DENVER — An innocent bystander, who recorded Denver Police roughing up two Honduran immigrants during an arrest at West 5th Avenue and Federal Boulevard last summer, filed a federal civil lawsuit Friday.
Levi Frasier claims that several officers working with the District Four Narcotics Team threatened him with arrest unless he “voluntarily” turned over his tablet-camera video to them. When he refused, Frasier tells FOX31 Denver they seized his property anyway.
Frasier’s federal lawsuit accuses Denver police of violating his First Amendment right by “harassing, intimidating, unlawfully detaining and threatening” him that would “cause him injury that would cull a person of ordinary firmness from continuing to engage in protected activity.”
The claim also states Denver Police violated Frasier’s Fourth Amendment right to unreasonable searches and seizures and civil conspiracy (acting as a group to unlawfully search him.)
On Friday, Frasier and his attorney Elizabeth Wang of Loevy & Loevy, say down with FOX31 Denver to explain why he sued.
Frasier told investigative reporter Chris Halsne, “They do a wonderful job for our city, but there are some that go overboard and when they do, they need to be held accountable – and the people at the top need to be held accountable for the people underneath them.”
That lack of accountability played out on FOX31 Denver airwaves last winter as Halsne discovered the officer who punched a suspect six times in the face on videotape was promoted instead of disciplined after Frasier complained. Officer Charles Jones received a promotion to Sergeant within weeks of Frasier going public. Frasier also complained that Denver Police released a public statement attacking his character and releasing his prior criminal history – something he says had nothing to do with him lawfully videotaping police activities as a citizen.
Elizabeth Wang says Denver Police need to hear the message that, “At the heart of this lawsuit is a citizens’ right to record police when they are out in public doing their job.”
Wang says this lawsuit will show Denver Police routinely violate a citizen’s right to record – and that “there have been other instances of the Denver police either intimidating people into not recording or trying to take away their recordings afterwards.”
The federal lawsuit cites allegations that Denver Police also threatened a bystander who wanted to record the aftermath of the fatal shooting of 17-year-old Jessica Hernandez last February.
Denver police refused a FOX31 Problem Solvers request to comment or answer questions on camera, instead sending the station the following written release.
“In lieu of an on camera, please refer to the following statement:
The Denver Police Department respects individual’s rights to record officers conducting law enforcement business. The Denver Police Department completed an internal investigation into Levi Frasier’s claims regarding the conduct of Denver Police officers. The findings are currently being reviewed by the Office of the Independent Monitor. The Denver Police Department encourages the public to reserve judgment until the facts are publicly available.
The City of Denver has approximately 21 days to respond to the lawsuit allegations.