Denver City Council may pay $360K to settle police beating outside diner after 4 woman sued city

DENVER - The Denver City Council on Monday will consider whether to settle a police-beating case by paying $360,000 to four women and their attorneys.

The lawsuit filed by four women claims officers punched, shoved, dragged, pepper-sprayed and threw the women to the ground outside the diner. The women allege constitutional violations by the officers, including using excessive force, making false arrests, hiding or making up evidence and violating civil rights.

Kelly Boren, of Lone Tree, told 7NEWS she and some friends arrived at the Denver Diner on July 12, 2009 in a pedicab and were not involved in whatever disturbance that drew police.

Boren said her group was in “the wrong place at the wrong time. She said one of her friends was hospitalized by injuries she received that night.

The chaotic scene outside the diner was caught by one of the city's surveillance cameras, known as HALO cameras.

Two officers involved in the incident, Ricky Nixon and Kevin Devine, were fired by then-Manager of Safety Charles Garcia, who decided the officers had used inappropriate force and then lied in their reports about what happened. However, the Civil Service Commission reinstated the officers.

The Denver City Council is considering a payment of $44,453.33 to Boren, a payment of $44,453,33 to a second woman, $43,573.29 to a third woman, $34,453.33 to a fourth woman and $193,066.72 to the women's attorneys, according to the City Council's agenda.

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