Last year, the city of Loveland paid a $3 million settlement to the woman, Karen Garner. "Being a defendant in civil rights litigation is stressful, time-consuming, and especially in the case of law enforcement, detracts from everyday duties to the public," lawyers for the defendants wrote. Sowl said he needed shoulder replacement surgery after the incident, according to the lawsuit. At the Safeway parking lot, Officers Wood and Dunlap were collecting witness statements and asking the boy to fill out a form describing the slap, the lawsuit states. By Keith Coffman. Karen Garner, who has dementia, was arrested last June for walking out of a Walmart in Loveland, Colorado, with $13.88 worth of items, according to an amended lawsuit filed Sunday. City of Loveland via YouTube/ lovgov.org On September 7, the City. The suit adds that the slap did not cause Hall injury or even leave a mark, with video showing him telling officers that it only stung. It is terrifying because we all have to drive, we all use the roads, and it shouldnt be that easy for an officer to destroy our lives and there needs to be consequences when they recklessly do so, she said. I'm not talking to nobody.". As a subscriber, you have 10 gift articles to give each month. "The settlement ends the continuation of lengthy and expensive litigation, and resolution is deemed to be in the best interest of all parties,"Schielke said in the release. Talmadge allegedly told responding officers what had happened and they left. Following the footage of the arrest the video stated that the event was reviewed by LPD chain of command and deemed reasonable and justified.. While S.S. tried to pull away from Wood and Dunlap, the suit claims, the officers violently assaulted her as they tried to get her in handcuffs, including slamming her body and limbs onto the concrete and against the brick wall while pushing their bodiesagainst her back. Our website features subscriber-only news stories daily, designed for public policy arena professionals. It also included that 1,352 of the drivers he pulled over 84% of his stops were let off with just a warning. Its uncommon for the city to share information about internal investigations publicly, city manager Steve Adams said in the news release, but the city chose to in this instance to increase transparency. The City of Loveland is paying out $290,000 dollars to settle a lawsuit over the wrongful arrest of a man in September 2019, the man's attorney said. On a form that asked the boy if the actions of S.S. caused him pain, he marked, No., It was the middle of the day and there was little else to do, the lawsuit states, adding that the officers were bored.. According to the complaint, the arrest destroyed her life, derailing her military career as she was not able to be deployed until her case was resolved, and devastated her marriage. Two months later, the complaint said, her blood results came back with a BAC of 0.02% and the case was dismissed. PLEASE TURN OFF YOUR CAPS LOCK. When Siers returned home from work that day, he saw several missed calls from the LPD and called them back, telling them he and his daughter were at their home; this led to the three officers named in the suit responding to the residence. The boy, who denied that he cheated, declined to press charges, according to body camera footage of him speaking with the officers, which was released Wednesday by the familys lawyer, Sarah Schielke. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. that is degrading to another person. Steve Adams, the city manager in Loveland, said in a statement that while the incidents were initially reviewed and deemed appropriate at the time of the event, he would open a second review of the arrest by an independent law enforcement and public safety consulting firm. Share with Us. Another officer, according to Talmadge, slammed him to the ground where his "head bounced off the concrete." He also added that Skippy had bitten one of the officers involved. Colorado Politics is published both in print and online. Man sues Loveland Police Department alleging excessive force Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. Loveland Police Officer Resorts to Excessive Force The amended complaint, which Schielke filed to the United States District Court in Denver Thursday, has the same three claims but comes with several notable additions, including naming Sgt. Schielke also said she wanted to ensure the officers who were involved were held accountable and forced to change.. Loveland police officers sued over alleged excessive force involving Police said the witness then said he had not pulled the motorcycle off the rider and refused to answer any more questions, saying it was his constitutional right not to talk. Thank you for visiting. Example video title will go here for this video. There was a problem saving your notification. Sady Swanson covers public safety, criminal justice, Larimer County governmentand more throughout Northern Colorado. The lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. She added that while she is focusing on the LPD with this lawsuit, as it pertains to this specific department, she has heard from other attorneys that this is a problem across the country. Dutka, an active duty military member, was driving a rental car and did not realize a headlight was out. After grabbing witness statements from people in the area, including a statement from Hall where he said the incident did not cause him physical pain, the officers attempted to call S.S. and Siers to no success. