All the investigation and work we were putting in to get a peek at the tip of the iceberg was taking forever, she said. 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. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. It also included information on timed DUI arrest competitions put on by MADD that LPD is a part of. Something like "Redefine the Police" might have been better. 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.. Phil Metzler, have been. The lawsuit states that Officers Wood and Dunlap slammed her into the concrete stairway outside the home and pushed her against a brick wall. 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. 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. The suit claims Sychla also attempted to conduct a hold maneuver to stop Siers, an attempt that was unsuccessful. Were stuck on Groundhog Day, basically, she said. Loveland Police Department officers Jeremiah Wood and Evan Dunlap arrest a 14-year-old girl in Loveland in June of 2020. 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. 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. Reach him at afleskes@prairiemountainmedia.com or on Twitter @Austinfleskes07. Watch the body camera footage here According. 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. Colorado Politics is published both in print and online. In that video, Sychla can be heard explaining to Siers why he used force, explaining he wasnt sure what the Siers intentions were. I was mad. 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 lawsuit also claims Wood and Dunlap unreasonably seized, committed a warrantless arrest against, and used excessive force against Siers daughter, who was not named in the complaint because she is a juvenile. 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. 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. "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. Schielke and Sowl were not able to answer any additional questions about the settlementdue to the agreement with Loveland, according to the news release. His attorney says the injury required Sowl to undergo shoulder replacement surgery. 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. 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.. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. To always use Standard format on my mobile device: Go to My Account, About | Copyright | Privacy | Terms of service | Contact. The suit claims that during this, S.S. hit her head more than once, ultimately causing a concussion. Sowls arrest in September 2019 was capturedon body camera footage, released by Sowls attorney Sarah Schielke. The city said the findings of the latest review will be made public once it is complete. Officers Wood and Dunlap eventually got her into handcuffs and arrested her for investigation of charges of harassment, domestic violence, obstruction and resisting arrest. Mr. Siers was later charged with resisting arrest; his daughter was charged with harassment, domestic violence, obstruction and resisting arrest. Austin Hopp, the officer who threw Ms. Garner, pleaded guilty to assaulting her in March and was sentenced to five years in prison. The city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. person will not be tolerated. I need to put a tampon in, she yells, using an expletive. 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. As S.S. watched this from a few feet away, she began having a panic attack, the lawsuit states. 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. The city, in turn, has announced it will re-hire consulting company Jensen Hughes to investigate the incident. He told her they were not in a relationship, according to the suit, and the girl got upset and slapped him. Permalink. 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. They have used this funding to buy themselves more equipment and hire more officers. 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. Mr. Siers then asked the officers to stop, saying she was just a child. I'm not talking to nobody.". After S.S. came out and began talking with the officers, she eventually admitted to slapping Hall earlier that day the video accompanying the suit claims their body-worn cameras were muted for much of this discussion. Chief Ticer and Sergeant Hill did not care about these poor innocent people Gates was victimizing without consequence, the complaint said. but it can also be stressful. 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. Were not (going to) shoot your dog; knock it off, Sychla can be heard saying. 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. She said, at the time, her records requests were not being fulfilled quickly enough to file before time ran out. 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. 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 city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. 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. So, I didn't know quite how to react.. 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.. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. The incidents were initially reviewed and deemed appropriate at the time of the event, but the city is taking a second outside look at the incident in our efforts to ensure we are policing in a respectful and proper manner, City Manager Steve Adams said in the release. No wonder why you guys get a bad rap, Siers can be heard saying when Sychla returns to him on the ground. Ashe detained Sowl for not answering his questions, twisting his arm behind his back and pushing his face into the ground. 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 city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. It's worse for POC's, but the cops are just generally out of control in a lot of places, Slogan Defund The Police is demonized by even the left but police pay out this gob smacking amounts. It was unclear if the officers had lawyers, and the Loveland Police Department did not immediately respond to calls seeking comment on Thursday. Four officers were there in total, the lawsuit states. The department also faced an excessive use of force suit for the 2019 arrest of Preston Sowl, which was settled by the city for $290,000. 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. 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. 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. ), First published on January 27, 2021 / 4:46 PM. 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. Don't knowingly lie about anyone Sowl said he needed shoulder replacement surgery after the incident, according to the lawsuit. It also included that 1,352 of the drivers he pulled over 84% of his stops were let off with just a warning. Please avoid obscene, vulgar, lewd, Loveland is not a safe place for grandparents. 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. I was scared. A Loveland, Colorado, police officer is on administrative leave and two other officers have been reassigned to administrative duties after a federal civil rights lawsuit alleging excessive use of . Don't Threaten. Siers had his two dogs outside on leashes at the home, according to the suit. We need you. But the fact that it doesnt tells the whole story. 