Civil Rights Plaintiff's Claims Regarding False Arrest Rejected

Bark v. Chacon, 2012 WL 6033597 (12/5/12) (Col.) (unpub'd) - No § 1983 relief where robbery victims mistakenly identified the car driven by the plaintiff as that of the robber. At 1:25 a.m. 10 officers came to the plaintiff's home, ordered him out of the house, forced him to his knees in snow with his hands behind his back for 10 minutes in 13 degree weather with the plaintiff only wearing pajama bottoms; the plaintiff agreed to talk to officers inside the home; the officers wouldn't let him get up or get any clothes; the plaintiff consented to a search of his home after an officer threatened to impound his vehicles if he didn't consent; in an effort to get a confession an officer falsely claimed witnesses had identified the plaintiff as the culprit; after the officers left an hour-and-a-half later, the plaintiff had a breakdown. The plaintiff gets no relief from particular officers because he could not identify which officer did what or observed what. It was just too bad that it was dark, he was frightened, and only one officer identified himself to him. The officers' presence at the scene and failure to intervene were not enough to avoid summary judgment. The plaintiff couldn't obtain relief from the one officer he could identify where that officer got the plaintiff to agree to allow the officers into his home when the plaintiff's only other choice was remaining outside in pajama bottoms in freezing temperatures. The plaintiff never alleged below that he consented to entry under duress.