Man acquitted of murder sues Denver police for malicious prosecution
Denver, CO – A federal judge decided last week that a man acquitted of murder may go ahead with his malicious prosecution lawsuit against Denver police, which he accuses of violating his rights.
In 2021, Denver architect Micah Kimball was acquitted by a jury of first-degree murder. Soon after that, he sued the city’s police department, claiming he was maliciously prosecuted after his fiancée took her own life.
According to the lawsuit, Micah Kimball was held for 72 days without bail while the police department withheld exculpatory evidence from his attorneys that would have allowed him to claim the prosecution lacked probable cause.
“The false charges resulted in Mr. Kimball being arrested, held in jail for 72 days, and having to defend against the false and baseless charges. The false accusations and the malicious prosecution of Mr. Kimball are the product of significant malfeasance, lies and manipulation of the justice system,” the lawsuit alleges.
Along with the city of Denver and its police department, Kimball named six officers and the chief of police as defendants.
After Michelle Jacobson took her own life on Sept. 27, 2019, police handcuffed Kimball at gunpoint and placed plastic bags over his hands to preserve any evidence of gunpowder.
Three days later, the lawsuit contends the county medical examiner “refused to rule it a homicide.” Crime scene investigators found no evidence of blood splatter on Kimball’s clothes. The Denver Crime Lab found gunshot residue on Jacobson, but not on Kimball, suggesting a suicide rather than murder.
Within a month, the district attorney’s office was informed “there was no concrete evidence of a homicide, but the prosecutors failed to pass this information to Kimball’s defense.
“If Mr. Kimball had known the prosecution’s expert had this opinion in October 2019, the defense would have raised this at the preliminary hearing and argued that it clearly showed there was no probable cause,” the lawsuit claimed. “Mr. Kimball would not have had to endure the stress, time, and financial strain of hiring his own crime scene experts and litigating his murder charge through a jury trial.”
Mr. Kimball demanded a formal apology from each defendant, and he also seeks punitive damages, plus his legal fees.
Denver PD tried to stop the lawsuit, but a federal court in Denver rules the case can proceed.
When can you sue for malicious prosecution in Colorado?
Malicious prosecution is a legal term that refers to the wrongful and intentional initiation of criminal or civil proceedings against someone without any probable cause, for a malicious or improper purpose. Along with false arrest, it is a common form of police misconduct. Victims should reach out to seasoned Denver police misconduct lawyers as soon as possible. Note that not any person who was acquitted in a court of law can sue for malicious prosecution. Experienced police misconduct lawyers will have to decide if you have a case. For instance, you will need evidence the prosecution knew the charges were baseless but pursued them anyway.
How to prove a wrongful prosecution case?
To prove a claim for malicious prosecution, your Colorado police misconduct lawyers must establish four elements:
- The defendant initiated or continued a legal proceeding against the plaintiff.
- The proceeding was brought without probable cause.
- The defendant acted maliciously in bringing or continuing the proceeding.
- The legal proceeding terminated in favor of the plaintiff, meaning that the plaintiff was not convicted or found liable.
If all four elements are proven, the plaintiff may be entitled to recover damages for the harm caused by the malicious prosecution, including compensation for legal fees, lost income, and emotional distress.
If you were a victim of any type of police brutality, you should contact an experienced civil rights lawyer at the Bryan & Terrill law firm to see how you can bring those responsible to justice.
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333 W. Hampden Ave., #420B
Englewood, CO 80110
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