Serving Clovis, Portales and the Surrounding Communities

Clovis lawsuit dismissal denied

CLOVIS — A motion to dismiss a civil lawsuit against the city of Clovis and its police department was denied Thursday after being under advisement for two weeks by Judge Donna Mowrer.

Michael Green’s attorney Dan Lindsey said in June he intends to bring the case to a jury trial and seek compensation for medical bills Green incurred following an altercation with a then-off-duty CPD officer last year in Clovis.

Former Officer Stephen Borders pleaded no contest in September to a misdemeanor battery charge in connection with the incident.

Borders was terminated from employment with CPD in May 2016, following the incident March 20 of that year. Court records allege he pulled Green out of his truck and beat him in front of several witnesses while telling them he was a police officer.

The law firm Miller Stratvert, representing the city and CPD in the civil case that also includes Borders, argued via attorney Cody Rogers in June that Borders was not acting with any CPD authorization at the time of the incident and that neither the city nor CPD should be held accountable.

In her decision on the motion to dismiss, Mowrer wrote “it would fall to the fact finder to determine whether Defendant Border’s acts were within the scope of duty.”

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