse on the facility despatched her again to the hospital for extra remedy. The girl was then moved to St. Joseph’s after which again to Denver Well being for a sexual assault examination earlier than being returned to jail. The girl instructed a nurse within the emergency room that she didn’t keep in mind 4 or 5 hours of the earlier evening and that she was being charged with a criminal offense she didn’t commit, the lawsuit states.
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Police didn’t notice they arrested the mistaken lady till a detective observed the surveillance footage from the housebreaking confirmed a blonde feminine suspect and that the arrested lady had darkish hair.
The girl was launched from jail on bond on Aug. 4, 2019, and prices have been dropped two days later.
The nurse violated the hospital’s coverage for working with legislation enforcement and verifying sufferers’ identities, the lawsuit alleges.
Public security officers final 12 months dominated that Whyde and Lengthy didn’t comply with police protocols and each officers served unpaid 10-day suspensions.