By Elise Schmelzer | PUBLISHED: March 2, 2022 at 3:24 p.m. | UPDATED: March 2, 2022 at 3:26 p.m. Mr. Siers was later charged with resisting arrest; his daughter was charged with harassment, domestic violence, obstruction and resisting arrest. A blood test also later showed no impairing substances and the District Attorneys office dismissed the DUI charges, the complaint claims. He began to place handcuffs on her, which were too large for the 14-year-olds small wrists, making it easy to slip out of, Ms. Schielke said. The Loveland Police Department is facing another excessive use of force lawsuit after the release of information and footage of a 2020 arrest of a man and his then-14-year-old daughter as well as the treatment of one of their family dogs. It was unclear if the officers had lawyers, and the Loveland Police Department did not immediately respond to calls seeking comment on Thursday. The back-to-back violent arrests point to a toxic cultural problem that cant be resolved by cherry-picking off the officer, Ms. Schielke said. According to the suit, the event caused emotional and physical trauma to not only Siers and S.S. but also Skippy. She said, at the time, her records requests were not being fulfilled quickly enough to file before time ran out. 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. 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. Sowl's arrest in September 2019 was capturedon body camera footage, released by Sowl's attorney Sarah Schielke. 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. In Ticer's presentation to the. 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. 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. As S.S. watched this from a few feet away, she began having a panic attack, the lawsuit states. person will not be tolerated. ), First published on January 27, 2021 / 4:46 PM. 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 attorney representing Karen Garner and her family released a video Monday of officers discussing and joking about injuring Garner after her arrest. 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. No racism, sexism or any sort of -ism His attorney says the injury required Sowl to undergo shoulder replacement surgery. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. 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. 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. 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.. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. Colorado Supreme Court ruling makes more police internal investigations accessible. / CBS Colorado. But instead of allowing that, Officer Sychla shoved Siers, according to the lawsuit. 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. 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. The 18-year-old man declined twice to press charges against the girl and said the slap caused him no pain, according to the lawsuit. 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. At one point in the interaction, Sowl can be heard telling Ashe, I dont know what happened. As a subscriber, you have 10 gift articles to give each month. Schielke said this incident along with others in the past show that there is a theme of issues within department leadership. 2001 - 2023 Democratic Underground, LLC. 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. The case was settled for $290,000, City Attorney Moses Garcia said. Notifications can be turned off anytime in the browser settings. When Siers tries to move around Sychla in the video an action he says was to deal with the dogs Sychla can be seen pushing Siers back. 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. Sychla handcuffed Siers, who was still pleading to have officers let him take his dog inside. Colorado Politics is published both in print and online. The roommate then exited the house and Talmadge soon received a call from police asking him to step outside. 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. Share with Us. The lawsuit alleged that Sowl declined to provide more information when asked and was injured while being detained. Threats of harming another 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 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. According to the complaint, Emily Dutka, who had previously gone public about her arrest, was pulled over by Hill in May of 2020. The Loveland City Attorney's Office did not respond to a request for comment as of Thursday afternoon. Loveland is not a safe place for grandparents. Talmadge's roommate continued to remain in the home, allegedly telling Talmadge: "You will leave before I do.". Example video title will go here for this video. By Keith Coffman. 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. 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. 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. 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. "It is long-established that a citizen cannot be charged with obstruction (or any crime) for merely refusing to answer police questioning," Sowl's attorney Sarah Schielke said in a news release at the time the lawsuit was filed in June 2020. In the suit, Schielke is asking for declaratory and injunctive relief, compensatory, punitive or exemplary damages, and attorneys fees and costs. An excessive force lawsuit filed against the Loveland Police Department has been settled for nearly $300,000. When they discovered that neither Siers nor his daughter were home, they left. DENVER OK is your Colorado news, entertainment, music & fashion website. Another officer, according to Talmadge, slammed him to the ground where his "head bounced off the concrete." Mr. Siers then asked the officers to stop, saying she was just a child. Notifications from this discussion will be disabled. had 6 out of 6 clues of impairment and he blew a 0.042% on a preliminary breath test; he was arrested for DUI. I couldn't do anything. PLEASE TURN OFF YOUR CAPS LOCK. Keep it Clean. The city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. 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. 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 city said Ashe violated three department policies and procedures:. She begged the officers to let her grab a tampon, but they told her no, causing her to flail and then collapse on the ground in tears, the lawsuit states. Copyright 2022 Scripps Media, Inc. All rights reserved. Chief Ticer and Sergeant Hill did not care about these poor innocent people Gates was victimizing without consequence, the complaint said. Ashe twisted Sowls arm behind his back and pushed his face into the ground, according to a civil rights lawsuit. Use the 'Report' link on At the Safeway parking lot, Officers Wood and Dunlap were collecting witness statements and asking the boy to fill out a form describing the slap, the lawsuit states. One of them, a Jack Russell terrier, started barking at the officers when they were trying to get the daughter into handcuffs. And that starts with getting rid of every supervisor at LPD who approved of the violence in this video, she said. The incident drew interest from nearby residents resulting in someone calling the LPD. He told her they were not in a relationship, according to the suit, and the girl got upset and slapped him. 