Barry Morphew files lawsuit against prosecution, investigators alleging damages

CHAFFEE COUNTY, Colo. (KKTV) - A Colorado man once charged in the disappearance of his wife has filed a lawsuit against the prosecution and several others, alleging his civil rights were violated when he was arrested for a crime his attorney says he did not commit.

11 News has obtained a copy of the lawsuit. The suit, filed by Barry Morphew’s legal team, lists more than 30 defendants, including Chaffee County, the 11th Judicial District Attorney’s Office and the Chafee County Sheriff’s Office. Individual agents with both the Colorado Bureau of Investigations and the Federal Bureau of Investigations are also listed, as well as 10 unnamed John & Jane Does.

Morphew’s attorneys are seeking $15 million dollars for damages his arrest caused, as well as his belonging back from the investigation and court fees.

11 News has reached out to all agencies listed as defendants. The FBI, CBI, and Chaffee County Attorney’s office responded saying they do not comment on pending litigation.

In a statement released Tuesday after the filing, one of Morphew’s attorney, Iris Eytan, says, “Barry suffered the indignity of being wrongfully arrested, jailed and prosecuted for a crime he did not commit.”

Morphew previously faced several charges in the disappearance of his wife, Suzanne, who vanished on a bike ride in Chaffee County on Mother’s Day 2020. Those charges included First Degree Murder and Tampering With a Deceased Body, among others. First considered a missing person, Suzanne is now presumed dead by law enforcement, though to-date no remains have been found.

The charges Barry Morphew faced were dropped during a pre-trial hearing on April 19, 2022. The prosecution filed a motion to dismiss charges “without prejudice,” citing the inability to search for Suzanne’s remains at the time as the prosecution’s reason for asking for a dismissal. Since charges were dismissed “without prejudice,” prosecutors have the ability to return to the case if and when Suzanne’s body is located.