I bet at this point Loveland wishes each of these events could involve the same officers, she said. Loveland police officer violated policy in arrest of motorcycle crash It also included information on timed DUI arrest competitions put on by MADD that LPD is a part of. The Loveland City Attorney's Office did not respond to a request for comment as of Thursday afternoon. 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. Sowls arrest in September 2019 was capturedon body camera footage, released by Sowls attorney Sarah Schielke. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. "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. 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Excess Force Suit Against Loveland Police Settled For $290,000 - CBS News She added that while she is focusing on the LPD with this lawsuit, as it pertains to this specific department, she has heard from other attorneys that this is a problem across the country. PLEASE TURN OFF YOUR CAPS LOCK. 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. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. Emergency medical personnel arrived, along with police officers from the Loveland Police Department. 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. "Indeed, the Amended Complaint lacks even a single allegation of how any specific officer touched Mr. Talmadge or engaged in force that was in excess of what was required to arrest him.". 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. 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. 2023 www.coloradoan.com. 3 min read. Police. ), First published on January 27, 2021 / 4:46 PM. Lawsuits pile up at Loveland Police Department | FOX31 Denver Phil Metzler, have been. Watching my daughter go through this, I mean, I was terrified, Mr. Siers said by phone on Thursday. Use the 'Report' link on 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. The officers asked him to call his daughter outside, saying they just wanted to talk to her. In that video, Sychla can be heard explaining to Siers why he used force, explaining he wasnt sure what the Siers intentions were. Thank you for your interest in the Loveland Police Department. Although Christopher Talmadge claimed that he was nonviolent and "minding his own business" when police reportedly slammed his head into his driveway, the city pointed to an affidavit the night of Talmadge's arrest indicating that he had assaulted his roommate and resisted officers. 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. Two officers Dunlap and Wood responded and spoke to the girl and young man, as well as other witnesses. 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. NISP opponents sue Larimer County commissioners over permit approval, Your California Privacy Rights / Privacy Policy. but it can also be stressful. each comment to let us know of abusive posts. The Moving can be an exciting experience. 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. Last year, the city of Loveland paid a $3 million settlement to the woman, Karen Garner. Thank you for visiting. The. 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. 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. 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. During this, the suit claims, S.S. began screaming while suffering from a panic attack. Austin Hopp, the officer who threw Ms. Garner, pleaded guilty to assaulting her in March and was sentenced to five years in prison. 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. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. Ashe twisted Sowls arm behind his back and pushed his face into the ground, according to a civil rights lawsuit. Schielke and Sowl were not able to answer any additional questions about the settlementdue to the agreement with Loveland, according to the news release. I couldn't do anything. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. 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 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. 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. 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.. Loveland police settle excessive force lawsuit for $290K Longmont landscaper under scrutiny after new complaints, Carreras Tacos Bring West Coast Mexican with a Competitive Edge, Murdaughs fall from grace ends in life sentence for murder, Former clerk Tina Peters found guilty on obstruction charge, Boulder police seek person of interest in womans shooting near CU Boulder. Colorado city to pay $3M settlement over Karen Garner arrest - USA TODAY Loveland Police Chief Ransom Karen Garner Settlement Update - Westword 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. I've never been in a situation quite like that before, Siers said. had 6 out of 6 clues of impairment and he blew a 0.042% on a preliminary breath test; he was arrested for DUI. 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. In a news release and in discussions with the Reporter-Herald, Schielke described the arrest as senseless and needless violence. 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. Let there be no mistake: Loveland is not a safe place for children. 2023 www.coloradoan.com. 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. Loveland police officer sued over alleged wrongful - denvergazette.com The suit claims Sychla also attempted to conduct a hold maneuver to stop Siers, an attempt that was unsuccessful. City of Loveland via YouTube/ lovgov.org On September 7, the City. 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. "Plaintiff was arrested on charges of third degree assault and resisting arrest and a jury convicted him of those charges," Varholak wrote in a May 19 order. 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. 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. When the arrest begins, Siers can be seen in the video yelling at Sychla and the other officers that they cant arrest his daughter; all the while the familys two dogs can be heard barking continuously in the background. 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. In a written response reflecting many points Stewart said during Mondays press conference, the department said it can not comment on specific cases and wants to be transparent and open in our work.. Want the real scoop? And that starts with getting rid of every supervisor at LPD who approved of the violence in this video, she said. The civil lawsuit alleges Loveland police officer William Gates falsely arrested Harris Elias on suspicion of DUI while driving in midtown Fort . Victim Receives $290K Settlement | The Bexar County Jail 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. 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. 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. Loveland Colorado Police DUI Scheme Lawsuit Update | Westword 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. 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. Whether movers in Fort Collins are helping you Austin Fleskes joined the Reporter-Herald team in August 2020 as the newsroom's public safety reporter. 