By law, if I see an OSHA violation and fail to act,I can be held personally responsible. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. The suit claims that during this, S.S. hit her head more than once, ultimately causing a concussion. / CBS Colorado. Reach him at afleskes@prairiemountainmedia.com or on Twitter @Austinfleskes07. Lawsuit alleges Loveland Police Department has pattern of wrongful DUI arrests Blood test shows man arrested in 2020 had no alcohol in system A new lawsuit targets the Loveland Police Department's DUI enforcement. 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 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. A consulting firm that the city of Loveland brought in to assess the Loveland Police Department last year amid several lawsuits filed over officers' use of f. 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. 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. 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. I feel that there needs to be a change in law enforcement, Mr. Siers said. 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 . Loveland resident Pretson Sowl filed the lawsuit against the city of Loveland, Loveland Police Department and Loveland police officers Paul Ashe andBenjamin DeLima, Det. The incident drew interest from nearby residents resulting in someone calling the LPD. 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. 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. With her amended complaint, Schielke also uploaded an edited video of Elias arrest from 2020 as well as the full three hours of bodycam footage. Talmadge allegedly told responding officers what had happened and they left. Mr. Siers said his daughter had nightmares for months. Schielke also said she wanted to ensure the officers who were involved were held accountable and forced to change.. 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. Sowl was cited with obstructing a peace officer and resisting arrest, but the charges were later dropped. Our website features subscriber-only news stories daily, designed for public policy arena professionals. "Force is not reasonable when a suspect is non-violent, not resisting, not fleeing, or poses no threat.". The video below is police bodycam footage from the incident. All Rights Reserved. The lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. Eventually, Sychla deployed his Taser on Siers and continued to shock him for over five seconds, the lawsuit claims. The lawsuit names three officers who were involved in the arrests of Siers and his daughter as defendants: Officers Matt Sychla, Jeremiah Wood and Evan Dunlap. The attorney representing Karen Garner and her family released a video Monday of officers discussing and joking about injuring Garner after her arrest. The three officers named in the lawsuit Matt Sychla, Jeremiah Wood and Evan Dunlap still arrested S.S. outside her home that day. He submitted to another breath test at the station on a certified Intoxilyzer machine and blew a 0.028%. 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. They had yelled at each other, which caused someone to call the police, according to the lawsuit. 2023 CBS Broadcasting Inc. All Rights Reserved. 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 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. After asking if Hall wanted to press charges, telling him he would need to fill out some information in a packet, Hall said he would rather just pass., The suit claims that despite Halls decision to not press charges, Dunlap decided to use the slap as a chance for Officer Wood to get more experience practicing a domestic violence arrest.. "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. Create new account | My Profile | My Account | My Bookmarks | My Inbox | Help | Log in, Back to top Alert Link here MORE COVERAGE:NISP opponents sue Larimer County commissioners over permit approval. It also included information on timed DUI arrest competitions put on by MADD that LPD is a part of. 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. ), First published on January 27, 2021 / 4:46 PM. One of them, a Jack Russell terrier, started barking at the officers when they were trying to get the daughter into handcuffs. 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. You have permission to edit this article. 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. Austin Hopp, the officer who threw Ms. Garner, pleaded guilty to assaulting her in March and was sentenced to five years in prison. In Ticer's presentation to the. Don't Threaten. Last year, the city of Loveland paid a $3 million settlement to the woman, Karen Garner. 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 vast majority of cases named in the complaint also say the charges were dismissed. The city, in response, said it will conduct an independent review and maintained that it is committed to accountability. COLORADO DOCUMENTARY PROJECT Speak out! Anyone can read what you share. I felt helpless just watching them manhandle my daughter the way they did.. The city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. 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 of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. His two dogs Montana, a chihuahua, and Skippy, a Jack Russell terrier were on long leashes outside the house. 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. 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. 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 lawsuit alleged that Sowl declined to provide more information when asked and was injured while being detained. The suit claims Sychla also attempted to conduct a hold maneuver to stop Siers, an attempt that was unsuccessful. The officers then approached Mr. Siers and asked him to stop resisting, according to the body camera footage. 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 release did not state what disciplinary or corrective action would be taken as a result of this internal investigation, just that any disciplinary actions would be taken in accordance with the conclusion and outcome of the IA., More:Colorado Supreme Court ruling makes more police internal investigations accessible. Chief Ticer and Sergeant Hill did not care about these poor innocent people Gates was victimizing without consequence, the complaint said. NISP opponents sue Larimer County commissioners over permit approval, Your California Privacy Rights / Privacy Policy. 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. accounts, the history behind an article. 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. Were stuck on Groundhog Day, basically, she said. This is not the first time the department has faced an excessive use of force lawsuit for actions of its officers. In that video, Sychla can be heard explaining to Siers why he used force, explaining he wasnt sure what the Siers intentions were. 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. 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. By: Colette Bordelon Posted at 7:17 PM, Mar 31, 2022 and last updated 6:17 PM, Mar 31, 2022 Police were . 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 roommate then exited the house and Talmadge soon received a call from police asking him to step outside. Police are strengthening their checks of motorcycles and mopeds at the start of spring. In the suit, Schielke is asking for declaratory and injunctive relief, compensatory, punitive or exemplary damages, and attorneys fees and costs. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. He called them back, and officers came back to his home while he was outside working on his daughters bike. And it claims that Dunlap and Wood arrested the girl without a warrant and used excessive force. Get an email notification whenever someone contributes to the discussion. 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. They were both also making their very own wrongful DUI arrests during this time. No wonder why you guys get a bad rap, Siers can be heard saying when Sychla returns to him on the ground. Im not talking to nobody.. 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. 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. 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. As a subscriber, you have 10 gift articles to give each month. Defund the police was the wrong slogan. 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. 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. 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. Both the Garner and Sowl cases were brought to light through Schielke and the Life and Liberty Law Office. When Siers returned home from work that day, he saw several missed calls from the LPD and called them back, telling them he and his daughter were at their home; this led to the three officers named in the suit responding to the residence. 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. 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. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. (Courtesy of the Life and Liberty Law Office) The suit adds that, per. When they discovered that neither Siers nor his daughter were home, they left. 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. 3 min read. The next thing Talmadge recalled was being at the hospital. 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. Notifications can be turned off anytime in the browser settings. In their motion to dismiss, the defendants submitted a police affidavit in support of Talmadge's arrest from July 6. This included slamming her body and limbs down into concrete multiples times, the lawsuit says. I need to put a tampon in, she yells, using an expletive. It also included that 1,352 of the drivers he pulled over 84% of his stops were let off with just a warning. Four officers were there in total, the lawsuit states. 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. Sowl said he needed shoulder replacement surgery after the incident, according to the lawsuit. Something like "Redefine the Police" might have been better. "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. Schielke and Sowl were not able to answer any additional questions about the settlementdue to the agreement with Loveland, according to the news release. 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. Hill said she could smell alcohol in Dutkas vehicle, which Dutka explained was due to a drunk friend whom she had driven home. The lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. Officers Wood and Dunlap eventually got her into handcuffs and arrested her for investigation of charges of harassment, domestic violence, obstruction and resisting arrest. I was scared. The lawsuit claims Sychla arrested Siers without a warrant and used excessive force against him, and violated the Dog Protection Act when he allegedly choked the dog. A screen capture from body-worn camera video of Karen Garner's 2020 arrest and a portrait of Loveland Police Chief Bob Ticer. Phil Metzler, have been. Nicole Yost, a spokeswoman for the city of Loveland, said she did not know who was representing the officers. An excessive force lawsuit filed against the Loveland Police Department has been settled for nearly $300,000. 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.. I was getting my dog, Siers can be heard screaming in the video. After grabbing witness statements from people in the area, including a statement from Hall where he said the incident did not cause him physical pain, the officers attempted to call S.S. and Siers to no success. Talmadge's roommate continued to remain in the home, allegedly telling Talmadge: "You will leave before I do.". 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. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. I am a first responder. 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. that is degrading to another person. View this page in Standard (full site) format. 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. Share with Us. No racism, sexism or any sort of -ism Police. Brian Bartnes. The official filing of the amended complaint comes quickly after the LPD announced that it would be launching an outside, professional review of its DUI enforcement program; Schielke said she had informed the department of the amended complaint two weeks ago. The city hired Jensen Hughes in 2021 to lead an independent investigation into the departments policies and procedures following the release of information about Garners arrest. Subscribe to Colorado Politics today! His attorney says the injury required Sowl to undergo shoulder replacement surgery. 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 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. had 6 out of 6 clues of impairment and he blew a 0.042% on a preliminary breath test; he was arrested for DUI. Loveland is not a safe place for grandparents. 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The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. arrested him for refusing to answer questions as a witness about a motorcycle crash outside a Loveland bar Sept. 22,2019. At one point in the interaction, Sowl can be heard telling Ashe, I dont know what happened. 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The first roughly 21 pages share Elias story of his arrest the night of Jan. 4, 2020. 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. All the investigation and work we were putting in to get a peek at the tip of the iceberg was taking forever, she said. According to the report of an internal. Emergency medical personnel arrived, along with police officers from the Loveland Police Department. All rights reserved. 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.. 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. DENVER, Sept 8 (Reuters) - The city of Loveland, Colorado, has agreed to pay $3 million to an elderly woman with dementia who suffered a dislocated shoulder and broken arm while . 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 suit also claims Sychla falsified and exaggerated facts in the police report involving Siers. 9NEWS is not naming the witness because he is not being accused of a crime. She also represented Karen Garner and her family in that case, which led to a $3 million settlement last year. Skippy can be seen in the video trying to pull its way over to him. 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. 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. Once in the driveway, an unidentified officer reportedly told Talmadge to face the garage, prompting Talmadge to ask if he was under arrest. According to the suit, the event caused emotional and physical trauma to not only Siers and S.S. but also Skippy. 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. PLEASE TURN OFF YOUR CAPS LOCK. The suit claims that Siers and S.S. are seeking declaratory relief and economic damages as well as compensatory damages, among other things, through a jury trial. 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.
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