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May 16, 2008 6:19 am US/Mountain
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Teen Files Lawsuit Against Denver Police Officers
1 Officer Arrested, 4 Others Accused In Suit
DENVER (AP/CBS4) ―
Lawyers for a 16-year-old boy filed a lawsuit Thursday against Denver and the city's police department, alleging that he was beaten by five police officers last month.
One officer from the gang unit, Charles Porter, 40, was arrested on suspicion of felony assault in connection with the alleged beating of Juan Vasquez. But the lawsuit, filed in Denver District Court, claims that four other unidentified officers were also involved.
"For violation of his civil rights and for a brutal beating that we feel was unjustified," said Andrew O'Connor, a member of Vasquez's legal team.
Denver public safety manager Al LaCabe declined to comment on the lawsuit because he said the case was still being investigated.
According to the suit, the alleged attack happened on the night of April 18 after Vasquez ran from officers who suspected he was drinking alcohol.
"A Denver police officer proceeded to kick the plaintiff in the ribs, the plaintiff begged the defendants to stop hurting him because he could not breathe," O'Connor read from the lawsuit while fighting back tears. "He was already down on the ground face down, and the officer told him to put his hands out to handcuff him. He did that and yet they continued to punch him."
The suit claims that one officer threatened to shoot Vasquez in the back when he ran away and then threw a flashlight at him so hard that it shattered when it struck him. That officer also allegedly jumped on Vasquez's back and punched him on the side of the head before Porter and three other officers started striking and kicking Vasquez.
"I think it was bullying and it's just awful," O'Connor said.
The suit claims the incident is the result of the police department's inadequate training and failure to discipline officers.
Vasquez's legal team sent a letter to Mayor John Hickenlooper's office Wednesday by certified mail. It was a notice of the intent to sue and said Vasquez was "willing to accept $1.3 million in settlement."
"It was $1.3 million that we would take at the time, but we're worried that he's going to have permanent injuries," said O'Connor.
O'Connor said Vasquez suffered a ruptured spleen, lacerated liver, bruised kidneys and fractured ribs.
"I think because he was Hispanic and these were white officers, it went down the way it did," O'Connor said.
A police report said two officers admitted to witnessing the attack.
Officer Porter has not been charged by the District Attorney's office. He has a court date scheduled for next Friday. Charges must be filed by then.
The city of Denver has 30 days to respond to the lawsuit filed Thursday.
(© 2008 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)