Denver to pay arrested man $8,500
DENVER (AP) ” Asking a police officer for his business card landed a man in jail, and now, the city will pay that man $8,500 and train officers that’s it’s OK for citizens to ask officers for their ID, according to a tentative settlement announced by the American Civil Liberties Union of Colorado.
Richard Rosenthal, the independent monitor for the city of Denver, said Wednesday that the original complaint about Evan Herzoff’s arrest was sent to police internal affairs.
According to the ACLU, Herzoff was walking home April 8, 2006, when he saw police arresting an individual. He filmed the arrest with a small camera and was approached by Officer Jeffrey Morgan, who asked Herzoff for his identification.
Morgan examined Herzoff’s ID and was told he was free to leave. When Herzoff asked Morgan for his business card, Herzoff was handcuffed, arrested and forced to spend a night in jail.
Morgan cited Herzoff, a volunteer for Copwatch and a student at the University of Denver, for trespassing. The charge was later dismissed.
ACLU attorney Taylor Pendergrass said the training bulletin for police would now state that no retaliatory action is to be taken against citizens based on a request for an officer’s identification.
Jaimie Wynn, an assistant Denver city attorney, said the payment and agreement must be approved by the City Council.
Rosenthal said disciplinary action was taken against the officer after the incident was reviewed by police commanders, the police chief and the manager of safety.
Rosenthal said he is prohibited from saying what that discipline was.