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. When Siers tries to move around Sychla in the video an action he says was to deal with the dogs Sychla can be seen pushing Siers back. She had been dating 18-year-old Elijah Hall and, around lunchtime on June 20, 2020, she rode her bike to the nearby Safeway where she found Hall with another woman. COLORADO DOCUMENTARY PROJECT Speak out! Antolina Hill as one of the defendants as well as including a number of other stories alleging wrongful DUI arrest and information on the culture of the LPDs DUI enforcement. A lawsuit filed by a Fort Collins man accuses a Loveland police officer of wrongfully arresting him on suspicion of driving under the influence in January 2020. When S.S. admitted to them that she had slapped the boy, Officer Wood said that she was under arrest, the lawsuit states. Lawsuit alleges Loveland Police Department has pattern of wrongful DUI arrests Blood test shows man arrested in 2020 had no alcohol in system A new lawsuit targets the Loveland Police Department's DUI enforcement. The lawsuit says the girl, Siers and the dog have all suffered since the ordeal that day and that the dog has become extremely aggressive with every stranger.. I am confident that a thorough and impartial process was undertaken and appreciate the time and attention spent to review this matter, Adams said in the news release. He first blew a blood alcohol content (BAC) of 0.000%, the complaint says, and later that night Elias was given a blood test that eventually came back negative. Excess Force Suit Against Loveland Police Settled For $290,000 January 27, 2021 / 4:46 PM / CBS Colorado LOVELAND, Colo. (AP) - An excessive force lawsuit filed against the city of. $300K seems really low given the cost of the medical treatment and pain and suffereing. His attorney says the injury required Sowl to undergo shoulder replacement surgery. The father of a teenage girl filed a lawsuit on Wednesday against three police officers in Loveland, Colo., who arrested her in 2020, saying the men used excessive force when they slammed the 14-year-old onto concrete, fired a Taser at him and choked the familys Jack Russell terrier. 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Motorcycles can be very heavy and can cause severe damage even when just tipping over while stopped. After asking if Hall wanted to press charges, telling him he would need to fill out some information in a packet, Hall said he would rather just pass., The suit claims that despite Halls decision to not press charges, Dunlap decided to use the slap as a chance for Officer Wood to get more experience practicing a domestic violence arrest.. The. When the officers arrived, the suit says, Siers was found in front of the house working on S.S.s bike. Get on the ground, an officer yells, pointing a Taser at Mr. Siers and then firing it. Loveland Police Department, via The Life & Liberty Law Office. The Loveland Police Department has also suspended Officer Austin Hopp, who initially handcuffed Garner; two others who were on the scene, Officer Daria Jalali and Sgt. In an image taken from police body camera video, a 14-year-old girl is arrested at her home in Loveland, Colo., in 2020. Create new account | My Profile | My Account | My Bookmarks | My Inbox | Help | Log in, Back to top Alert Link here It also includes a post from Overcash in February of 2021 congratulating two of the three officers involved in the incident for receiving awards from the department for actions in 2020, with Dunlap and Wood each receiving an Exemplary Action Ribbon for an undescribed reason. The video ends by pointing some blame at the elected officials in Loveland who have supported the LPD and its officers, including clips of previous and unrelated statements from Mayor Pro Tem Don Overcash and councilors Pat McFall and John Fogle. Loveland Police Department | City of Loveland - Loveland, Colorado The charges against them were eventually dismissed, Ms. Schielke said. A Loveland police officer violated department policy when he forcefully arrested a witness of a motorcycle crash for refusing to answer questions, the city announced in a news release last week. In Ticer's presentation to the. You have permission to edit this article. Loveland Colorado Police DUI Scheme Lawsuit Update | Westword The suit adds that, per LPD policy on handcuffing, people 14 or younger should not be restrained unless they are suspected of a dangerous felony.. Your California Privacy Rights / Privacy Policy. The Jensen Hughes report released earlier this year found officers were focusing more on arrest and citation numbers rather than quality policing, and that some officers needed a stronger emphasis on the sanctity of all human life when using force against people. Skippy can be seen in the video trying to pull its way over to him. He submitted to another breath test at the station on a certified Intoxilyzer machine and