COLORADO DOCUMENTARY PROJECT Speak out! The case was settled for $290,000, City Attorney Moses Garcia said. In their motion to dismiss, the defendants submitted a police affidavit in support of Talmadge's arrest from July 6. 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. She added that while she had tried to let Loveland settle the matter without taking it public, the city had declined. 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. I was mad. According to the Associated Press, Garcia said the settlement states the city and officers do not admit any guilt in this case. All rights reserved. According to the lawsuit, the girl had confronted an 18-year-old she had been dating in the parking lot of a Safeway over him allegedly cheating on her with another girl or woman. 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. Sychla can be seen carrying Skippy to the door before pushing him inside and eventually kicking the dog back in when it tries to come out. Living at Kimberly Court can seem like living in the most convenient location in Boulder. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. 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.. Watch the body camera footage here According. Threats of harming another The release added the findings from this review will be made public when the investigation is completed. Both the Garner and Sowl cases were brought to light through Schielke and the Life and Liberty Law Office. Dutka, an active duty military member, was driving a rental car and did not realize a headlight was out. You can be in the know right alongside Colorados political insiders. 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. 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. City of Loveland reaches settlement in arrest lawsuit | 9news.com 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. Karen Garner video: Colorado prosecutors launch criminal probe into The city, in response, said it will conduct an independent review and maintained that it is committed to accountability. 2023 CBS Broadcasting Inc. All Rights Reserved. You have permission to edit this article. Notifications can be turned off anytime in the browser settings. The city did not pay the demanded amount and the attorney subsequently released an edited version of the body-camera video to the public, the city said in a news release. 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. This included slamming her body and limbs down into concrete multiples times, the lawsuit says. 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.. Be Truthful. 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 say they didn't know officers injured an elderly woman Sady Swanson covers public safety, criminal justice, Larimer County governmentand more throughout Northern Colorado. The federal lawsuit, filed in U.S. District Court, alleged Sowls' First, Fourth and Fourteenth Amendments were violated, according to a news release fromSchielke. Sowl said he needed shoulder replacement surgery after the incident, according to the lawsuit. 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. The lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. His two dogs Montana, a chihuahua, and Skippy, a Jack Russell terrier were on long leashes outside the house. Watching my daughter go through this, I mean, I was terrified, Mr. Siers said by phone on Thursday. Motorcycles can be very heavy and can cause severe damage even when just tipping over while stopped. The attorney representing Karen Garner and her family released a video Monday of officers discussing and joking about injuring Garner after her arrest. Loveland Police Chief Ransom Karen Garner Settlement Update - Westword that is degrading to another person. As S.S. watched this from a few feet away, she began having a panic attack, the lawsuit states. 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. 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. 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. Im a canine officer, dude.. But Schielke states in the lawsuit several times the officers were bored and that Loveland police superiors had an unspoken practice of requiring officers to finish at least 10 citations each day in order to get promoted and onto the best shifts. The next thing Talmadge recalled was being at the hospital. 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. Mr. Siers and his lawyer said they would not accept a settlement and expected to take the case to a jury. It was unclear if the officers had lawyers, and the Loveland Police Department did not immediately respond to calls seeking comment on Thursday. Police were . 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. 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. The city said the findings of the latest review will be made public once it is complete. Talmadge's roommate continued to remain in the home, allegedly telling Talmadge: "You will leave before I do.". 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 f. Were stuck on Groundhog Day, basically, she said. The departments statement reiterated the outside review it will undergo will includes policies and procedures, overall strategy as well as status, outcomes and claims of current and recent enforcement efforts. Give Light and the People Will Find Their Own Way, brought in to assess the Loveland Police Department. Sierss daughter tried to get to her dad, but officers continued to try to put her into handcuffs. Want the real scoop? In a news release and in discussions with the Reporter-Herald, Schielke described the arrest as senseless and needless violence. Loveland City Manager Steve Adams said the city was also releasing its own video from the ordeal and that while the city initially reviewed and deemed appropriate at the time the actions of the officers, but was now taking a second outside look at the incident in our efforts to ensure we are policing in a respectful and proper manner., 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.. We hope you will find useful information in the links on the left. 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. So, I didn't know quite how to react.. Ashe twisted Sowls arm behind his back and pushed his face into the ground, according to a civil rights lawsuit. Loveland Police officers sued after arrest of teen, tasing of father The lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. Mr. Siers was later charged with resisting arrest; his daughter was charged with harassment, domestic violence, obstruction and resisting arrest. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. They treat animals like trash. Loveland resident Pretson Sowl filed the lawsuit against the city of Loveland, Loveland Police Department and Loveland police officers Paul Ashe andBenjamin DeLima, Det. After going through roadside tests Hill arrested Dutka and took her for a blood test. Fort Collins man sues Loveland police officer, alleges wrongful DUI arrest 9NEWS is not naming the witness because he is not being accused of a crime. Following this, the suit claims that Sychla shoved Siers backward several times, with Siers eventually scrambling away into a parking space in front of the residence. arrested him for refusing to answer questions as a witness about a motorcycle crash outside a Loveland bar Sept. 22,2019. "Force is not reasonable when a suspect is non-violent, not resisting, not fleeing, or poses no threat.". During this, the suit claims, S.S. began screaming while suffering from a panic attack. All rights reserved. 