Denver may settle excessive-force suit against police
By Daniel J. Chacon, Rocky Mountain News (Contact)
Originally published 04:08 p.m., March 24, 2008
Updated 04:08 p.m., March 24, 2008
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A man who claims Denver police roughed him up while he was handcuffed is poised to receive a $5,000 settlement from the city.
Tonight, the City Council will decide whether or not to settle an excessive-force lawsuit filed by Chandler Lyles, who allegedly suffered a serious shoulder injury — including a broken clavicle — at the hands of Officer Ryan Burke.
The proposed settlement is for $9,500 total — $5,000 would go to Lyles and his attorney and $4,500 would go to Denver Health, apparently for Lyles' medical bills.
"According to (Lyles), he was fully handcuffed and docilely kneeling on the floor when Burke kneed him in the back several times, punched him in the mouth, and hit him on top of the head with a Mace container," court documents state.
Burke, Lyles and Lyles' attorney, Paul Gordon, could not be immediately reached for comment.
According to court documents:
Burke and Officer Daniel Green went to Lyles' mother's apartment on June 22, 2004, to investigate a report of a suicidal female.
When the officers arrived, Lyles' mother told the officers she wasn't suicidal and that no one else was in the apartment, but then she asked them if they wanted to see her rose bushes on the balcony, where Lyle was smoking a cigarette, documents state.
Lyles was ordered back into the apartment and then told to sit on the couch, the documents state.
Lyles "did not comply, but remained standing despite both Burke's threat of placing him in handcuffs if he did not comply and his mother's attempts to get him to sit," documents state.
Lyles "raised both hands in the air," and then a scuffle ensued while the officers tried to handcuff him.
After Burke placed him in handcuffs, Lyles claims the officer kneed him repeatedly, punched him in the mouth and hit him with a Mace container.
"Then, while (Lyles) was lying flat on his stomach, Burke allegedly pulled (Lyles') handcuffed arms up behind his back towards his head," documents state. "This pressure on (Lyles') arms allegedly caused serious injury to his shoulder, including a broke clavicle."
Lyles admits he continued to move after he was handcuffed "by moving his head to get all of Burke's weight off of him," the documents state.
Lyles, who has undergone three surgeries to repair his shoulder and clavicle, also suffered an injured wrist and neck in the incident, documents state.
In a January order on motion for summary judgment, U.S. District Judge Walker D. Miller said that "although it may have been objectively reasonable for Burke to use force to handcuff (Lyles) and place him under arrest, the amount of force used after (Lyles) was already in handcuffs was objectively disproportionate to the need in the situation."
chacond@RockyMountain News.com or 303-954-5099
Comments
Posted by GWM on March 24, 2008 at 4:32 p.m. (Suggest removal)
Oh my, I am sure there was no fault with the cops. They could not have possibly used excessive force! NO, not COLO COPS! If this is true (only if it is true) send them to a jail where inmates can exact justice.
Posted by JK on March 24, 2008 at 4:35 p.m. (Suggest removal)
If the guy would have just complied this wouldn't have gone so far. I think the cops should have the ability to deliver some beatings, might make people think twice about being stupid. For every minute spent trying to subdue the non-compliant is the amount of beating they receive.
Posted by GWM on March 24, 2008 at 4:39 p.m. (Suggest removal)
JK, whew!!!!!! I hope you are never assigned judge, jury, or a cop!
Posted by GWM on March 24, 2008 at 4:41 p.m. (Suggest removal)
And another thing, JK, you are the reason this is a story.
Posted by Diff on March 24, 2008 at 5:19 p.m. (Suggest removal)
This kind of thing happens far TOO often with the DPD.
There is a problem on that department that needs someone to step up,take control and change the culture of Denver Police.
Not all cops are bad cops, and I am not making a per se judgment of this situation - not enough info, but then again why is Denver settling unless the guy has at least a decent case?!?
There is a growing concern - or should be in the City of Denver!
Too much, too often!
Where there is smoke there is usually a fire, this one is smoldering and kept well under the radar!
