DENVER (KDVR) — Barry Morphew’s claims were dismissed after he filed a $15 million lawsuit following his arrest on the suspicion that he killed his wife, Suzanne Morphew.
Suzanne went missing on Mother’s Day in 2020. Her remains were found in Saguache County three years after her disappearance and it was determined she died by homicide. Despite the over 100 pages of documents used to arrest her husband, Barry, on a murder charge in 2021, his criminal case was dismissed in 2022.
In 2023, Morphew filed a $15 million lawsuit against prosecutors and investigators, accusing them of violating his constitutional rights. After over a year, the Colorado District Court reviewed the case and released its motion to dismiss all claims in the lawsuit.
The court said the core of Barry’s argument was that the affidavit that led to his arrest was misleading and he should’ve never been arrested.
Based on the evidence, the court said that when Barry was arrested, the investigation wasn’t complete and everyone agreed that Barry shouldn’t have been arrested, at least at the time. However, the court said it decided to dismiss these charges on the premise that despite the failings of the investigation, there was still probable cause to arrest Barry on a charge of murder.
While Barry’s lawsuit claimed that the affidavit left out facts that were misleadingly omitted or fabricated, the court said there were still enough facts in the arrest that Barry doesn’t dispute which were enough for probable cause for his arrest.
The court said it dismissed claims of malicious prosecution, fabrication of evidence, arrest-affidavit violations, conspiracy, unlawful retention of property, failure to intervene, reckless investigation and municipal liability.

