The charges against them were eventually dismissed, Ms. Schielke said. The complaint also includes 20 instances from other residents claiming that they were wrongfully arrested; the complaint adds the ones listed were just some of arrests made by Hill and Gates. Sady Swanson covers public safety, criminal justice, Larimer County governmentand more throughout Northern Colorado. 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. But instead of allowing that, Officer Sychla shoved Siers, according to the lawsuit. The suit claims that during this, S.S. hit her head more than once, ultimately causing a concussion. ( Copyright 2021 The Associated Press. COLORADO DOCUMENTARY PROJECT Speak out! 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. Both the Garner and Sowl cases were brought to light through Schielke and the Life and Liberty Law Office. 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. Anyone can read what you share. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. 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. They treat animals like trash. 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. 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. "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. Want the real scoop? They had yelled at each other, which caused someone to call the police, according to the lawsuit. Both videos can be found on the Life and Liberty Law Office YouTube page. Schielke and Sowl were not able to answer any additional questions about the settlementdue to the agreement with Loveland, according to the news release. Loveland Police Department, via The Life & Liberty Law Office. 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. Sowl's arrest in September 2019 was capturedon body camera footage, released by Sowl's attorney Sarah Schielke. Sierss daughter tried to get to her dad, but officers continued to try to put her into handcuffs. Be Nice. Police. Officers Wood and Dunlap eventually got her into handcuffs and arrested her for investigation of charges of harassment, domestic violence, obstruction and resisting arrest. You know, it's just, it's horrifying, terrifying, Siers said in an interview Wednesday. 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. I was helpless. I am a first responder. He first blew a blood alcohol content (BAC) of 0.000%, the complaint says, and later that night Elias was given a blood test that eventually came back negative. Officers Wood and Dunlap, who had asked for backup, arrived outside Mr. Sierss home later that day and asked to speak with his daughter. Get an email notification whenever someone contributes to the discussion. You can be in the know right alongside Colorados political insiders. 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. Wood was in field training at the time, according to the lawsuit, which says that Dunlap decided to use this childs slap as a chance for Officer Wood to get more experience practicing a domestic violence arrest.. / CBS Colorado. Siers had his two dogs outside on leashes at the home, according to the suit. And that starts with getting rid of every supervisor at LPD who approved of the violence in this video, she said. No wonder why you guys get a bad rap, Siers can be heard saying when Sychla returns to him on the ground. In a news release and in discussions with the Reporter-Herald, Schielke described the arrest as senseless and needless violence. Colorado Politics is published both in print and online. Be Truthful. The officers then approached Mr. Siers and asked him to stop resisting, according to the body camera footage. The city said the findings of the latest review will be made public once it is complete. 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. Schielke said she filed Elias original complaint quickly as to avoid the statute of limitations closing. 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. 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. Secure your subscription to Colorados premier political news journal, in continuous publication since 1898. The vast majority of cases named in the complaint also say the charges were dismissed. She also represented Karen Garner and her family in that case, which led to a $3 million settlement last year. In an image taken from police body camera video, a 14-year-old girl is arrested at her home in Loveland, Colo., in 2020. 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. 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. It is important to stress that this process is not an acknowledgement as to the validity or accuracy of the specific complaints made by certain individuals about our DUI program, the statement said. The ordeal was enough for someone to call Loveland police to the scene, according to the lawsuit. The Loveland City Attorney's Office did not respond to a request for comment as of Thursday afternoon. Give Light and the People Will Find Their Own Way, brought in to assess the Loveland Police Department. 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Get on the ground, an officer yells, pointing a Taser at Mr. Siers and then firing it. 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. "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. Something like "Redefine the Police" might have been better. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. 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 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. According to the Associated Press, Garcia said the settlement states the city and officers do not admit any guilt in this case. 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. 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. Ashe twisted Sowls arm behind his back and pushed his face into the ground, according to a civil rights lawsuit. Loveland Police Officer Resorts to Excessive Force The accident turned out to be a man losing his balance on his motorcycle and falling over. 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. There was a problem saving your notification. racist or sexually-oriented language. arrested him for refusing to answer questions as a witness about a motorcycle crash outside a Loveland bar Sept. 22,2019. The federal lawsuit, filed in U.S. District Court, alleged Sowls' First, Fourth and Fourteenth Amendments were violated, according to a news release fromSchielke. By law, if I see an OSHA violation and fail to act,I can be held personally responsible. Colorado Supreme Court ruling makes more police internal investigations accessible. And it claims that Dunlap and Wood arrested the girl without a warrant and used excessive force. Mr. Siers said his daughter had nightmares for months. Following the footage of the arrest the video stated that the event was reviewed by LPD chain of command and deemed reasonable and justified.. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. Loveland resident Pretson Sowl filed the lawsuit against the city of Loveland, Loveland Police Department and Loveland police officers Paul Ashe andBenjamin DeLima, Det. person will not be tolerated. 