Posted by coloradoorbust on March 24, 2008 at 6:13 p.m. (Suggest removal)
This is a joke. The city will not waste their time going to court, they will settle because it would cost them way more than what the idiot is asking for regardless if the officers are guilty or not. Most big cities will settle for small claims, its just a big political joke. It doesnt take much logic to figure this out.
Posted by happymike44 on March 24, 2008 at 7:03 p.m. (Suggest removal)
Cops are only human they will lie steal and cheat,why because they are subject to the same flaws of humanity.This officer sould never work again period.To harm someone because you can is a tendency toward sociopathic tendencies.Ask your self would you want your son,daughter,mother,brother to be beaten and victimized by a person.I pretty much think your answer is no.I was arrested and proved I was innocent and the peson who called was my employer who we had a ongoing workmans comp claim.This man admitted to lying to the police and nothing was done to him.Me I can't sleep nights and fear going away from my home.As soon as this last sugery I am leaving and moving.I also have a attorney helping me to change my name and to relocate so I will feel safer.To the officers out their who have harmed someone on purpose,you should be ashamed of yourself.Also to the good officers who do their jobs right,Thank You.
Posted by NewSanit on March 24, 2008 at 7:19 p.m. (Suggest removal)
Just another so called DPD "Cop" doing his so called "JOB".
It doesn't matter if the guy complied or didn't complied the "COP" is suppose to have been trained to use his brains and not his fists. To bad the guy didn't sue for more, the city knows what kind of police department it has, that's why they are settling. And JK better hope she never gets stopped by these so called "COPS".
Posted by Solpatroller on March 24, 2008 at 7:47 p.m. (Suggest removal)
Late at night last year we were in bed when I heard our front door open then close. I thought of calling the cops. It was scary. After a moment though, I ventured out into the living room. Nobody was there, but three Denver cops were on my doorstep.
I opened the door and asked them if anything was wrong. There were many things wrong. First, in responding to a 911 hangup call, they entered my home without knocking or advising who it was. I think there are some US Constitutional issues they ignored.
Second, it readily became apparent that though they know how to unholster their weapons, they have a difficulty reading street signs and the numbers on homes. They were on the wrong block and didn't bother to look at the number on our house.
I was fortunate I didn't have a Pepsi can in my hand or else I'd probably be another Frank Lovato taking a dirt nap.
Since, I've often wondered what would have happened had I brought my 9mm to the door.
I want to love and be proud of our men in blue, but when they don't have control over their emotions, they break into people's homes unannounced, and break people's clavicles over nothing, I have a difficult time respecting those who really do deserve our respect.
Posted by coloradoorbust on March 24, 2008 at 8:24 p.m. (Suggest removal)
To all of those who have lost their faith in their local PD just remember there are many officers out there who are good people and would bend over backwards to help you. Dont let a few and I mean a few so called "bad apples" sway your opinion of the police as a whole.
Posted by EastVail on March 24, 2008 at 8:24 p.m. (Suggest removal)
Down with power-tripping cops who abuse their power!
Posted by aztlan99 on March 24, 2008 at 9:05 p.m. (Suggest removal)
what a bunch of baboso cop watch cry babies. I always read the comments whenever there is a police story in this town. I used to live in LA and you people should be thankfull for the cops you guys have. As a person who has done a little time and drank a little wine, my outlook is so different then when I was younger. These cops in Denver have so many contacts with knuckleheads, a few thousand dollars is cheap. I couldn't stand the cops in my day, but with two kids in tow I breathe alot easier that they are there. I bet this fool will put it to good use, like buying some fumaso or getting some tatoos, and my kids in DPS will go with out.
Posted by Really on March 24, 2008 at 11:45 p.m. (Suggest removal)
I am sure that this happened just as the "injured victim" said that it did. There is no mention of any corroboration of his story and the fact that the city is willing to settle says nothing about the validity of the complaint. If anything it demonstrates a lack of validity because of the small amount offered. It is unfortunate that Denver chooses to settle the lawsuits. Instead, the City Attorney's office shoulder dedicate more resources to defending these frivolous lawsuits as this would likely prevent future baseless lawsuits. The only good news is that the "victim's" lawyers will take a huge chunk of his portion of the settlement. I guess he will get a free dinner on the city. Enjoy!
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