According to the lawsuit, the girl had confronted an 18-year-old she had been dating in the parking lot of a Safeway over him allegedly cheating on her with another girl or woman. 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 . 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. Dutka, an active duty military member, was driving a rental car and did not realize a headlight was out. She also represented Karen Garner and her family in that case, which led to a $3 million settlement last year. Shes a good kid.. 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. Berlin germany police motorcycles Stock Photos and Images - Alamy 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. 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. I'm not talking to nobody.". Don't Threaten. 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. Mr. Siers was later charged with resisting arrest; his daughter was charged with harassment, domestic violence, obstruction and resisting arrest. 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. The officers then approached Mr. Siers and asked him to stop resisting, according to the body camera footage. Sady Swanson covers public safety, K-12 education and more throughout Northern Colorado. 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. Thank you for your interest in the Loveland Police Department. Lawsuit alleges Loveland Police Department has pattern of - KMGH Watch the body camera footage here According. Mr. Siers then asked the officers to stop, saying she was just a child. Watching what they do to this family on this video has to be unsettling and terrifying for any parent in this town because there is no common sense utilized and there is no interest in the damage being inflicted to, here, a juvenile.. "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.". Body camera footage then shows an officer yanking Skippys collar and pulling him off the ground as Mr. Siers yells, Dont choke my dog!, Im not choking, the officer says. 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. During a press conference held Monday, Deputy Chief and soon-to-be Interim Chief Eric Stewart said that decision came after the department received criticism of former DUI cases, adding the critics are members of a defense bar who represent drivers who were charged and some who ultimately passed blood tests following DUI arrests; he did not say exactly who the critics were and said he could not comment on specific incidents. While four officers responded to the Siers home and waited 20 minutes, they were unable to come in contact with S.S. or her father. City of Loveland reaches settlement in arrest lawsuit | 9news.com City of Loveland via YouTube/ lovgov.org On September 7, the City. When Siers tries to move around Sychla in the video an action he says was to deal with the dogs Sychla can be seen pushing Siers back. 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 lawsuit alleged that Sowl declined to provide more information when asked and was injured while being detained. Our website features subscriber-only news stories daily, designed for public policy arena professionals. He also added that Skippy had bitten one of the officers involved. By: Colette Bordelon Posted at 7:17 PM, Mar 31, 2022 and last updated 6:17 PM, Mar 31, 2022 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. Keep it Clean. 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. The Loveland City Attorney's Office did not respond to a request for comment as of Thursday afternoon. ( Copyright 2021 The Associated Press. 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. 2001 - 2023 Democratic Underground, LLC. 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 accident turned out to be a man losing his balance on his motorcycle and falling over. 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.. 2023 www.coloradoan.com. Were stuck on Groundhog Day, basically, she said. In that video, Sychla can be heard explaining to Siers why he used force, explaining he wasnt sure what the Siers intentions were. According to the complaint, Emily Dutka, who had previously gone public about her arrest, was pulled over by Hill in May of 2020. 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. 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.. Sarah Schielke of the Life and Liberty Law Office filed a lawsuit against the department and three of its officers Jeremiah Wood, Matt Sychla and Evan Dunlap for the arrest of Jon Siers and his daughter, only named as S.S. in the suit, in front of their home in Loveland in June of 2020. Want the real scoop? Loveland police settle excessive force lawsuit for $290K This, she said, is something she hopes is exposed and ultimately ended. Skippy can be seen in the video trying to pull its way over to him. Notifications can be turned off anytime in the browser settings. I'm not talking to nobody.". 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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. 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. Schielke said this incident along with others in the past show that there is a theme of issues within department leadership. Karen Garner arrest: Video shows Colorado police officers - CNN Be Proactive. Austin Hopp, the officer who threw Ms. Garner, pleaded guilty to assaulting her in March and was sentenced to five years in prison. It also included information on timed DUI arrest competitions put on by MADD that LPD is a part of. The arrest startled her father, Jon Siers, who repeatedly told the officers that what they were doing was completely wrong, the lawsuit states. Philip Metzler and the City of Loveland of excessive force and violation of the Americans With . 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. 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. Federal judge tosses man's excessive force lawsuit against Loveland police, Appeals court finds police baton does not fall under law against disarming officers, Federal judge considers whether wrongful arrest in Aurora rises to constitutional violation, Judge allows lawsuit to proceed against Colorado Springs officer who tased son of congressional candidate, Federal judge refuses to halt lawsuit involving Loveland officer's shooting of pet dog, Polis signs Bradfield's prescriptive authority for psychologists bill | FOCUS ON THE SPRINGS, Colorado Senate Republicans tap their inner 'Mean Girls' | CAPITOL M. When they discovered that neither Siers nor his daughter were home, they left. 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. Reach him at afleskes@prairiemountainmedia.com or on Twitter @Austinfleskes07. 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 Police Department, via The Life & Liberty Law Office. Sady Swanson covers public safety, criminal justice, Larimer County governmentand more throughout Northern Colorado. 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. "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. 