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. 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. 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. He called them back, and officers came back to his home while he was outside working on his daughters bike. 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 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. We hope you will find useful information in the links on the left. According to the suit, S.S., who was 14 years old at the time, lived with Siers at their home in Loveland. Loveland Police Department, via The Life & Liberty Law Office. The suit says the girl suffered cuts, scrapes, bruises and a concussion during the ordeal. 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. 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. 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. It was unclear if the officers had lawyers, and the Loveland Police Department did not immediately respond to calls seeking comment on Thursday. 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 . The city, in response, said it will conduct an independent review and maintained that it is committed to accountability. That leads to this result, this absurd result, where the officers prioritize numbers over the constitutional rights of the citizens they are supposed to be protecting, she said. Your California Privacy Rights / Privacy Policy. She pretty much sticks to herself, stays at home, stays out of trouble, he said. 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 also claims Sychla falsified and exaggerated facts in the police report involving Siers. All the investigation and work we were putting in to get a peek at the tip of the iceberg was taking forever, she said. 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. The amended complaint, which Schielke filed to the United States District Court in Denver Thursday, has the same three claims but comes with several notable additions, including naming Sgt. Reach him at afleskes@prairiemountainmedia.com or on Twitter @Austinfleskes07. Officers Wood and Dunlap eventually got her into handcuffs and arrested her for investigation of charges of harassment, domestic violence, obstruction and resisting arrest. 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 lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. Police were . 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.. NISP opponents sue Larimer County commissioners over permit approval, Your California Privacy Rights / Privacy Policy. 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. I've never been in a situation quite like that before, Siers said. 2021 CBS Broadcasting Inc. All Rights Reserved. The suit claims Sychla also attempted to conduct a hold maneuver to stop Siers, an attempt that was unsuccessful. But instead of allowing that, Officer Sychla shoved Siers, according to the lawsuit. I am a first responder. Sychla handcuffed Siers, who was still pleading to have officers let him take his dog inside. Subscribe to Colorado Politics today! Nicole Yost, a spokeswoman for the city of Loveland, said she did not know who was representing the officers. 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. Colorado Portal and News | Denverok.com, Colorado Portal | News | Classifieds | Cars. "Force is not reasonable when a suspect is non-violent, not resisting, not fleeing, or poses no threat.". According to a release from the city, Ashe violated three LPD policies and procedures: Tice recommended a written warning and more training for the officer, according to the memo. (Courtesy of the Life and Liberty Law Office) The suit adds that, per. The federal lawsuit, filed in U.S. District Court, alleged Sowls' First, Fourth and Fourteenth Amendments were violated, according to a news release fromSchielke. Brian Bartnes. Mr. Siers was later charged with resisting arrest; his daughter was charged with harassment, domestic violence, obstruction and resisting arrest. Be Proactive. 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. 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. 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. According to the complaint, Emily Dutka, who had previously gone public about her arrest, was pulled over by Hill in May of 2020. 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 they slammed the 14-year-old onto concrete, fired a Taser at him and choked the familys Jack Russell terrier. Sowl said he needed shoulder replacement surgery after 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. 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.. 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. According to the suit, the event caused emotional and physical trauma to not only Siers and S.S. but also Skippy. Use the 'Report' link on She added that while she had tried to let Loveland settle the matter without taking it public, the city had declined. Living at Kimberly Court can seem like living in the most convenient location in Boulder. View this page in Standard (full site) format. Sowl said he needed shoulder replacement surgery after the incident. Siers was also arrested for investigation of obstructing a peace officer and resisting arrest, but the district attorneys office also dismissed those charges. Following the footage of the arrest the video stated that the event was reviewed by LPD chain of command and deemed reasonable and justified.. Two officers Dunlap and Wood responded and spoke to the girl and young man, as well as other witnesses. 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. On June 20, 2020, S.S. bicycled back to her fathers home, heartbroken over the confrontation she had with the boy hours earlier. 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. It also included that 1,352 of the drivers he pulled over 84% of his stops were let off with just a warning. By Keith Coffman. The Loveland City Attorney's Office did not respond to a request for comment as of Thursday afternoon. But the fact that it doesnt tells the whole story. Ashe twisted Sowls arm behind his back and pushed his face into the ground, according to a civil rights lawsuit. In a news release and in discussions with the Reporter-Herald, Schielke described the arrest as senseless and needless violence. 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. PLEASE TURN OFF YOUR CAPS LOCK. The city also released its own video with footage from the incident from Sychlas body-worn camera, which includes the incident itself as well as Siers arrest and discussion with Sychla. "Being a defendant in civil rights litigation is stressful, time-consuming, and especially in the case of law enforcement, detracts from everyday duties to the public," lawyers for the defendants wrote. 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. 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 guy was probably arguing unnecessarily, and probably not a liberal at all but he was right in this case. 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. DENVER OK is your Colorado news, entertainment, music & fashion website. The city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. 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. Secure your subscription to Colorados premier political news journal, in continuous publication since 1898. Be Truthful. While the original complaint totaled 15 pages, the amended complaint was filed at four times larger, coming in at 62 pages of information, allegation and claims for relief. 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. 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. This material may not be published, broadcast, rewritten or redistributed. 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. 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. 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.. By Elise Schmelzer | PUBLISHED: March 2, 2022 at 3:24 p.m. | UPDATED: March 2, 2022 at 3:26 p.m. A civil lawsuit was filed against the Loveland Police Department and City of Loveland after a police officer shot a couple's 14-month-old dog. Photo: Paul Zinken. