update. the good samaritan who was beat up by cops awarded $290K Don't knowingly lie about anyone Be Proactive. 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. No wonder why you guys get a bad rap, Siers can be heard saying when Sychla returns to him on the ground. 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 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 vast majority of cases named in the complaint also say the charges were dismissed. 2021 CBS Broadcasting Inc. All Rights Reserved. LOVELAND, Colo. (AP) - An excessive force lawsuit filed against the city of Loveland and four of its police officers has been settled for $290,000. 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. It also included these male adult officers forcibly pushing her entire body against brick wall and concrete, and for officer Wood, at times pushing the front of his own body hard up against her back.. "The city of Loveland, the family continues to anxiously await answers to any of that." Garner was arrested in June 2020 after she left a local Walmart without paying for a T-shirt, soda, candy. Schielke, of the Life and Liberty Law Office, filed the original complaint in January, claiming Fort Collins resident Harris Elias was wrongfully arrested by LPD officer William Gates in early 2020 for DUI. 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. This included slamming her body and limbs down into concrete multiples times, the lawsuit says. 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. The city, in response, said it will conduct an independent review and maintained that it is committed to accountability. RM W79EWX - Feldjger, the military police of the Bundeswehr, Germany's armed forces. 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. In their motion to dismiss, the defendants submitted a police affidavit in support of Talmadge's arrest from July 6. In a news release and in discussions with the Reporter-Herald, Schielke described the arrest as senseless and needless violence. 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 suit claims that at this time Siers noticed that his dogs were trying to protect him and his daughter and wanted to safely get them inside. 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. Both the Garner and Sowl cases were brought to light through Schielke and the Life and Liberty Law Office. 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. By law, if I see an OSHA violation and fail to act,I can be held personally responsible. The city announced Tuesday it was again bringing in Jensen Hughes to review the latest incident, which happened on June 20, 2020, and involved a 14-year-old Loveland girl who was accused by police of domestic violence after she slapped her boyfriend, as well as the girls father, who was tased by an officer while trying to remove his dog from the scene. "Force is not reasonable when a suspect is non-violent, not resisting, not fleeing, or poses no threat.". RM D5WCP3 - A police officer stops cars at a special checkpoint in Berlin, Germany, 09 April 2013. Thank you for your interest in the Loveland Police Department. 9NEWS is not naming the witness because he is not being accused of a crime. They hurt families and destroy lives, Schielke said in a statement. The suit also claims Sychla falsified and exaggerated facts in the police report involving Siers. The citys statement that it was hiring the consulting firm came after attorney Sarah Schielke filed a lawsuit against the city over the ordeal involving the girl, her father and their dog. 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. 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. Sychla handcuffed Siers, who was still pleading to have officers let him take his dog inside. The state's second-highest court on Thursday overturned a man's conviction for disarming a police officer, determining that Colorado law does . Loveland police officer sued over alleged wrongful - denvergazette.com Your California Privacy Rights / Privacy Policy. Lawsuits pile up at Loveland Police Department | FOX31 Denver 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. Officers Dunlap and Wood the suit claims Dunlap was field-training Wood at the time responded to the scene where they located and interviewed Hall. led to a $3 million settlement last year. The suit claims that Siers and S.S. are seeking declaratory relief and economic damages as well as compensatory damages, among other things, through a jury trial. that is degrading to another person. Mr. Siers and his lawyer said they would not accept a settlement and expected to take the case to a jury. Another person, identified as K.S., was pulled over by Gates Sept. 30, 2019. And it claims that Dunlap and Wood arrested the girl without a warrant and used excessive force. Officer Paul Ashe detained Preston Sowl after Sowl refused to answer his questions about a motorcycle crash Sowl witnessed outside a Loveland bar Sept. 22, 2019. We need you. 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. Man sues Loveland Police Department alleging excessive force Loveland Police Department officers Jeremiah Wood and Evan Dunlap arrest a 14-year-old girl in Loveland in June of 2020. 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. 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. When the officers arrived, the suit says, Siers was found in front of the house working on S.S.s bike. I was scared. 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. The city said the findings of the latest review will be made public once it is complete. 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. 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. 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. 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. 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. The civil lawsuit alleges Loveland police officer William Gates falsely arrested Harris Elias on suspicion of DUI while driving in midtown Fort . 