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. At one point in the interaction, Sowl can be heard telling Ashe, I dont know what happened. Schielke said she filed Elias original complaint quickly as to avoid the statute of limitations closing. 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. 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. It also included these male adult officers forcibly pushing her entire body against brick wall and concrete, and for officer Wood, at times pushing the front of his own body hard up against her back.. Ashe twisted Sowls arm behind his back and pushed his face into the ground, according to a civil rights lawsuit. 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. 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.. Loveland Police Department | City of Loveland - Loveland, Colorado Police said the witness then said he had not pulled the motorcycle off the rider and refused to answer any more questions, saying it was his constitutional right not to talk. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. His attorney says the injury required Sowl to undergo shoulder replacement surgery. The. S.S. can then be heard yelling that she needs to get a tampon, body camera footage shows. 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. Nicole Yost, a spokeswoman for the city of Loveland, said she did not know who was representing the officers. racist or sexually-oriented language. or anything. The next thing Talmadge recalled was being at the hospital. The dog was later taken to live with a family out of state because he became extremely aggressive with every stranger after the police encounter, according to the lawsuit. At one point in the interaction, Sowl can be heard telling Ashe, "I don't know what happened. Be Truthful. 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 screen capture from body-worn camera video of Karen Garner's 2020 arrest and a portrait of Loveland Police Chief Bob Ticer. What theyre doing is just violence., Arrest of Colorado 14-Year-Old Over a Slap Prompts Excessive-Force Suit, https://www.nytimes.com/2022/06/17/us/colorado-loveland-police-lawsuit.html. "Any complaint leveled against our personnel is taken seriously," the department said in a statement. The federal lawsuit, filed in U.S. District Court, alleged Sowls' First, Fourth and Fourteenth Amendments were violated, according to a news release fromSchielke. The three officers named in the lawsuit Matt Sychla, Jeremiah Wood and Evan Dunlap still arrested S.S. outside her home that day. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. 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. Sowl said he needed shoulder replacement surgery after the incident. 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. In an image taken from police body camera video, a 14-year-old girl is arrested at her home in Loveland, Colo., in 2020. Victim Receives $290K Settlement | The Bexar County Jail Lawsuits pile up at Loveland Police Department | FOX31 Denver Loveland police settle excessive force lawsuit for $290K 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 roof of a police patrol car at night, with the blue and red lights flashing. Be Nice. Loveland Police Officer Resorts to Excessive Force A blood test also later showed no impairing substances and the District Attorneys office dismissed the DUI charges, the complaint claims. 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. Email notifications are only sent once a day, and only if there are new matching items. He told her they were not in a relationship, according to the suit, and the girl got upset and slapped him. 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. Fort Collins man sues Loveland police officer, alleges wrongful DUI arrest The city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. 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. Loveland police officer sued over alleged wrongful - denvergazette.com He called them back, and officers came back to his home while he was outside working on his daughters bike. Member subscribers also receive the weekly print edition of our award-winning newspaper, containing outstanding features and news stories, in their mailboxes every Saturday. In Ticer's presentation to the. To always use Standard format on my mobile device: Go to My Account, About | Copyright | Privacy | Terms of service | Contact. 2023 CBS Broadcasting Inc. All Rights Reserved. According to the Associated Press, Garcia said the settlement states the city and officers do not admit any guilt in this case. 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. The roommate then exited the house and Talmadge soon received a call from police asking him to step outside. By law, if I see an OSHA violation and fail to act,I can be held personally responsible. 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. And why would they? The civil lawsuit alleges Loveland police officer William Gates falsely arrested Harris Elias on suspicion of DUI while driving in midtown Fort . The complaint adds that the LPD often posted about their victories in these absurd arrest competitions on social media, continually reaffirming to all Loveland police officers that DUI arrests are valued over all else, especially citizens constitutional rights., LPD has obtained hundreds of thousands of dollars of grant funding for themselves as a result of their DUI arrest numbers, the complaint said. RM W79EWX - Feldjger, the military police of the Bundeswehr, Germany's armed forces. Police video shows officers joking about violent arrest of Colorado 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. "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. 9NEWS is not naming the witness because he is not being accused of a crime. Following the footage of the arrest the video stated that the event was reviewed by LPD chain of command and deemed reasonable and justified.. But the fact that it doesnt tells the whole story. Colorado Police Officer Sued for 'Recklessly' Shooting Family Dog The lawsuit states that Officers Wood and Dunlap slammed her into the concrete stairway outside the home and pushed her against a brick wall. 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. The city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. All rights reserved. In their motion to dismiss, the defendants submitted a police affidavit in support of Talmadge's arrest from July 6. "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. Ex-Loveland police officer pleads guilty to felony assault for 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 bet at this point Loveland wishes each of these events could involve the same officers, she said. Get browser notifications for breaking news, live events, and exclusive reporting. You can be in the know right alongside Colorados political insiders. 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. The city, in turn, has announced it will re-hire consulting company Jensen Hughes to investigate the incident. Example video title will go here for this video. $300K seems really low given the cost of the medical treatment and pain and suffereing. 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