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. At one point in the interaction, Sowl can be heard telling Ashe, "I don't know what happened. 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. 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. 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. The defendants asked Varholak to dismiss the lawsuit because of Talmadge's successful criminal prosecution and because he neglected to describe the actions each officer took to allegedly harm him. 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. Be Proactive. 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. January 27, 2021 / 4:46 PM Member subscribers also receive the weekly print edition of our award-winning newspaper, containing outstanding features and news stories, in their mailboxes every Saturday. Ashe twisted Sowls arm behind his back and pushed his face into the ground, according to a civil rights lawsuit. 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. Sowl said he needed shoulder replacement surgery after the incident. The lawsuit claims the dog did eventually nip at some of the officers, and that Sychla eventually picked the dog up by his leach and held him into the air by his throat while taking him to the front door of the home and putting him inside. According to the Associated Press, Garcia said the settlement states the city and officers do not admit any guilt in this case. 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.. Excess Force Suit Against Loveland Police Settled For $290,000 January 27, 2021 / 4:46 PM / CBS Colorado LOVELAND, Colo. (AP) - An excessive force lawsuit filed against the city of. He called them back, and officers came back to his home while he was outside working on his daughters bike. Philip Metzler and the City of Loveland of excessive force and violation of the Americans With . 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. The charges against them were eventually dismissed, Ms. Schielke said. 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. 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. His two dogs Montana, a chihuahua, and Skippy, a Jack Russell terrier were on long leashes outside the house. Emergency medical personnel arrived, along with police officers from the Loveland Police Department. 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. accounts, the history behind an article. 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. The boy, who denied that he cheated, declined to press charges, according to body camera footage of him speaking with the officers, which was released Wednesday by the familys lawyer, Sarah Schielke. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. 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. The Moving can be an exciting experience. "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. 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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 Loveland Police Department has also suspended Officer Austin Hopp, who initially handcuffed Garner; two others who were on the scene, Officer Daria Jalali and Sgt. "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. This material may not be published, broadcast, rewritten, or redistributed. 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 . Sowl said he needed shoulder replacement surgery after the incident. Once in the driveway, an unidentified officer reportedly told Talmadge to face the garage, prompting Talmadge to ask if he was under arrest. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. 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. It also included that 1,352 of the drivers he pulled over 84% of his stops were let off with just a warning. Sady Swanson covers public safety, K-12 education and more throughout Northern Colorado. 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. 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. Get browser notifications for breaking news, live events, and exclusive reporting. The video below is police bodycam footage from the incident. As for the claim of unlawful arrest, Varholak explained that the U.S. Supreme Court's decision inHeck v. Humphreyprevents criminal defendants from suing for monetary damages over unconstitutional imprisonment unless their conviction is overturned. I was helpless watching my daughter getting manhandled by three other police officers. 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. A screen capture from body-worn camera video of Karen Garner's 2020 arrest and a portrait of Loveland Police Chief Bob Ticer. Following the footage of the arrest the video stated that the event was reviewed by LPD chain of command and deemed reasonable and justified.. They treat people like animals. 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. When the officers arrived, the suit says, Siers was found in front of the house working on S.S.s bike. RM W79EWX - Feldjger, the military police of the Bundeswehr, Germany's armed forces. I feel that there needs to be a change in law enforcement, Mr. Siers said. Officers Wood and Dunlap, who had asked for backup, arrived outside Mr. Sierss home later that day and asked to speak with his daughter. 9NEWS is not naming the witness because he is not being accused of a crime. 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. 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. All rights reserved. Sowl said he needed shoulder replacement surgery after the incident, 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. 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. 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.. I'm not talking to nobody.". DENVER - 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 lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. 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. I've never been in a situation quite like that before, Siers said. 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. You have permission to edit this article. You can be in the know right alongside Colorados political insiders. They treat animals like trash. Give Light and the People Will Find Their Own Way, brought in to assess the Loveland Police Department. The biggest threat to the safety of the Loveland community is - and continues to be - the Loveland Police Department itself. 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. All Rights Reserved. We'd love to hear eyewitness Schielke and Sowl were not able to answer any additional questions about the settlementdue to the agreement with Loveland, according to the news release. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. Anyone can read what you share. So, I didn't know quite how to react.. 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. Ashe detained Sowl for not answering his questions, twisting his arm behind his back and pushing his face into the ground.
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