Graber v. City and County of Denver, Civil Action No. 09-cv-01029-JLK-MJW

Currently, the City of Denver, along with Officer Shawn Miller is being sued in federal court regarding an incident that occurred on or about March 23, 2010.  Jason Graber, along with him friends and family, had come to Denver to enjoy a night out on the town.  Mr. Graber had consumed a minimal amount of alcohol.  Mr. Graber and his companions were returning to their hotel crossing a street when a voice shouted out “asshole,” from a police car.  Mr. Graber replied that he did not appreciate being called an asshole.  Officer Miller and Officer Davis exited their car and began to walk toward Mr. Graber.  Without warning, Officer Miller tackled Mr. Graber, grabbed him by the neck and kicked his leg out from underneath him.  Upon doing so, Mr. Graber fell down on his knees and elbows.  He was arrested without charge and taken to Detox.  He was released shortly thereafter.  Mr. Graber suffered from lipohemarthrosis, irregularity to lateral, and a possible underlining hairline (intra-articular) fracture. The injuries resulted in Mr. Graber requiring a leg brace for many months after his injury, and the possibility of permanent physical injuries.

The case is currently in litigation.

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