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. Loveland Police Department officers Jeremiah Wood and Evan Dunlap arrest a 14-year-old girl in Loveland in June of 2020. In Ticer's presentation to the. 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. 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 city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. When they discovered that neither Siers nor his daughter were home, they left. 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. Loveland Police Department | City of Loveland - Loveland, Colorado 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. He also claimed the encounter demonstrated a "serious training issue" with the Loveland Police Department. I felt helpless just watching them manhandle my daughter the way they did.. 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. 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. 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 videos can be found on the Life and Liberty Law Office YouTube page. 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. Talmadge's roommate reported that Talmadge assaulted him and Talmadge resisted when officers told him he was under arrest. This material may not be published, broadcast, rewritten or redistributed. 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. 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 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. He called them back, and officers came back to his home while he was outside working on his daughters bike. This included slamming her body and limbs down into concrete multiples times, the lawsuit says. All rights reserved. Living at Kimberly Court can seem like living in the most convenient location in Boulder. 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. In police station surveillance video released on Monday by an attorney for Karen Garner's family, three Loveland police officers can be seen reviewing body-cam film of the arrest - footage. Schielke said she filed Elias original complaint quickly as to avoid the statute of limitations closing. Were not (going to) shoot your dog; knock it off, Sychla can be heard saying. Our website features subscriber-only news stories daily, designed for public policy arena professionals. 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. By law, if I see an OSHA violation and fail to act,I can be held personally responsible. Police are strengthening their checks of motorcycles and mopeds at the start of spring. The city announced Tuesday it was again bringing in Jensen Hughes to review the latest incident, which happened on June 20, 2020, and involved a 14-year-old Loveland girl who was accused by police of domestic violence after she slapped her boyfriend, as well as the girls father, who was tased by an officer while trying to remove his dog from the scene. The 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 Attorneys Office dismissed the charges, according to the lawsuit. The Jensen Hughes report released earlier this year found officers were focusing more on arrest and citation numbers rather than quality policing, and that some officers needed a stronger emphasis on the sanctity of all human life when using force against people. 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. 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. 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. Eventually, Sychla deployed his Taser on Siers and continued to shock him for over five seconds, the lawsuit claims. 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. Karen Garner arrest: Video shows Colorado police officers - CNN Keep it Clean. accounts, the history behind an article. Officers Wood and Dunlap eventually got her into handcuffs and arrested her for investigation of charges of harassment, domestic violence, obstruction and resisting arrest. Lawsuit alleges Loveland Police Department has pattern of - KMGH Ashe twisted Sowls arm behind his back and pushed his face into the ground, according to a civil rights lawsuit. Be Truthful. Siers was also arrested for investigation of obstructing a peace officer and resisting arrest, but the district attorneys office also dismissed those charges. January 27, 2021 / 4:46 PM Talmadge's roommate continued to remain in the home, allegedly telling Talmadge: "You will leave before I do.". 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. I feel that there needs to be a change in law enforcement, Mr. Siers said. Excessive force lawsuit filed against Loveland police settled for $290K The lawsuit alleged officers violated Sowl's constitutional rights when they arrested him for refusing to answer questions as a witness about a motorcycle crash outside a Loveland bar Sept. 22, 2019. Dutka, an active duty military member, was driving a rental car and did not realize a headlight was out. Mr. Siers and his lawyer said they would not accept a settlement and expected to take the case to a jury. 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. S.S. can then be heard yelling that she needs to get a tampon, body camera footage shows. 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 state's second-highest court on Thursday overturned a man's conviction for disarming a police officer, determining that Colorado law does . 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. S.S. can be heard crying and yelling in the background. person will not be tolerated. Skippy can be seen in the video trying to pull its way over to him. The video also encourages viewers to contact the city of Loveland and let them know your thoughts on their amazing police department!, The theme across all these assaults is that this is a police department that has no concept of what community safety actually means and entails, Schielke told the Reporter-Herald. Loveland Police Department, via The Life & Liberty Law Office. Once in the driveway, an unidentified officer reportedly told Talmadge to face the garage, prompting Talmadge to ask if he was under arrest. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. 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.. 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.. I am a first responder. In an image taken from police body camera video, a 14-year-old girl is arrested at her home in Loveland, Colo., in 2020. 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. 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 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. Threats of harming another (Courtesy of the Life and Liberty Law Office) The suit adds that, per. 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. Im a canine officer, dude.. Sowl's arrest was captured on body camera footage. Your California Privacy Rights / Privacy Policy. 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. 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.. 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.