The malicious prosecution case against Longmont Police Officer Stephen Desmond will move forward after a ruling was filed by Chief Judge Philip A. Brimmer on September 24. In the ruling, Judge Brimmer denied the objection filed by defendant Desmond, agreeing with the magistrate judge’s recommendation to deny the defendant’s motion to dismiss the case.
Judge Brimmer said the plaintiff “plausibly alleges a lack of probable cause and therefore dismissal is not warranted pursuant to Fed. R. Civ. P. 12(b)(6),” and also ruled that the federal court does have jurisdiction over this case.
Robert Lewandowski, the plaintiff, alleges that Officer Desmond conducted a malicious prosecution with false information in the arrest affidavit while not considering “exculpatory statements” made by Lewandowski’s sister, who denied that her brother committed financial crimes against their mother…