CHAFFEE COUNTY, Colo. — A judge dismissed a federal lawsuit by Barry Morphew which asked for $15 million in damages related to what he called a "reckless" investigation and "malicious" prosecution in connection with the murder of his wife Suzanne Morphew.
Barry Morphew filed a civil rights lawsuit last May against Chaffee County, prosecutors, Colorado Bureau of Investigation employees, and FBI employees, a year after charges against him were dropped.
In his ruling issued late Tuesday, U.S. District Judge Daniel Domenico concluded that "anyone" accused of a crime deserves better than what happened in Barry Morphew's case.
He also suggested that Barry Morphew may be right that the immunity doctrine should be revisited - and said it should be easier to sue for mishandled prosecutions.
He, however, said he had to apply the law as it is currently written and therefore had to dismiss the claim made by Barry Morphew.
"Mr. Morphew’s legal battle is far from over," Morphew's attorney, Iris Eytan, said in a statement. "As Judge Domenico ruled, 'it appears everyone involved now agrees that Mr. Morphew should not have been arrested, at least not at that time' and agrees that the 'uncertainties raised by some of this evidence would have made it very difficult for the prosecution to secure a conviction at trial beyond a reasonable doubt, and prosecutors, generally, understand they have an ethical obligation not to bring charges that they cannot prove beyond a reasonable doubt.'”
"We maintain there was no fair probability that Barry was involved is Suzanne’s murder," Eytan said. "The defendants maliciously prosecuted Barry Morphew, and as is stated: 'there should be serious consequences for undermining the criminal justice system.'"
Morphew was arrested on murder and other charges in May 2021 in connection with the May 2020 disappearance of his wife, Suzanne Morphew. Those charges were dismissed in April 2022, when a judge granted a motion filed by prosecutors to dismiss the case.
The case was dismissed when Suzanne Morphew remained missing. Her remains were found in Saguache County last September.
Barry Mophew claimed in his lawsuit that the defendants engaged in actions including malicious prosecution and unlawful detention, fabrication of evidence, conspiracy, unlawful retention of property, reckless investigation and failure to supervise and train.
"As result of the Defendants’ conduct Barry was charged, arrested, and prosecuted, and his property seized, for a crime he did not commit," the lawsuit says. "As result of the Defendants’ conduct Barry spent five months in jail, approximately 6 more months wearing a GPS ankle monitor with severe restrictions on his movement, and almost a year defending against the criminal charges. To this date, Barry’s property remains in the CCSD’s possession."
"Barry’s name and reputation has been irreparably tarnished in Colorado and all around the country," the lawsuit continues.
The lawsuit also says Morphew suffered "loss of familial association with his two daughters," and "great economic losses" including "the loss of his home, business, savings and much more."
Earlier this month, Linda Stanley, the lead prosecutor in Barry Morphew's case was disbarred, in part for her handling of his case.