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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. We'd love to hear eyewitness This, she said, is something she hopes is exposed and ultimately ended. The. Sowl's arrest was captured on body camera footage. The back-to-back violent arrests point to a toxic cultural problem that cant be resolved by cherry-picking off the officer, Ms. Schielke said. 9NEWS is not naming the witness because he is not being accused of a crime. NISP opponents sue Larimer County commissioners over permit approval, Your California Privacy Rights / Privacy Policy. I was getting my dog, Siers can be heard screaming in the video. 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. 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. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. I'm not talking to nobody.". The suit says the girl suffered cuts, scrapes, bruises and a concussion during the ordeal. 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. She pretty much sticks to herself, stays at home, stays out of trouble, he said. By Elise Schmelzer | PUBLISHED: March 2, 2022 at 3:24 p.m. | UPDATED: March 2, 2022 at 3:26 p.m. 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. The video below is police bodycam footage from the incident. 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. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. Last year, the city of Loveland paid a $3 million settlement to the woman, Karen Garner. You can be in the know right alongside Colorados political insiders. had 6 out of 6 clues of impairment and he blew a 0.042% on a preliminary breath test; he was arrested for DUI. / CBS Colorado. The city hired Jensen Hughes in 2021 to lead an independent investigation into the departments policies and procedures following the release of information about Garners arrest. S.S. can then be heard yelling that she needs to get a tampon, body camera footage shows. The arrest startled her father, Jon Siers, who repeatedly told the officers that what they were doing was completely wrong, the lawsuit states. And why would they? The first roughly 21 pages share Elias story of his arrest the night of Jan. 4, 2020. 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.. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. 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.. 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. 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. 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. The suit claims that during this, S.S. hit her head more than once, ultimately causing a concussion. Schielke also said she wanted to ensure the officers who were involved were held accountable and forced to change.. During this, the suit claims, S.S. began screaming while suffering from a panic attack. 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. or anything. 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. He told her they were not in a relationship, according to the suit, and the girl got upset and slapped him. Colorado Supreme Court ruling makes more police internal investigations accessible. 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. 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. A blood test also later showed no impairing substances and the District Attorneys office dismissed the DUI charges, the complaint claims. He submitted to another breath test at the station on a certified Intoxilyzer machine and blew a 0.028%. 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. 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. Siers was also arrested for investigation of obstructing a peace officer and resisting arrest, but the district attorneys office also dismissed those charges. By Keith Coffman. While all cases referred to each person only with initials and no full names, stories mirrored what Elias went through in early 2020. "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. Players given Kratom by Colorado coach, police say, Skier Shiffrin's quest for 86th win extended after downhill, 77 inches of snow fall at Colorado ski area in 9 days, City of Loveland chooses firm to conduct independent review after arrest of Karen Garner, Former Loveland officer faces assault charge, accused of writing inaccurate reports related to Karen Garner's arrest, Karen Garner's family feels more 'concern than relief' after charges announced against officers, Policy 1.02: Limits of Authority and Exercise of Discretion. 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. Colorado Politics is published both in print and online. 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. 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. He called them back, and officers came back to his home while he was outside working on his daughters bike. Loveland Police Department is located at 810 E 10th Street, Loveland, CO 80537 map Lobby hours: Monday through Friday 8am-5pm The LPD lobby is a safe place for online sales transactions and custody exchanges. 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. Best practices in law enforcement will be maintained and we are committed to accountability if those standards are not upheld, he said. 2023 www.coloradoan.com. When S.S. admitted to them that she had slapped the boy, Officer Wood said that she was under arrest, the lawsuit states. 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. 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. 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. 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. His two dogs Montana, a chihuahua, and Skippy, a Jack Russell terrier were on long leashes outside the house. Sowls arrest in September 2019 was capturedon body camera footage, released by Sowls attorney Sarah Schielke. The city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. To always use Standard format on my mobile device: Go to My Account, About | Copyright | Privacy | Terms of service | Contact. In that video, Sychla can be heard explaining to Siers why he used force, explaining he wasnt sure what the Siers intentions were. 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 case was settled for $290,000, City Attorney Moses Garcia said. As with previous cases Schielke has brought forth, the newest case against the department came not only with a written description in the lawsuit itself but also with a YouTube video providing both body-worn camera and security camera footage of the incident. I was scared. 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. In a news release and in discussions with the Reporter-Herald, Schielke described the arrest as senseless and needless violence. Sady Swanson covers public safety, criminal justice, Larimer County governmentand more throughout Northern Colorado. The citys statement that it was hiring the consulting firm came after attorney Sarah Schielke filed a lawsuit against the city over the ordeal involving the girl, her father and their dog. The investigation offered a positive review on many of the departments policies and practices along with critiques on how to improve in the areas in which it was lacking. 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 . 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. I am a first responder. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. Colorado Portal and News | Denverok.com, Colorado Portal | News | Classifieds | Cars. "Any complaint leveled against our personnel is taken seriously," the department said in a statement. that is degrading to another person. This is not a bad apples event, it is the whole tree.. 2023 CBS Broadcasting Inc. All Rights Reserved. