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In recent years, the Loveland Police Department has faced several lawsuits that claimed officers used excessive force while making arrests, including on June 26, 2020, when a 73-year-old woman with dementia was thrown to the ground and pinned against a squad car, breaking a bone and dislocating her shoulder in the process. The Moving can be an exciting experience. NISP opponents sue Larimer County commissioners over permit approval, Your California Privacy Rights / Privacy Policy. Ashe detained Sowl for not answering his questions, twisting his arm behind his back and pushing his face into the ground. Notifications from this discussion will be disabled. 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. All Rights Reserved. The lawsuit names three officers who were involved in the arrests of Siers and his daughter as defendants: Officers Matt Sychla, Jeremiah Wood and Evan Dunlap. person will not be tolerated. Subscribe to Colorado Politics today! Loveland is not a safe place for grandparents. The federal lawsuit, filed in U.S. District Court, alleged Sowls' First, Fourth and Fourteenth Amendments were violated, according to a news release fromSchielke. Police are strengthening their checks of motorcycles and mopeds at the start of spring. Loveland Police officers sued after arrest of teen, tasing of father When the officers arrived, the suit says, Siers was found in front of the house working on S.S.s bike. They hurt families and destroy lives, Schielke said in a statement. 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. Loveland police officer violated policy in arrest of motorcycle crash or anything. She said that without someone standing up to call out the pattern of violent conduct and complete disrespect for this community, nothing is going to change. 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. Secure your subscription to Colorados premier political news journal, in continuous publication since 1898. That complaint, which only named Loveland and Gates as defendants, alleged three claims in connection to the arrest two years ago: unlawful arrest without probable cause, arrest without probable. I feel that there needs to be a change in law enforcement, Mr. Siers said. The next thing Talmadge recalled was being at the hospital. 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. This, she said, is something she hopes is exposed and ultimately ended. They have used this funding to buy themselves more equipment and hire more officers. "Force is not reasonable when a suspect is non-violent, not resisting, not fleeing, or poses no threat.". An internal review determined the officer was not justified in arresting a witness who refused to answer his questions. The. January 27, 2021 / 4:46 PM Schielke said this incident along with others in the past show that there is a theme of issues within department leadership. While the original complaint totaled 15 pages, the amended complaint was filed at four times larger, coming in at 62 pages of information, allegation and claims for relief. The lawsuit claims that a man and his 14-year-old daughter were arrested by officers who used excessive force during the encounter in 2020. The suit also claims Sychla falsified and exaggerated facts in the police report involving Siers. / CBS Colorado. 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Living at Kimberly Court can seem like living in the most convenient location in Boulder. COLORADO DOCUMENTARY PROJECT Speak out! As with previous cases Schielke has brought forth, the newest case against the department came not only with a written description in the lawsuit itself but also with a YouTube video providing both body-worn camera and security camera footage of the incident. The attorney representing Karen Garner and her family released a video Monday of officers discussing and joking about injuring Garner after her arrest. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. Another officer, according to Talmadge, slammed him to the ground where his "head bounced off the concrete." Permalink. The biggest threat to the safety of the Loveland community is - and continues to be - the Loveland Police Department itself. 'Ready for the pop?': Colorado police officer joked about excessive An officer can be seen placing Skippy inside the house; the lawsuit states that Officer Sychla kicked him in the face before closing the door. Man sues Loveland Police Department alleging excessive force Without intervention, this self-serving scam will continue and the wake of innocent citizens whose lives are destroyed by it will continue to grow.. RELATED: City of Loveland chooses firm to conduct independent review after arrest of Karen Garner, RELATED: Former Loveland officer faces assault charge, accused of writing inaccurate reports related to Karen Garner's arrest, RELATED: Karen Garner's family feels more 'concern than relief' after charges announced against officers. 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. 2023 CBS Broadcasting Inc. All Rights Reserved. The city of Loveland said Schielke had requested a settlement with the city more than a month ago and had given the city a four-day window to pay the settlement lest she release body camera video from the incident. It claims Sychla unreasonably and wrongfully arrested Siers and used excessive force against him and his dog, and also that Sychla committed malicious prosecution in arresting and forwarding charges against Siers to prosecutors. Give Light and the People Will Find Their Own Way, brought in to assess the Loveland Police Department. Our interviews with LPD staff revealed that they would like to be more involved with community members and community organizations, but do not have time to engage in these activities or problem solving because of the Departments emphasis on its data-driven strategies and the need to produce daily numbers of enforcement actions, the complaint quotes from the report. 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. A Loveland law office has filed a federal civil rights lawsuit against the Loveland Police Department and the officers involved in Garner's arrest after it allegedly caused a fractured and dislocated shoulder along with other injuries. While in the parking space, Sychla pulled out a stun gun and, after Siers began to walk toward him, fired it, hitting Siers in the stomach and causing him to collapse. A blood test also later showed no impairing substances and the District Attorneys office dismissed the DUI charges, the complaint claims. 