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. Mr. Siers said his daughter had nightmares for months. Hill said she could smell alcohol in Dutkas vehicle, which Dutka explained was due to a drunk friend whom she had driven home. We hope you will find useful information in the links on the left. The charges against them were eventually dismissed, Ms. Schielke said. 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. 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 complaint adds that the LPD often posted about their victories in these absurd arrest competitions on social media, continually reaffirming to all Loveland police officers that DUI arrests are valued over all else, especially citizens constitutional rights., LPD has obtained hundreds of thousands of dollars of grant funding for themselves as a result of their DUI arrest numbers, the complaint said. Loveland is not a safe place for pets. The lawsuit alleges Metzler intimidated and bullied the witness and deactivated his body-worn camera during the interaction to cover up the use of excessive force. Sowl said he needed shoulder replacement surgery after the incident. 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. 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 cause violating the Colorado constitution Article II Section 7 and malicious prosecution under the Fourth Amendment. But instead of allowing that, Officer Sychla shoved Siers, according to the lawsuit. PLEASE TURN OFF YOUR CAPS LOCK. This material may not be published, broadcast, rewritten or redistributed. The release added the findings from this review will be made public when the investigation is completed. The lawsuit claims Sychla arrested Siers without a warrant and used excessive force against him, and violated the Dog Protection Act when he allegedly choked the dog. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. An internal review determined the officer was not justified in arresting a witness who refused to answer his questions. Give Light and the People Will Find Their Own Way, brought in to assess the Loveland Police Department. The lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. The lawsuit, filed against officers Ashe, DeLima, Schnorr and Brian Bartnes, alleges that police violated Sowl's First and Fourth Amendment rights, and that the city of Loveland violated his. At one point in the interaction, Sowl can be heard telling Ashe, I dont know what happened. And that starts with getting rid of every supervisor at LPD who approved of the violence in this video, she said. Woman with dementia sues city of Loveland, police officers - CNN 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. Colorado Supreme Court ruling makes more police internal investigations accessible. Schielke also said she wanted to ensure the officers who were involved were held accountable and forced to change.. Schielke said this incident along with others in the past show that there is a theme of issues within department leadership. The first third of the complaint retells Elias story with much of the restgoing into more detail on what the complaint describes as Chief Bob Ticer and the LPDs obsession with DUI arrests.. As this department has demonstrated in the past, we are not afraid to have outside experts look at our operations to suggest changes where they may be needed or confirm where we continue to excel, it said. 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. 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 city said Ashe violated three department policies and procedures:. Loveland police settle excessive force lawsuit for $290K Anyone can read what you share. 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. 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.. Watching what they do to this family on this video has to be unsettling and terrifying for any parent in this town because there is no common sense utilized and there is no interest in the damage being inflicted to, here, a juvenile.. The complaint later stated that, in 2019, Gates initiated 1,622 traffic stops while the average total number of stops from other LPD patrol officers working similar shifts in 2019 was 200 to 400 a year. 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. 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. She said, at the time, her records requests were not being fulfilled quickly enough to file before time ran out. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. ), First published on January 27, 2021 / 4:46 PM. Video shows Colorado police officers laughing over bodycam footage of Sowls arrest in September 2019 was capturedon body camera footage, released by Sowls attorney Sarah Schielke. Im a canine officer, dude.. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. 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. Siers had his two dogs outside on leashes at the home, according to the suit. The arrest startled her father, Jon Siers, who repeatedly told the officers that what they were doing was completely wrong, the lawsuit states. He told her they were not in a relationship, according to the suit, and the girl got upset and slapped him. The roof of a police patrol car at night, with the blue and red lights flashing. Whether movers in Fort Collins are helping you Austin Fleskes joined the Reporter-Herald team in August 2020 as the newsroom's public safety reporter. Brian Bartnes. 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. Berlin germany police motorcycles Stock Photos and Images - Alamy According to the suit, S.S., who was 14 years old at the time, lived with Siers at their home in Loveland. 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 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. Phil Metzler, have been. 2023 CBS Broadcasting Inc. All Rights Reserved. Loveland Police officers sued after arrest of teen, tasing of father We ask the public to keep an open mind as we deal with claims that will ultimately be addressed in a court of law., The statement added that this is too important an issue for the health and safety of our community to ignore.. 