A federal judge in Denver has dismissed part of a lawsuit from a man who accused the police of beating him during an arrest in December 2020.

Chief Judge Philip Brimmer threw out allegations that the city of Denver and Denver Health are responsible for violations of TreVion McKenzie’s constitutional rights when several officers held him down, beat him in the head and one pointed a gun at him.

McKenzie, 35, also claimed a Denver Health doctor conducted an unauthorized X-ray on his pelvis to search for drugs and the city and health agency have a policy or practice of compelling medical staff to perform illegal medical procedures on people arrested.

McKenzie, who represents himself, was arrested on suspicion of attempted murder in connection with a shooting in October 2020 near Larimer Square. Online records indicate he eventually pleaded guilty to vehicular eluding, with a slew of other charges dismissed, and he is currently serving a four-year prison sentence in the Department of Corrections.

Denver Police searching for attempted murder suspect

In his lawsuit, McKenzie said he was not armed and did not resist during his arrest. McKenzie claimed that, when he was taken to the hospital after he asked for medical attention, two officers told a Denver Health doctor to perform a rectal exam to search for drugs. Though he refused the exam, he claimed the doctor performed a pelvic X-ray without him knowing at the direction of another doctor.

He also claimed Denver has a practice of subjecting people arrested to body cavity searches at hospitals when they have complained about injuries from excessive force used by police while arresting them.

Brimmer’s decision said he suffered a fracture to one of his eye sockets.

McKenzie leveled 13 allegations against 11 defendants that included Denver; Denver Health Medical Center; then-Police Chief Paul Pazen; officers Jonathan Christian, Clyde Carmody, Blake Bishop and Heather Jossi; Det. Matthew Baughman; Sgt. Jesse Campion; and two doctors.

The allegations included excessive force, unauthorized body cavity search, negligence and retaliation. 

Brimmer fully dismissed McKenzie’s claims against Denver, Denver Health, Pazen and Campion but chose not to dismiss a handful of the allegations against individual officers and doctors.