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. The familys small white dog, Skippy, began to bark at the officers in a show of protection, the lawsuit states, prompting Mr. Siers to tell the officers that he was going to get his dog so he wouldnt bite them. A consulting firm that the city of Loveland brought in to assess the Loveland Police Department last year amid several lawsuits filed over officers use of force in different cases is coming in to look at another case in which LPD officers are alleged to have used excessive force against a man, his teenage daughter, and their dog. To always use Standard format on my mobile device: Go to My Account, About | Copyright | Privacy | Terms of service | Contact. You know, it's just, it's horrifying, terrifying, Siers said in an interview Wednesday. Ashe arrested Sowl for obstruction of justice and resisting arrest, but the 8th Judicial District Attorneys Office dismissed the charges, according to the lawsuit. By law, if I see an OSHA violation and fail to act,I can be held personally responsible. Karen Garner arrest: Video shows Colorado police officers - CNN This material may not be published, broadcast, rewritten, or redistributed. Chief Ticer and Sergeant Hill did not care about these poor innocent people Gates was victimizing without consequence, the complaint said. Notifications can be turned off anytime in the browser settings. had 6 out of 6 clues of impairment and he blew a 0.042% on a preliminary breath test; he was arrested for DUI. Victim Receives $290K Settlement | The Bexar County Jail Garner's arrest drew national attention after body camera footage released by her family's lawyer showed former Loveland Police Department officer Austin Hopp forcibly detain the then. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. 2023 www.coloradoan.com. 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. City of Loveland reaches settlement in arrest lawsuit | 9news.com All the investigation and work we were putting in to get a peek at the tip of the iceberg was taking forever, she said. 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. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. The city, in response, said it will conduct an independent review and maintained that it is committed to accountability. 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. 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. Ashe arrested Sowl for obstruction of justice and resisting arrest, but the 8th Judicial District Attorney's Office dismissed the charges, according to the lawsuit. Loveland is not a safe place for pets. Talmadge's roommate reported that Talmadge assaulted him and Talmadge resisted when officers told him he was under arrest. Loveland to pay $3 million to settle lawsuit from violent arrest of 73-year-old with dementia Julia Cardi julia.cardi@gazette.com On Wednesday evening, the Lakewood Police Department said it was aware of the lawsuit. A civil lawsuit was filed against the Loveland Police Department and City of Loveland after a police officer shot a couple's 14-month-old dog. Arrest of Colorado 14-Year-Old Over a Slap Prompts Excessive-Force Suit Dutka, an active duty military member, was driving a rental car and did not realize a headlight was out. Talmadge's roommate continued to remain in the home, allegedly telling Talmadge: "You will leave before I do.". S.S. can then be heard yelling that she needs to get a tampon, body camera footage shows. The release added the findings from this review will be made public when the investigation is completed. 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. Our website features subscriber-only news stories daily, designed for public policy arena professionals. The suit, filed in the 8th Judicial District Court on Wednesday morning, lists three claims for relief: unreasonable seizure and excessive force resulting in the abuse of their dog Skippy and wrongful arrest of Siers by Sychla; violation of due process and malicious prosecution of Siers by Sychla; and unreasonable seizure and excessive force with an arrest of S.S. by Wood and Dunlap. "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. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. As Siers continued to try to get the dog, Sychla failed to put Siers into an arm hold and pushed him to the ground, then pushed him again, the suit says. They had yelled at each other, which caused someone to call the police, according to the lawsuit. The city, in turn, has announced it will re-hire consulting company Jensen Hughes to investigate the incident. According to the report of an internal. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. In their motion to dismiss, the defendants submitted a police affidavit in support of Talmadge's arrest from July 6. 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. Get browser notifications for breaking news, live events, and exclusive reporting. His attorney says the injury required Sowl to undergo shoulder replacement surgery. 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. 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. The suit claims that S.S. believed Hall had been cheating on her, so she summoned up the courage to confront him. During this interaction, the suit says, she demanded he return several items of her property and, after he said they had never been dating so he wasnt actually cheating on her, she slapped him and left on her bike, sobbing. The accident turned out to be a man losing his balance on his motorcycle and falling over. LOVELAND, Colo. (KDVR) A Loveland police officer involved in the forceful arrest of Karen Garner resigned on Wednesday following an independent investigation by a consulting firm.. The roommate then exited the house and Talmadge soon received a call from police asking him to step outside. