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Denver Defends Officer's Arrest Of Wrong Man
POSTED: 8:02 am MST November 7,
2009
UPDATED: 8:05 am MST November 7,
2009
DENVER -- Lawyers for Denver say a city 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. They asked a judge to make a judgment without a full trial.
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