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. 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. RM W79EWX - Feldjger, the military police of the Bundeswehr, Germany's armed forces. At one point in the interaction, Sowl can be heard telling Ashe, "I don't know what happened. He called them back, and officers came back to his home while he was outside working on his daughters bike. The lawsuit alleged that Sowl declined to provide more information when asked and was injured while being detained. The city, in turn, has announced it will re-hire consulting company Jensen Hughes to investigate the incident. 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. Philip Metzler and the City of Loveland of excessive force and violation of the Americans With . 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. 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. RM D5WCP3 - A police officer stops cars at a special checkpoint in Berlin, Germany, 09 April 2013. This material may not be published, broadcast, rewritten or redistributed. Get on the ground, an officer yells, pointing a Taser at Mr. Siers and then firing it. This is not a bad apples event, it is the whole tree.. 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. Mr. Siers then asked the officers to stop, saying she was just a child. In Talmadge's narrative of events, he attempted to eject his roommate from his Loveland home on July 6, 2019, but the roommate refused and instead called police to the home. 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. 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. Two officers Dunlap and Wood responded and spoke to the girl and young man, as well as other witnesses. Most notably the department became the center of international attention when Schielke released information on the June 2020 arrest of Karen Garner, a case that resulted in a $3 million settlement from the city of Loveland and a five-year prison sentence for Garners arresting officer. According to the complaint, Emily Dutka, who had previously gone public about her arrest, was pulled over by Hill in May of 2020. 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. 2021 CBS Broadcasting Inc. All Rights Reserved. Four officers were there in total, the lawsuit states. I am a first responder. By law, if I see an OSHA violation and fail to act,I can be held personally responsible. And why would they? 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. 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. 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 . You know, it's just, it's horrifying, terrifying, Siers said in an interview Wednesday. Officers Dunlap and Wood the suit claims Dunlap was field-training Wood at the time responded to the scene where they located and interviewed Hall. 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. Clint Schnorrand Sgt. In their motion to dismiss, the defendants submitted a police affidavit in support of Talmadge's arrest from July 6. Defund the police was the wrong slogan. The accident turned out to be a man losing his balance on his motorcycle and falling over. 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. You can be in the know right alongside Colorados political insiders. Once in the driveway, an unidentified officer reportedly told Talmadge to face the garage, prompting Talmadge to ask if he was under arrest. I was mad. The 18-year-old man declined twice to press charges against the girl and said the slap caused him no pain, according to the lawsuit. S.S. can then be heard yelling that she needs to get a tampon, body camera footage shows. 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 three officers named in the lawsuit Matt Sychla, Jeremiah Wood and Evan Dunlap still arrested S.S. outside her home that day. Loveland is not a safe place for grandparents. Give Light and the People Will Find Their Own Way, brought in to assess the Loveland Police Department. The complaint also touches on results from the Jensen Hughes report that came out following the release of information on the 2020 arrest of Karen Garner, specifically what investigators heard in regard to the departments Data Driven Approach to Crime and Traffic Safety methods. "It 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. 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. We need you. 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. accounts, the history behind an article. 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 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.. Sowl was cited with obstructing a peace officer and resisting arrest, but the charges were later dropped. The complaint claims Gates said he could smell alcohol coming from the vehicle and that K.S. 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. The guy was probably arguing unnecessarily, and probably not a liberal at all but he was right in this case. Schielke said she filed Elias original complaint quickly as to avoid the statute of limitations closing. 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. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. 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.. "Force is not reasonable when a suspect is non-violent, not resisting, not fleeing, or poses no threat.". 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. An excessive force lawsuit filed against the Loveland Police Department has been settled for nearly $300,000. 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.. According to the report of an internal. 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. To always use Standard format on my mobile device: Go to My Account, About | Copyright | Privacy | Terms of service | Contact. person will not be tolerated. 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. They treat people like animals. I felt helpless just watching them manhandle my daughter the way they did.. A Loveland police officer violated department policy when he forcefully arrested a witness of a motorcycle crash for refusing to answer questions, the city announced in a news release last week. Talmadge's roommate reported that Talmadge assaulted him and Talmadge resisted when officers told him he was under arrest. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. A Loveland law office has filed a federal civil rights lawsuit against the Loveland Police Department and the officers involved in Garner's arrest after it allegedly caused a fractured and dislocated shoulder along with other injuries. 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. 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. According to the Associated Press, Garcia said the settlement states the city and officers do not admit any guilt in this case. 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. 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. 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. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. Photo: Paul Zinken. Schielke said this incident along with others in the past show that there is a theme of issues within department leadership. 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 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. We hope you will find useful information in the links on the left. 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. Sowl said he needed shoulder replacement surgery after the incident. RELATED: City of Loveland chooses firm to conduct independent review after arrest of Karen Garner, RELATED: Former Loveland officer faces assault charge, accused of writing inaccurate reports related to Karen Garner's arrest, RELATED: Karen Garner's family feels more 'concern than relief' after charges announced against officers. Create new account | My Profile | My Account | My Bookmarks | My Inbox | Help | Log in, Back to top Alert Link here Police. The city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. Ashe detained Sowl for not answering his questions, twisting his arm behind his back and pushing his face into the ground. Chief Ticer and Sergeant Hill did not care about these poor innocent people Gates was victimizing without consequence, the complaint said. 3 min read. 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. Talmadge allegedly told responding officers what had happened and they left. 2023 CBS Broadcasting Inc. All Rights Reserved. The department also faced an excessive use of force suit for the 2019 arrest of Preston Sowl, which was settled by the city for $290,000. 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"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 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. Sowl's arrest in September 2019 was capturedon body camera footage, released by Sowl's attorney Sarah Schielke. All rights reserved. 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. 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.. I'm not talking to nobody.". Colorado Supreme Court ruling makes more police internal investigations accessible. The suit says the girl suffered cuts, scrapes, bruises and a concussion during the ordeal. He also claimed the encounter demonstrated a "serious training issue" with the Loveland Police Department. 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. She said, at the time, her records requests were not being fulfilled quickly enough to file before time ran out. They were both also making their very own wrongful DUI arrests during this time. Mr. Siers and his lawyer said they would not accept a settlement and expected to take the case to a jury. 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. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. 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. 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. 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 . Sady Swanson covers public safety, criminal justice, Larimer County governmentand more throughout Northern Colorado. The suit claims that S.S. was arrested and charged with harassment, domestic violence, obstruction and resisting arrest while Siers was charged with obstructing a police officer and resisting arrest; the suit adds both sets of charges were eventually dismissed. During this, the suit claims, S.S. began screaming while suffering from a panic attack. 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 incident drew interest from nearby residents resulting in someone calling the LPD. 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 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. When S.S. admitted to them that she had slapped the boy, Officer Wood said that she was under arrest, the lawsuit states. MORE COVERAGE:NISP opponents sue Larimer County commissioners over permit approval. S.S. can be heard crying and yelling in the background. 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. Loveland is not a safe place for pets. The. She also represented Karen Garner and her family in that case, which led to a $3 million settlement last year. 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. 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.. Your California Privacy Rights / Privacy Policy. Thank you for visiting. The Loveland City Attorney's Office did not respond to a request for comment as of Thursday afternoon. 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. 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 lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. But instead of allowing that, Officer Sychla shoved Siers, according to the lawsuit. Emergency medical personnel arrived, along with police officers from the Loveland Police Department. 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. 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. 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. Another officer, according to Talmadge, slammed him to the ground where his "head bounced off the concrete." Loveland Police Department, via The Life & Liberty Law Office. All the investigation and work we were putting in to get a peek at the tip of the iceberg was taking forever, she said. 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. The lawsuit alleged officers violated Sowl's constitutional rights when they arrested him for refusing to answer questions as a witness about a motorcycle crash outside a Loveland bar Sept. 22,2019. The 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.