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. The city hired Jensen Hughes in 2021 to lead an independent investigation into the departments policies and procedures following the release of information about Garners arrest. Schielke filed a 52-page lawsuit Wednesday accusing Officer Hopp, Officer Daria Jalali, Sgt. Although Christopher Talmadge claimed that he was nonviolent and "minding his own business" when police reportedly slammed his head into his driveway, the city pointed to an affidavit the night of Talmadge's arrest indicating that he had assaulted his roommate and resisted officers. Excess Force Suit Against Loveland Police Settled For $290,000 - CBS News View this page in Standard (full site) format. I bet at this point Loveland wishes each of these events could involve the same officers, she said. Federal judge tosses man's excessive force lawsuit against Loveland police, Appeals court finds police baton does not fall under law against disarming officers, Federal judge considers whether wrongful arrest in Aurora rises to constitutional violation, Judge allows lawsuit to proceed against Colorado Springs officer who tased son of congressional candidate, Federal judge refuses to halt lawsuit involving Loveland officer's shooting of pet dog, Polis signs Bradfield's prescriptive authority for psychologists bill | FOCUS ON THE SPRINGS, Colorado Senate Republicans tap their inner 'Mean Girls' | CAPITOL M. Hill said she could smell alcohol in Dutkas vehicle, which Dutka explained was due to a drunk friend whom she had driven home. Varholak allowed Talmadge, who represented himself in court, to refile his lawsuit by June 6 if Talmadge wished to bolster any of his claims that the magistrate judge found lacking. Following multiple pleas from Siers to put the dogs inside, Sychla can be seen approaching Skippy and picking him up by the leash and carrying him toward the door, dangling several feet above the ground by his neck. He also claimed the encounter demonstrated a "serious training issue" with the Loveland Police Department. Loveland Police Department is located at 810 E 10th Street, Loveland, CO 80537 map Lobby hours: Monday through Friday 8am-5pm The LPD lobby is a safe place for online sales transactions and custody exchanges. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. 2021 CBS Broadcasting Inc. All Rights Reserved. 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.. 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. 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. Don't Threaten. Loveland Police Officer Resorts to Excessive Force This is not the first time the department has faced an excessive use of force lawsuit for actions of its officers. accounts, the history behind an article. That leads to this result, this absurd result, where the officers prioritize numbers over the constitutional rights of the citizens they are supposed to be protecting, she said. The roof of a police patrol car at night, with the blue and red lights flashing. As S.S. watched this from a few feet away, she began having a panic attack, the lawsuit states. Photo: Paul Zinken. Following the footage of the arrest the video stated that the event was reviewed by LPD chain of command and deemed reasonable and justified.. The suit says the girl suffered cuts, scrapes, bruises and a concussion during the ordeal. Four officers were there in total, the lawsuit states. Sowl was cited with obstructing a peace officer and resisting arrest, but the charges were later dropped. Sowl's arrest in September 2019 was capturedon body camera footage, released by Sowl's attorney Sarah Schielke. Colorado city to pay $3 million to elderly woman with dementia injured The report said Ashe and two other officers took the man to the ground and arrested him for obstructing a police officer and resisting arrest, injuring his shoulder. racist or sexually-oriented language. But the investigation determined the witness had not committed a crime and the officer was not justified in arresting him, according to an internal memo from Police Chief Robert Tice dated May 7. City of Loveland via YouTube/ lovgov.org On September 7, the City. Skippy can be seen in the video trying to pull its way over to him. As we move forward on our accountability efforts launched in 2021, best practices in law enforcement will be maintained and we are committed to accountability if those standards are not upheld.. Beyond excessive use of force incidents, the department has faced scrutiny for several other incidents, including the shooting and killing of a 19-year-old boy in 2021 and a dog in 2019, as well as criticism over alleged wrongful DUI arrests. 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. Loveland officer involved in Karen Garner case resigns - FOX31 Denver 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. This is not a bad apples event, it is the whole tree.. 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. 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. 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. The charges against them were eventually dismissed, Ms. Schielke said. Motorcycles can be very heavy and can cause severe damage even when just tipping over while stopped. And why would they? 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. arrested him for refusing to answer questions as a witness about a motorcycle crash outside a Loveland bar Sept. 22,2019. The guy was probably arguing unnecessarily, and probably not a liberal at all but he was right in this case. The suit claims that S.S. was arrested and charged with harassment, domestic violence, obstruction and resisting arrest while Siers was charged with obstructing a police officer and resisting arrest; the suit adds both sets of charges were eventually dismissed. each comment to let us know of abusive posts. We'd love to hear eyewitness And it claims that Dunlap and Wood arrested the girl without a warrant and used excessive force. https://www.reporterherald.com/2020/06/22/man-sues-loveland-police-department-alleging-excessive-force/?fbclid=IwAR1nA4PCQglIk6_WZnOrE2Hy6S3zGZ5L5-sxQFW2_D4aHA1QedY48JlaYu0, https://pmatep5f7b.execute-api.us-east-1.amazonaws.com/ProdStage. After going through roadside tests Hill arrested Dutka and took her for a blood test. The lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. I've never been in a situation quite like that before, Siers said. She pretty much sticks to herself, stays at home, stays out of trouble, he said. June 17, 2022 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. Please avoid obscene, vulgar, lewd, Following Schielkes early Wednesday release, the city published its own response to the event, stating that it will have Jensen Hughes conduct an independent investigation of the incident. Two Loveland Police Officers Involved In - Colorado Public Radio Loveland police officer sued over alleged wrongful - denvergazette.com By Elise Schmelzer | PUBLISHED: March 2, 2022 at 3:24 p.m. | UPDATED: March 2, 2022 at 3:26 p.m. Once in the driveway, an unidentified officer reportedly told Talmadge to face the garage, prompting Talmadge to ask if he was under arrest. Siers had his two dogs outside on leashes at the home, according to the suit.