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. The next thing Talmadge recalled was being at the hospital. 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. 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 attorney representing Karen Garner and her family released a video Monday of officers discussing and joking about injuring Garner after her arrest. that is degrading to another person. "Indeed, the Amended Complaint lacks even a single allegation of how any specific officer touched Mr. Talmadge or engaged in force that was in excess of what was required to arrest him.". Sowl said he needed shoulder replacement surgery after the incident. 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. 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 said this incident along with others in the past show that there is a theme of issues within department leadership. 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. Mr. Siers said his daughter had nightmares for months. 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. The release by Loveland corroborated Schielkes claims, stating that more than a month ago an attorney representing the family involved made a request to settle the claims with a four-day time frame to pay for damages, which the city declined. Another person, identified as K.S., was pulled over by Gates Sept. 30, 2019. 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. I feel that there needs to be a change in law enforcement, Mr. Siers said. You can be in the know right alongside Colorados political insiders. 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. Siers was also arrested for investigation of obstructing a peace officer and resisting arrest, but the district attorneys office also dismissed those charges. "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. 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. The roof of a police patrol car at night, with the blue and red lights flashing. Talmadge allegedly told responding officers what had happened and they left. Photo: Paul Zinken. Get browser notifications for breaking news, live events, and exclusive reporting. Local attorney Sarah Schielke has filed an amended lawsuit against members of the Loveland Police Department and the city of Loveland regarding an alleged wrongful DUI arrest in early 2020. You know, I dont know quite what, but some kind of change. 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. 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. 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 Loveland Police Department officers had searched for the daughter, who is identified in the lawsuit only as S.S., after she slapped a boy in a Safeway supermarket parking lot because she believed he had been cheating on her with another girl, the lawsuit states. Clint Schnorrand Sgt. You know, it's just, it's horrifying, terrifying, Siers said in an interview Wednesday. Im a canine officer, dude.. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. This is not a bad apples event, it is the whole tree.. The. When the arrest begins, Siers can be seen in the video yelling at Sychla and the other officers that they cant arrest his daughter; all the while the familys two dogs can be heard barking continuously in the background. 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 all cases referred to each person only with initials and no full names, stories mirrored what Elias went through in early 2020. 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. 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 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 lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. Sowl was cited with obstructing a peace officer and resisting arrest, but the charges were later dropped. Schielke said she filed Elias original complaint quickly as to avoid the statute of limitations closing. Skippy can be seen in the video trying to pull its way over to him. 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. Notifications from this discussion will be disabled. The city said Ashe violated three department policies and procedures:. 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.. 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. Give Light and the People Will Find Their Own Way, brought in to assess the Loveland Police Department. 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. Excessive force lawsuit filed against Loveland police settled for $290K 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 Loveland City Attorney's Office did not respond to a request for comment as of Thursday afternoon. I was getting my dog, Siers can be heard screaming in the video. At one point in the interaction, Sowl can be heard telling Ashe, "I don't know what happened. That night Gates pulled Elias over in Fort Collins and, ultimately, Gates arrested Elias for DUI. Sady Swanson covers public safety, criminal justice, Larimer County governmentand more throughout Northern Colorado. 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. 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. The roommate then exited the house and Talmadge soon received a call from police asking him to step outside. 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. Loveland Police Officer Resorts to Excessive Force Following the footage of the arrest the video stated that the event was reviewed by LPD chain of command and deemed reasonable and justified.. LOVELAND, Colo. 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. Let there be no mistake: Loveland is not a safe place for children. Eventually, Sychla deployed his Taser on Siers and continued to shock him for over five seconds, the lawsuit claims. Sady Swanson covers public safety, K-12 education and more throughout Northern Colorado. When S.S. admitted to them that she had slapped the boy, Officer Wood said that she was under arrest, the lawsuit states. Colorado Supreme Court ruling makes more police internal investigations accessible. 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.. 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.. 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. The city, in response, said it will conduct an independent review and maintained that it is committed to accountability. I was helpless watching my daughter getting manhandled by three other police officers. She said that her hope with the filing of this amended lawsuit is to address problems she sees in how the LPD operates its DUI enforcement, focusing on her concern with incentives given to officers to arrest and charge citizens. She also represented Karen Garner and her family in that case, which led to a $3 million settlement last year. No racism, sexism or any sort of -ism Loveland Police Department, via The Life & Liberty Law Office. Sowl's arrest in September 2019 was capturedon body camera footage, released by Sowl's attorney Sarah Schielke. 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. She pretty much sticks to herself, stays at home, stays out of trouble, he said. Living at Kimberly Court can seem like living in the most convenient location in Boulder. View this page in Standard (full site) format. Ashe twisted Sowls arm behind his back and pushed his face into the ground, according to a civil rights lawsuit.