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. Were stuck on Groundhog Day, basically, she said. This, she said, is something she hopes is exposed and ultimately ended. I was getting my dog, Siers can be heard screaming in the video. Your California Privacy Rights / Privacy Policy. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. The complaint claims Gates said he could smell alcohol coming from the vehicle and that K.S. The citys statement that it was hiring the consulting firm came after attorney Sarah Schielke filed a lawsuit against the city over the ordeal involving the girl, her father and their dog. The 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. The officers asked him to call his daughter outside, saying they just wanted to talk to her. Hill said she could smell alcohol in Dutkas vehicle, which Dutka explained was due to a drunk friend whom she had driven home. 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. I'm not talking to nobody.". 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. At one point in the interaction, Sowl can be heard telling Ashe, "I don't know what happened. "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. As a subscriber, you have 10 gift articles to give each month. 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. In that video, Sychla can be heard explaining to Siers why he used force, explaining he wasnt sure what the Siers intentions were. He also claimed the encounter demonstrated a "serious training issue" with the Loveland Police Department. 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.. 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. Notifications can be turned off anytime in the browser settings. ), First published on January 27, 2021 / 4:46 PM. Schielke said this incident along with others in the past show that there is a theme of issues within department leadership. 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. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. Reach him at afleskes@prairiemountainmedia.com or on Twitter @Austinfleskes07. I'm not talking to nobody.". The lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. The next thing Talmadge recalled was being at the hospital. 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 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. Sowl said he needed shoulder replacement surgery after the incident, according to the lawsuit. 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. 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. She pretty much sticks to herself, stays at home, stays out of trouble, he said. 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 Keith Coffman. Phil Metzler, have been. When the officers arrived, the suit says, Siers was found in front of the house working on S.S.s bike. 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. The roof of a police patrol car at night, with the blue and red lights flashing. Mr. Siers then asked the officers to stop, saying she was just a child. "Mr. Talmadge was minding his own business, and did not pose a danger to himself or others," Talmadge wrote in his complaint. 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. Talmadge's roommate continued to remain in the home, allegedly telling Talmadge: "You will leave before I do.". It also included information on timed DUI arrest competitions put on by MADD that LPD is a part of. had 6 out of 6 clues of impairment and he blew a 0.042% on a preliminary breath test; he was arrested for DUI. "Force is not reasonable when a suspect is non-violent, not resisting, not fleeing, or poses no threat.". Updated: 4:50 PM MDT June 15, 2022 LOVELAND, Colo. The City of Loveland announced Wednesday the independent review of the 2020 arrest of a 14-year-old girl and tasing of her father after a. 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. By Elise Schmelzer | PUBLISHED: March 2, 2022 at 3:24 p.m. | UPDATED: March 2, 2022 at 3:26 p.m. 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. 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. 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 investigation offered a positive review on many of the departments policies and practices along with critiques on how to improve in the areas in which it was lacking. Our website features subscriber-only news stories daily, designed for public policy arena professionals. 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. Permalink. that is degrading to another person. 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. 9NEWS is not naming the witness because he is not being accused of a crime. 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. Share with Us. Don't Threaten. Police are strengthening their checks of motorcycles and mopeds at the start of spring. 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. I was helpless watching my daughter getting manhandled by three other police officers. The roommate then exited the house and Talmadge soon received a call from police asking him to step outside. The suit also claims Sychla falsified and exaggerated facts in the police report involving Siers. 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. We provide you with the latest news and videos straight from the Mile High City! At one point in the interaction, Sowl can be heard telling Ashe, "I don't know what happened. I appreciate the difficult, challenging, and often dangerous roles that LPD officers undertake to keep our community safe, and I want to express my gratitude to the men and women of LPD for taking on this important work and for continuing in our larger efforts to improve community policing to best serve our community, Adams said in the release. Subscribe to Colorado Politics today! Create new account | My Profile | My Account | My Bookmarks | My Inbox | Help | Log in, Back to top Alert Link here 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.. When S.S. admitted to them that she had slapped the boy, Officer Wood said that she was under arrest, the lawsuit states. 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. 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.. At one point in the interaction, Sowl can be heard telling Ashe, I dont know what happened. According to the complaint, the arrest destroyed her life, derailing her military career as she was not able to be deployed until her case was resolved, and devastated her marriage. Two months later, the complaint said, her blood results came back with a BAC of 0.02% and the case was dismissed. They treat people like animals. 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. So, I didn't know quite how to react.. 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.. The first third of the complaint retells Elias story with much of the restgoing into more detail on what the complaint describes as Chief Bob Ticer and the LPDs obsession with DUI arrests.. Sowl was cited with obstructing a peace officer and resisting arrest, but the charges were later dropped. Sowl said he needed shoulder replacement surgery after the incident.
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