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. MORE COVERAGE:NISP opponents sue Larimer County commissioners over permit approval. 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. She said, at the time, her records requests were not being fulfilled quickly enough to file before time ran out. COLORADO DOCUMENTARY PROJECT Speak out! Shes a good kid.. "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.". 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.. 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. This includes several pictures of Facebook posts showing Gates or Hill being awarded for their DUI enforcement work. They treat people like animals. I felt helpless just watching them manhandle my daughter the way they did.. 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. Notifications can be turned off anytime in the browser settings. 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. All rights reserved. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. 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. "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. We need you. 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. According to a complaint filed Monday in U.S. District Court in Denver on behalf of Preston Sowl, 60, by attorney Sarah Schielke, Sowl and his wife were leaving Charlie L's Pub with some friends on. The city said Ashe violated three department policies and procedures:. Were not (going to) shoot your dog; knock it off, Sychla can be heard saying. Sowl said he needed shoulder replacement surgery after the incident. 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. 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. 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. As S.S. watched this from a few feet away, she began having a panic attack, the lawsuit states. That night Gates pulled Elias over in Fort Collins and, ultimately, Gates arrested Elias for DUI. Loveland to pay $3 million to settle lawsuit from violent arrest of 73-year-old with dementia Julia Cardi julia.cardi@gazette.com On Wednesday evening, the Lakewood Police Department said it was aware of the lawsuit. Please avoid obscene, vulgar, lewd, Photo: Paul Zinken. Austin Hopp, the officer who threw Ms. Garner, pleaded guilty to assaulting her in March and was sentenced to five years in prison. 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 guy was probably arguing unnecessarily, and probably not a liberal at all but he was right in this case. Permalink. The vast majority of cases named in the complaint also say the charges were dismissed. They hurt families and destroy lives, Schielke said in a statement. The officers then approached Mr. Siers and asked him to stop resisting, according to the body camera footage. 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. 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. Watching my daughter go through this, I mean, I was terrified, Mr. Siers said by phone on Thursday. Ashe arrested Sowl for obstruction of justice and resisting arrest, but the 8th Judicial District Attorney's Office dismissed the charges, according to the lawsuit. The 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.. Ashe arrested Sowl for obstruction of justice and resisting arrest, but the 8th Judicial District Attorneys Office dismissed the charges, according to the lawsuit. Keep it Clean. 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 . Don't Threaten. 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. Schielke filed a 52-page lawsuit Wednesday accusing Officer Hopp, Officer Daria Jalali, Sgt. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. Sowl said he needed shoulder replacement surgery after the incident, according to the lawsuit. "The city of Loveland, the family continues to anxiously await answers to any of that." Garner was arrested in June 2020 after she left a local Walmart without paying for a T-shirt, soda, candy. I need to put a tampon in, she yells, using an expletive. Be Proactive. 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 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. But instead of allowing that, Officer Sychla shoved Siers, according to the lawsuit. 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. 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. 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. 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. Share with Us. Police were . Before coming to Loveland, he graduated from Colorado State University in May 2020 with two bachelor's degrees, one in journalism and media communications and one in history. The incident drew interest from nearby residents resulting in someone calling the LPD. As a subscriber, you have 10 gift articles to give each month. Emergency medical personnel arrived, along with police officers from the Loveland Police Department. Im not talking to nobody.. They have used this funding to buy themselves more equipment and hire more officers. 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. Eventually, Sychla deployed his Taser on Siers and continued to shock him for over five seconds, the lawsuit claims. 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. Were stuck on Groundhog Day, basically, she said. The suit also claims Sychla falsified and exaggerated facts in the police report involving Siers. 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. Dutka, an active duty military member, was driving a rental car and did not realize a headlight was out. When they discovered that neither Siers nor his daughter were home, they left. 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. 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. 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. Create new account | My Profile | My Account | My Bookmarks | My Inbox | Help | Log in, Back to top Alert Link here 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. The civil lawsuit alleges Loveland police officer William Gates falsely arrested Harris Elias on suspicion of DUI while driving in midtown Fort . By: Colette Bordelon Posted at 7:17 PM, Mar 31, 2022 and last updated 6:17 PM, Mar 31, 2022 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. 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. This included slamming her body and limbs down into concrete multiples times, the lawsuit says. 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. 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. Chief Ticer and Sergeant Hill did not care about these poor innocent people Gates was victimizing without consequence, the complaint said. 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. The roof of a police patrol car at night, with the blue and red lights flashing. 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. Schielke said this incident along with others in the past show that there is a theme of issues within department leadership. Ashe twisted Sowls arm behind his back and pushed his face into the ground, according to a civil rights lawsuit. "Force is not reasonable when a suspect is non-violent, not resisting, not fleeing, or poses no threat.". 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. Email notifications are only sent once a day, and only if there are new matching items. An internal review determined the officer was not justified in arresting a witness who refused to answer his questions. 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