Denver's Civil Service Commission has reinstated two fired police officers and declined to give two others their job back.

Kevin Divine and Ricky Nixon, who were fired by former Denver Manager of Safety Charles Garcia after a rough arrest outside The Denver Diner, will get their jobs back because the city failed to file its request for a stay in a timely manner, a commission order issued today says.

In a separate case, the commission declined to reinstate two police officers fired for lying about a stolen car chase. Former Safety Manager Mary Malatesta fired David Torrez and Jose Palomares last March. A hearing panel that contracts to hear officers termination appeals overturned the dismissal, saying their misleading statements didn't meet the legal bar needed to end their careers.

The city appealed the panel's decision to the commission and asked for a stay of reinstatement for Torrez and Palomares until the commission decides whether their firing should stand. "The commission finds that irreparable harm, injury, or loss is likely to result if the request for partial stay is not granted," according to the commission order.

Tom McGhee: 303-954-1671 or tmcghee@denverpost.com