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. Please avoid obscene, vulgar, lewd, 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. You can be in the know right alongside Colorados political insiders. 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. The complaint claims Gates said he could smell alcohol coming from the vehicle and that K.S. 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 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. The incident drew interest from nearby residents resulting in someone calling the LPD. 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. 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. Thank you for your interest in the Loveland Police Department. 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. Something like "Redefine the Police" might have been better. 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. An excessive force lawsuit filed against the Loveland Police Department has been settled for nearly $300,000. Want the real scoop? Member subscribers also receive the weekly print edition of our award-winning newspaper, containing outstanding features and news stories, in their mailboxes every Saturday. This included slamming her body and limbs down into concrete multiples times, the lawsuit says. 2023 CBS Broadcasting Inc. All Rights Reserved. The Moving can be an exciting experience. 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. 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. 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. She also represented Karen Garner and her family in that case, which led to a $3 million settlement last year. The Loveland Reporter-Herald reports Preston Sowl claimed the officers violated his constitutional rights by detaining and injuring him after he declined to talk to them while at the scene of an accident in September 2019. 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. 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. Colorado Politics is published both in print and online. Loveland is not a safe place for grandparents. 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. 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. 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. 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. 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. This includes several pictures of Facebook posts showing Gates or Hill being awarded for their DUI enforcement work. 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. Our website features subscriber-only news stories daily, designed for public policy arena professionals. Four officers were there in total, the lawsuit states. Sowl's arrest was captured on body camera footage. I was scared. racist or sexually-oriented language. 9NEWS is not naming the witness because he is not being accused of a crime. 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. 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. The next thing Talmadge recalled was being at the hospital. Im a canine officer, dude.. 2023 www.coloradoan.com. RM D5WCP3 - A police officer stops cars at a special checkpoint in Berlin, Germany, 09 April 2013. The release added the findings from this review will be made public when the investigation is completed. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. This is not a bad apples event, it is the whole tree.. $300K seems really low given the cost of the medical treatment and pain and suffereing. Steve Adams, the city manager in Loveland, said in a statement that while the incidents were initially reviewed and deemed appropriate at the time of the event, he would open a second review of the arrest by an independent law enforcement and public safety consulting firm. 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. The roommate then exited the house and Talmadge soon received a call from police asking him to step outside. 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. 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. 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. 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.. 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. Get browser notifications for breaking news, live events, and exclusive reporting. I was helpless watching my daughter getting manhandled by three other police officers. A screen capture from body-worn camera video of Karen Garner's 2020 arrest and a portrait of Loveland Police Chief Bob Ticer. By law, if I see an OSHA violation and fail to act,I can be held personally responsible. 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. January 27, 2021 / 4:46 PM Dutka, an active duty military member, was driving a rental car and did not realize a headlight was out. 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. Skippy can be seen in the video trying to pull its way over to him. 2023 www.coloradoan.com. The lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. A Loveland law office has filed a federal civil rights lawsuit against the Loveland Police Department and the officers involved in Garner's arrest after it allegedly caused a fractured and dislocated shoulder along with other injuries. While 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. He told her they were not in a relationship, according to the suit, and the girl got upset and slapped him. 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.. 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. Give Light and the People Will Find Their Own Way, brought in to assess the Loveland Police Department. He also claimed the encounter demonstrated a "serious training issue" with the Loveland Police Department. While all cases referred to each person only with initials and no full names, stories mirrored what Elias went through in early 2020. ), First published on January 27, 2021 / 4:46 PM. No racism, sexism or any sort of -ism Mr. Siers then asked the officers to stop, saying she was just a child. The officers asked him to call his daughter outside, saying they just wanted to talk to her. Phil Metzler, have been. Create new account | My Profile | My Account | My Bookmarks | My Inbox | Help | Log in, Back to top Alert Link here 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. 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 city, in turn, has announced it will re-hire consulting company Jensen Hughes to investigate the incident. All rights reserved. Talmadge's roommate continued to remain in the home, allegedly telling Talmadge: "You will leave before I do.". I was getting my dog, Siers can be heard screaming in the video. Schielke indeed did release the video on YouTube, as well as the lawsuit she said was filed Wednesday in Larimer County District Court on behalf of Jon Siers and his daughter. 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. His two dogs Montana, a chihuahua, and Skippy, a Jack Russell terrier were on long leashes outside the house. They had yelled at each other, which caused someone to call the police, according to the lawsuit. Colorado Supreme Court ruling makes more police internal investigations accessible. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. 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. I'm not talking to nobody.". Share with Us. 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. 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. 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Loveland Police Officer Resorts to Excessive Force Both the Garner and Sowl cases were brought to light through Schielke and the Life and Liberty Law Office. 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 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. You have permission to edit this article. 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.
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