City wants out of lawsuit

CLOVIS — A lawyer for the city of Clovis and its police department argued in court Thursday they should be dismissed from a civil case made in connection with an off-duty police officer’s altercation with a civilian last year.

Judge Donna Mowrer said she will take the matter under advisement and make a decision on the dismissal motion by Aug. 31.

The motion was filed Feb. 20 in district court by the law firm Miller Stratvert, represented Thursday by attorney Cody Rogers. The firm filed the motion on behalf of the city of Clovis, “including its division, Clovis Police Department,” two defendants in a civil case that also includes former CPD Officer Stephen Borders.

Attorney Dan Lindsey said he intends to bring the case before a jury and hold the city and CPD responsible for the actions of the former police sergeant.

Borders was terminated from his employment with CPD in May of last year, following a March 20, 2016, traffic incident in Clovis.

In September, Borders pleaded no contest to a misdemeanor battery charge in connection with the altercation, in which he is said to have pulled Michael Green out of his truck and beaten him in front of several witnesses while telling them he was a police officer, according to court documents.

Borders was employed with CPD at the time, but off-duty that morning, driving a civilian vehicle and wearing civilian clothes.

In an affidavit filed in District Court, CPD Chief Doug Ford said Borders was not within the scope of his duty at the time.

Rogers argued Thursday that there is “no allegation that he used any of the trappings of his job” or that he acted with CPD authorization during the incident, so the city should not be held accountable for the civil damages sought by Green.

Lindsey said the motion was “a sham and false” and said the action was “clearly asserted to delay the proceedings” against the police department.

“We’ve asked the police department to pay for his medical bills and they refuse to pay any medical bills. The police department policies are that all police officers are all on duty even when they’re off the clock. That’s why we want to take this to the jury.”

Borders did not attend the proceeding, but was represented by his attorney.