The 10th District Court of Appeals has upheld the dismissal of Barry Morphew’s civil lawsuit against prosecutors and investigators.
The federal appeals court agreed this week that Morphew, who now stands accused a second time of murdering his wife, failed to state viable claims against the government officials involved in his first, unsuccessful prosecution.
Morphew was arrested in May of 2021, a year after his wife, Suzanne Morphew, disappeared. State prosecutors dismissed the case in April of 2022 and Morphew filed a federal civil lawsuit a year later. As defendants, he named District Attorney Linda Stanley, multiple deputy district attorneys, investigators with various agencies, and officials in Chaffee County.
A judge dismissed Morphew’s claims related to his first prosecution, largely finding that probable cause existed to charge him for Suzanne’s murder.
This week, a three-judge panel of the U.S. Court of Appeals agreed, saying Morphew’s claims, including those for malicious prosecution, fabrication of evidence, conspiracy, failure to intervene, and municipal liability should be dismissed.