blew a 0.028%. Clint Schnorrand Sgt. The state's second-highest court on Thursday overturned a man's conviction for disarming a police officer, determining that Colorado law does . To always use Standard format on my mobile device: Go to My Account, About | Copyright | Privacy | Terms of service | Contact. Hill said she could smell alcohol in Dutkas vehicle, which Dutka explained was due to a drunk friend whom she had driven home. Woman with dementia sues city of Loveland, police officers - CNN Even Chief Ticer himself assisted Hill with arresting and charging an innocent person with DUI, by providing a (Drug Recognition Expert) evaluation of the individual and declaring in his (Ticers) expert DRE opinion that the person was under the influence of cannabis.. Mr. Siers was later charged with resisting arrest; his daughter was charged with harassment, domestic violence, obstruction and resisting arrest. This is not the first time the department has faced an excessive use of force lawsuit for actions of its officers. By law, if I see an OSHA violation and fail to act,I can be held personally responsible. Loveland Police Chief Ransom Karen Garner Settlement Update - Westword 2021 CBS Broadcasting Inc. All Rights Reserved. update. the good samaritan who was beat up by cops awarded $290K Siers then can be seen complying with Sychla as he handcuffs him, but asks him to put the dogs away, stating he doesnt want the officers to shoot them. Let there be no mistake: Loveland is not a safe place for children. The lawsuit states that Officers Wood and Dunlap slammed her into the concrete stairway outside the home and pushed her against a brick wall. Philip Metzler and the City of Loveland of excessive force and violation of the Americans With . Sierss daughter tried to get to her dad, but officers continued to try to put her into handcuffs. Two officers Dunlap and Wood responded and spoke to the girl and young man, as well as other witnesses. 2023 www.coloradoan.com. The city also released its own video with footage from the incident from Sychlas body-worn camera, which includes the incident itself as well as Siers arrest and discussion with Sychla. Loveland is not a safe place for pets. In a written response reflecting many points Stewart said during Mondays press conference, the department said it can not comment on specific cases and wants to be transparent and open in our work.. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. Both videos can be found on the Life and Liberty Law Office YouTube page. Sowl said he needed shoulder replacement surgery after the incident. In this section, the complaint says that Gates, who transferred from the Greeley Police Department to the LPD in 2018, hit the ground running with prolific DUI arrests. The complaint claims that in 2018 he had more than 50 DUI arrests, 130 in 2019 and 110 in 2020 despite the pandemic. Police are strengthening their checks of motorcycles and mopeds at the start of spring. The suit claims that once S.S. admitted to the slap, Wood, without warning, put his hands on her to begin an arrest by starting to put handcuffs on her, stating she was under arrest for assault. She pretty much sticks to herself, stays at home, stays out of trouble, he said. This included slamming her body and limbs down into concrete multiples times, the lawsuit says. Ashe twisted Sowls arm behind his back and pushed his face into the ground, according to a civil rights lawsuit. He called them back, and officers came back to his home while he was outside working on his daughters bike. While four officers responded to the Siers home and waited 20 minutes, they were unable to come in contact with S.S. or her father. You can be in the know right alongside Colorados political insiders. Loveland police officer sued over alleged wrongful - denvergazette.com The charges were dismissed by the Larimer County District Attorneys Office. Talmadge's roommate continued to remain in the home, allegedly telling Talmadge: "You will leave before I do.". Thank you for your interest in the Loveland Police Department. All rights reserved. "Mr. Talmadge was minding his own business, and did not pose a danger to himself or others," Talmadge wrote in his complaint. 2023 CBS Broadcasting Inc. All Rights Reserved. I felt helpless just watching them manhandle my daughter the way they did.. Sarah Schielke of the Life and Liberty Law Office filed a lawsuit against the department and three of its officers Jeremiah Wood, Matt Sychla and Evan Dunlap for the arrest of Jon Siers and his daughter, only named as S.S. in the suit, in front of their home in Loveland in June of 2020. She said, at the time, her records requests were not being fulfilled quickly enough to file before time ran out. 