Monday, August 11, 2008

Man says he was severely beaten by a Denver process server

Denver Post - Carlos Illescas

CENTENNIAL — A civil trial gets underway today in Arapahoe County District Court in which a man says he was severely beaten by a Denver process server who was not charged in the assault.

Ken Bernstein is suing the Denver process-server company, Checkmate Inc., for hiring Anthony Davis, a convicted felon.

According to the lawsuit, on Sept. 30, 2005, Davis was serving Bernstein with a civil subpoena and after serving it, Davis, now 39, refused to leave.

Bernstein then tried to call police, the lawsuit said, when Davis punched him in the side of his head. Bernstein's 8 year-old son was at the home and tried to revive his father. Bernstein suffered permanent brain damage, the lawsuit says.

Criminal charges were not filed. Bernstein's attorney, Chad Hemmat, said no charges were filed because prosecutors did not have enough evidence.

But Checkmate attorney Kathy Chaney said the district attorney's office decided Davis acted in self-defense. She said Bernstein came out of his house like a "raving madman reeking of alcohol," was aggressive and yelled racial epithets at Davis...

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Man says he was severely beaten by a Denver process server


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