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CITY AND COUNTY OF DENVER v. POWELL

No. 97CA1662.

969 P.2d 776 (1998)

CITY AND COUNTY OF DENVER, a Municipal corporation and Public Safety Review Commission, a Commission of the City and County of Denver, Plaintiffs-Appellees, v. Jerome POWELL and Scott Blatnik, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

As Modified on Denial of Rehearing November 13, 1998.

Attorney(s) appearing for the Case

Daniel E. Muse, City Attorney, Stan M. Sharoff, City Attorney, Denver, for Plaintiffs-Appellees.

Hamilton and Faatz, P.C., Gregory W. Smith, Michael E. Gurley, Cynthia Treadwell-Miller, Bruno, Bruno & Colin, P.C., David J. Bruno, Christina M. Habas, Janice H. Hollenbeck, Denver, for Defendants-Appellants and Amicus Curiae National Association of Police Organizations and Amicus Curiae Fraternal Order of Police.

Stephen R. McSpadden, Washington, D.C., for Amicus Curiae National Association of Police Organizations.

Opinion by Judge NEY.

Defendants, Denver police officers Jerome Powell and Scott Blatnik, appeal the trial court's declaratory judgment holding that the Denver Public Safety Review Commission (PSRC) can compel defendants' statements relating to complaints of use of excessive force filed against them by citizens. We reverse.

Citizens filed complaints with the Denver Police Department (department) against defendants in 1995. Defendant Powell was accused of wrongfully...

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