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. The complaint also includes 20 instances from other residents claiming that they were wrongfully arrested; the complaint adds the ones listed were just some of arrests made by Hill and Gates. The dog was later taken to live with a family out of state because he became extremely aggressive with every stranger after the police encounter, according to the lawsuit. According to the lawsuit, Siers was aware an LPD officer had shot and killed a familys dog in the past year (which Schielke also filed suit over) and wanted to take the dog inside so it was not shot if it bit one of the officers. 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. 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As a subscriber, you have 10 gift articles to give each month. Living at Kimberly Court can seem like living in the most convenient location in Boulder. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. All Rights Reserved. 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. Following the footage of the arrest the video stated that the event was reviewed by LPD chain of command and deemed reasonable and justified.. I was helpless. Officer Paul Ashe detained Preston Sowl after Sowl refused to answer his questions about a motorcycle crash Sowl witnessed outside a Loveland bar Sept. 22, 2019. They had yelled at each other, which caused someone to call the police, according to the lawsuit. The charges were dismissed by the Larimer County District Attorneys Office. While all cases referred to each person only with initials and no full names, stories mirrored what Elias went through in early 2020. Another officer, according to Talmadge, slammed him to the ground where his "head bounced off the concrete." According to the report of an internal affair, the Loveland Police Department (LPD) responded to a report of a motorcycle crash that turned out to be a rider who had lost his balance while stopped. Clint Schnorrand Sgt. The guy was probably arguing unnecessarily, and probably not a liberal at all but he was right in this case. According to the suit, the event caused emotional and physical trauma to not only Siers and S.S. but also Skippy. had 6 out of 6 clues of impairment and he blew a 0.042% on a preliminary breath test; he was arrested for DUI. Body camera footage then shows an officer yanking Skippys collar and pulling him off the ground as Mr. Siers yells, Dont choke my dog!, Im not choking, the officer says. Most notably the department became the center of international attention when Schielke released information on the June 2020 arrest of Karen Garner, a case that resulted in a $3 million settlement from the city of Loveland and a five-year prison sentence for Garners arresting officer. 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. Thank you for visiting. 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. With more equipment and more officers, they are able to make more arrests and then point to those arrest stats as proof of rising crime levels that they then proclaim requires more funding, equipment and officers to solve. Get on the ground, an officer yells, pointing a Taser at Mr. Siers and then firing it. 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. A civil lawsuit filed in Larimer County District Court accuses Loveland police officer Mat Grashorn of "recklessly killing" Wendy Love and her husband Jay Hamm's 14-month-old dog, a. Threats of harming another 2001 - 2023 Democratic Underground, LLC. Ashe arrested Sowl for obstruction of justice and resisting arrest, but the 8th Judicial District Attorneys Office dismissed the charges, according to the lawsuit. According to the Associated Press, Garcia said the settlement states the city and officers do not admit any guilt in this case. Loveland Police Officer Resorts to Excessive Force 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. Sowl's arrest was captured on body camera footage. No racism, sexism or any sort of -ism Before coming to Loveland, he graduated from Colorado State University in May 2020 with two bachelor's degrees, one in journalism and media communications and one in history. "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 event also allegedly changed Skippys entire demeanor; he became extremely aggressive with every stranger to come near the Siers home and eventually had to be rehomed to family out of state. The girl left on her bike, at which time the officers started calling the numbers of the girl and her father, and eventually went to their house to try to find them after calling for backup officers. Lawsuit alleges Loveland Police Department has pattern of - KMGH "Mr. Talmadge was minding his own business, and did not pose a danger to himself or others," Talmadge wrote in his complaint. An excessive force lawsuit filed against the Loveland Police Department has been settled for nearly $300,000. It was unclear if the officers had lawyers, and the Loveland Police Department did not immediately respond to calls seeking comment on Thursday. Sady Swanson covers public safety, criminal justice, Larimer County governmentand more throughout Northern Colorado. He called them back, and officers came back to his home while he was outside working on his daughters bike. During a press conference held Monday, Deputy Chief and soon-to-be Interim Chief Eric Stewart said that decision came after the department received criticism of former DUI cases, adding the critics are members of a defense bar who represent drivers who were charged and some who ultimately passed blood tests following DUI arrests; he did not say exactly who the critics were and said he could not comment on specific incidents. Colorado Portal and News | Denverok.com, Colorado Portal | News | Classifieds | Cars. The lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. His attorney says the injury required Sowl to undergo shoulder replacement surgery. Man sues Loveland Police Department alleging excessive force City of Loveland via YouTube/ lovgov.org On September 7, the City.