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Schielke said this incident along with others in the past show that there is a theme of issues within department leadership. A federal judge has dismissed a man's lawsuit against the city of Loveland and multiple police officers that alleged excessive force and unlawful arrest. Be Nice. With her amended complaint, Schielke also uploaded an edited video of Elias arrest from 2020 as well as the full three hours of bodycam footage. "Plaintiff was arrested on charges of third degree assault and resisting arrest and a jury convicted him of those charges," Varholak wrote in a May 19 order. The Loveland Police Department was hit with many negative headlines related to the rough arrest of Karen Garner, a 73-year-old suffering from dementia who's only five feet tall and weighs. In Talmadge's narrative of events, he attempted to eject his roommate from his Loveland home on July 6, 2019, but the roommate refused and instead called police to the home. Loveland resident Pretson Sowl filed the lawsuit against the city of Loveland, Loveland Police Department and Loveland police officers Paul Ashe andBenjamin DeLima, Det. Karen Garner suffered a dislocated shoulder, fractured arm and sprained wrist after she was slammed to the ground and hogtied during a June 26 arrest, according to a federal lawsuit. By Elise Schmelzer | PUBLISHED: March 2, 2022 at 3:24 p.m. | UPDATED: March 2, 2022 at 3:26 p.m. Sowl's arrest was captured on body camera footage. Colorado Police Officer Sued for 'Recklessly' Shooting Family Dog The complaint goes on to say that Ticer and the LPD had a history of giving awards and recognition for high DUI arrests, including reporting the arrest numbers to agencies like Mothers Against Drunk Driving. Schielke and Sowl were not able to answer any additional questions about the settlementdue to the agreement with Loveland, according to the news release. Arrest of Colorado 14-Year-Old Over a Slap Prompts Excessive-Force Suit Want the real scoop? She was on her period that day and felt scared by the thought of bleeding all over a police car or jail cell, the lawsuit states. The release did not state what disciplinary or corrective action would be taken as a result of this internal investigation, just that any disciplinary actions would be taken in accordance with the conclusion and outcome of the IA., More:Colorado Supreme Court ruling makes more police internal investigations accessible. He told her they were not in a relationship, according to the suit, and the girl got upset and slapped him. Schielke said she filed Elias original complaint quickly as to avoid the statute of limitations closing. This material may not be published, broadcast, rewritten, or redistributed. DENVER, Sept 8 (Reuters) - The city of Loveland, Colorado, has agreed to pay $3 million to an elderly woman with dementia who suffered a dislocated shoulder and broken arm while . Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. The complaint also touches on results from the Jensen Hughes report that came out following the release of information on the 2020 arrest of Karen Garner, specifically what investigators heard in regard to the departments Data Driven Approach to Crime and Traffic Safety methods. The defendants asked Varholak to dismiss the lawsuit because of Talmadge's successful criminal prosecution and because he neglected to describe the actions each officer took to allegedly harm him. The lawsuit alleged officers violated Sowl's constitutional rights when they arrested him for refusing to answer questions as a witness about a motorcycle crash outside a Loveland bar Sept. 22, 2019. The video also encourages viewers to contact the city of Loveland and let them know your thoughts on their amazing police department!, The theme across all these assaults is that this is a police department that has no concept of what community safety actually means and entails, Schielke told the Reporter-Herald. While the witness was being uncooperative, the IA (internal affairs) reports that there was not probable cause to arrest Sowl, aFriday news release from the city of Loveland stated. accounts, the history behind an article. And it claims that Dunlap and Wood arrested the girl without a warrant and used excessive force. Please avoid obscene, vulgar, lewd, The video below is police bodycam footage from the incident. Loveland Police officers sued after arrest of teen, tasing of father For Siers and his daughter, they have both lost and continue to lose sleep while not feeling safe in their home, with S.S. suffering panic attacks and insomnia the suit says. Phil Metzler, have been. The lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. A federal judge has dismissed a man's lawsuit against the city of Loveland and multiple police officers that alleged excessive force and unlawful arrest. Siers was also arrested for investigation of obstructing a peace officer and resisting arrest, but the district attorneys office also dismissed those charges. In fact, we already know that some of the allegations being made are inaccurate and do not describe the professionalism and respect shown by our officers to the individual involved. They treat people like animals. The complaint also claims that around this time Hill and Ticer learned that some of Gates DUI arrests were wrongful arrests because blood and breath results were coming back showing people were not impaired. Im a canine officer, dude.. We provide you with the latest news and videos straight from the Mile High City! Really it's a testament to how bad things are at Loveland is that they know they're being recorded, and they don't change their behavior, because they just don't care, Schielke said in an interview.