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. According to the suit, the event caused emotional and physical trauma to not only Siers and S.S. but also Skippy. An internal review determined the officer was not justified in arresting a witness who refused to answer his questions. According to the lawsuit, when Siers got home after work he noticed all the missed calls and voicemails from officers who said they wanted to talk with his daughter. The report said Officer Paul Ashe asked a witness what happened, and the witness told him where the motorcycle was and said he had helped pull the motorcycle off the rider. 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. Four officers were there in total, the lawsuit states. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. It also included information on timed DUI arrest competitions put on by MADD that LPD is a part of. Member subscribers also receive the weekly print edition of our award-winning newspaper, containing outstanding features and news stories, in their mailboxes every Saturday. The suit claims that during this, S.S. hit her head more than once, ultimately causing a concussion. 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. That night Gates pulled Elias over in Fort Collins and, ultimately, Gates arrested Elias for DUI. 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. U.S. Magistrate Judge Scott T. Varholak noted that Talmadge had failed to allege which officers did what, meaning his excessive force claim was not viable under the law. 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. Clint Schnorrand Sgt. To always use Standard format on my mobile device: Go to My Account, About | Copyright | Privacy | Terms of service | Contact. I was scared. The guy was probably arguing unnecessarily, and probably not a liberal at all but he was right in this case. Our website features subscriber-only news stories daily, designed for public policy arena professionals. Schielke said the names used in the suit were gained from a records request made to the LPD and, out of respect for each persons privacy, she did not include their full names with the exception of one person. Time for the same rules to apply to police, https://www.coloradoan.com/story/news/2021/01/28/loveland-police-settle-excessive-force-lawsuit-290-k/4294396001/, This cops are always repeat offenders and they keep getting assigned to patrolling citizens, Good. A blood test also later showed no impairing substances and the District Attorneys office dismissed the DUI charges, the complaint claims. I feel that there needs to be a change in law enforcement, Mr. Siers said. 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. 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. Sarah Schielke files amended wrongful DUI suit, Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Sarah Schielke files amended wrongful DUI suit against LPD officers, city of Loveland, Man charged with shooting at Larimer County deputies sentenced to 18 years in prison, Loveland, Berthoud law enforcement calls: Theft, fraud calls, Larimer County most wanted: Dallas Jacob Rusk, Larimer County Sheriff releases video summary of Nov. 21 shooting, Brought to you by Prairie Mountain Publishing, LPD announced that it would be launching an outside, professional review of its DUI enforcement program, Ramsey house in Boulder listed for sale for almost $7M, New breakfast spot serving up egg dishes in downtown Loveland, Future Legends receives liquor, entertainment license, Loveland adds new downtown festival this summer, Woods market to locate large grocery in Johnstown, In-N-Out closes on property for Loveland restaurant in Centerra, NoCo airport to decommission 4 hangars, displacing 47 planes, Ferguson High School student business wins top DECA award, Winning designs for Colorados 150th-anniversary license plates revealed, As Adderall shortage continues, DEA plans to limit some telemedicine prescriptions, House where JonBenet Ramsey was found dead listed for sale for almost $7M, Columbia University permanently drops SAT, ACT admissions requirement, The Waterbed Doctor: California retailer lays claim to retro bed with nearly 40 years of service, sales, Felonious Florida podcast: Missing teenage girl leads to several cases of child sex trafficking, Do Not Sell/Share My Personal Information. The suit also claims Sychla falsified and exaggerated facts in the police report involving Siers. 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. Berlin germany police motorcycles Stock Photos and Images - Alamy The biggest threat to the safety of the Loveland community is - and continues to be - the Loveland Police Department itself. 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. Your California Privacy Rights / Privacy Policy. A screen capture from body-worn camera video of Karen Garner's 2020 arrest and a portrait of Loveland Police Chief Bob Ticer. 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. Loveland police officers sued over alleged excessive force involving Email notifications are only sent once a day, and only if there are new matching items. 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. 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. 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. One of them, a Jack Russell terrier, started barking at the officers when they were trying to get the daughter into handcuffs. Loveland is not a safe place for grandparents. RM W79EWX - Feldjger, the military police of the Bundeswehr, Germany's armed forces. Loveland Police Officer Resorts to Excessive Force Anyone can read what you share. 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. Police are strengthening their checks of motorcycles and mopeds at the start of spring. The lawsuit alleged that Sowl declined to provide more information when asked and was injured while being detained. By Keith Coffman. 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.. Sowl's arrest was captured on body camera footage. The official filing of the amended complaint comes quickly after the LPD announced that it would be launching an outside, professional review of its DUI enforcement program; Schielke said she had informed the department of the amended complaint two weeks ago. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. Siers was also arrested for investigation of obstructing a peace officer and resisting arrest, but the district attorneys office also dismissed those charges. Thank you for your interest in the Loveland Police Department. The roof of a police patrol car at night, with the blue and red lights flashing. He called them back, and officers came back to his home while he was outside working on his daughters bike. Don't Threaten. 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.. Permalink. Sady Swanson covers public safety, K-12 education and more throughout Northern Colorado. Austin Hopp, the officer who threw Ms. Garner, pleaded guilty to assaulting her in March and was sentenced to five years in prison. He called his daughter out of the house, and according to the lawsuit, Officer Wood started to arrest his daughter as soon as she admitted to slapping the 18-year-old, which the suit says went against LPD policy of not arresting children 14 and under unless they are believed to have committed a dangerous felony.. 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. 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. MORE COVERAGE:NISP opponents sue Larimer County commissioners over permit approval. 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. had 6 out of 6 clues of impairment and he blew a 0.042% on a preliminary breath test; he was arrested for DUI. Sarah Schielke files amended wrongful DUI suit against LPD officers