Ruling: No immunity for deputies in Marvin Booker excessive force case

Surveillance video of Denver deputies struggling with Marvin Booker in July 2010

Surveillance video shows Denver Sheriff’s deputies struggling with Marvin Booker in July 2010. (Credit: Denver Sheriff’s Office)

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DENVER — A ruling Wednesday means there will be no immunity for the Denver Sheriff’s Office deputies accused of using excessive force against a homeless man who later died.

In July 2010, surveillance video captured footage of several officers restraining Marvin Booker at the Denver Jail.

Officers supposedly used a choke hold and stun gun to subdue him.

Booker died at the hospital.

The deputies were seeking legal immunity in the case. A federal panel of three judges denied their request Wednesday.

Booker’s family has been pushing for action.

“This is one of the biggest cases that Denver has ever been confronted with that’s going to go to a jury trial,” says Darold Killmer, of Killmer, Lane, & Newman law firm. “We’re very excited that finally, even though Denver has been trying to avoid accountability for this, a jury will be able to assess their conduct.”

Dozens of Booker’s supporters rallied at the detention center Wednesday to honor the victim. They had already planned the rally before the ruling was released.

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