January 27, 2021 / 4:46 PM led to a $3 million settlement last year. Thank you for visiting. ), First published on January 27, 2021 / 4:46 PM. Another person, identified as K.S., was pulled over by Gates Sept. 30, 2019. The biggest threat to the safety of the Loveland community is - and continues to be - the Loveland Police Department itself. Sady Swanson covers public safety, K-12 education and more throughout Northern Colorado. While the original complaint totaled 15 pages, the amended complaint was filed at four times larger, coming in at 62 pages of information, allegation and claims for relief. The citys statement that it was hiring the consulting firm came after attorney Sarah Schielke filed a lawsuit against the city over the ordeal involving the girl, her father and their dog. That 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. Member subscribers also receive the weekly print edition of our award-winning newspaper, containing outstanding features and news stories, in their mailboxes every Saturday. Don't knowingly lie about anyone 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.. COLORADO DOCUMENTARY PROJECT Speak out! You know, it's just, it's horrifying, terrifying, Siers said in an interview Wednesday. / CBS 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. In their motion to dismiss, the defendants submitted a police affidavit in support of Talmadge's arrest from July 6. The suit says the girl suffered cuts, scrapes, bruises and a concussion during the ordeal. 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. While all cases referred to each person only with initials and no full names, stories mirrored what Elias went through in early 2020. 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. Mr. Siers and his lawyer said they would not accept a settlement and expected to take the case to a jury. 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.. Following this, the suit claims that Sychla shoved Siers backward several times, with Siers eventually scrambling away into a parking space in front of the residence. Were stuck on Groundhog Day, basically, she said. When S.S. admitted to them that she had slapped the boy, Officer Wood said that she was under arrest, the lawsuit states. 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. 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. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. 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. Schielke said this incident along with others in the past show that there is a theme of issues within department leadership. 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. The city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. 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. In the suit, Schielke is asking for declaratory and injunctive relief, compensatory, punitive or exemplary damages, and attorneys fees and costs. 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. After S.S. came out and began talking with the officers, she eventually admitted to slapping Hall earlier that day the video accompanying the suit claims their body-worn cameras were muted for much of this discussion. They were both also making their very own wrongful DUI arrests during this time. had 6 out of 6 clues of impairment and he blew a 0.042% on a preliminary breath test; he was arrested for DUI. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. The release added the findings from this review will be made public when the investigation is completed. This is not a bad apples event, it is the whole tree.. Austin Hopp, the officer who threw Ms. Garner, pleaded guilty to assaulting her in March and was sentenced to five years in prison. The federal lawsuit, filed in U.S. District Court, alleged Sowls' First, Fourth and Fourteenth Amendments were violated, according to a news release fromSchielke. 2023 www.coloradoan.com. Notifications can be turned off anytime in the browser settings. The suit claims that during this, S.S. hit her head more than once, ultimately causing a concussion. 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. Sowl's arrest in September 2019 was capturedon body camera footage, released by Sowl's attorney Sarah Schielke. The. 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. "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. The officers then approached Mr. Siers and asked him to stop resisting, according to the body camera footage. Example video title will go here for this video. "Any complaint leveled against our personnel is taken seriously," the department said in a statement. 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.. Skippy can be seen in the video trying to pull its way over to him. He submitted to another breath test at the station on a certified Intoxilyzer machine and blew a 0.028%. 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. According to the report of an internal. Chief Ticer and Sergeant Hill did not care about these poor innocent people Gates was victimizing without consequence, the complaint said. 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. Talmadge allegedly told responding officers what had happened and they left. The lawsuit alleged that Sowl declined to provide more information when asked and was injured while being detained. Schielke filed a 52-page lawsuit Wednesday accusing Officer Hopp, Officer Daria Jalali, Sgt. Our website features subscriber-only news stories daily, designed for public policy arena professionals. Don't Threaten. Secure your subscription to Colorados premier political news journal, in continuous publication since 1898. Both the Garner and Sowl cases were brought to light through Schielke and the Life and Liberty Law Office. 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 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. I was mad. Sowls arrest in September 2019 was capturedon body camera footage, released by Sowls attorney Sarah Schielke. The roommate then exited the house and Talmadge soon received a call from police asking him to step outside. You know, I dont know quite what, but some kind of change. Siers was also arrested for investigation of obstructing a peace officer and resisting arrest, but the district attorneys office also dismissed those charges. This is not the first time the department has faced an excessive use of force lawsuit for actions of its officers. 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.. Watching my daughter go through this, I mean, I was terrified, Mr. Siers said by phone on Thursday. 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. That night Gates pulled Elias over in Fort Collins and, ultimately, Gates arrested Elias for DUI. When the officers arrived, the suit says, Siers was found in front of the house working on S.S.s bike. The boy, who denied that he cheated, declined to press charges, according to body camera footage of him speaking with the officers, which was released Wednesday by the familys lawyer, Sarah Schielke. Police are strengthening their checks of motorcycles and mopeds at the start of spring. 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.. U.S. Magistrate Judge Scott T. Varholak noted that Talmadge had failed to allege which officers did what, meaning his excessive force claim was not viable under the law. Another officer, according to Talmadge, slammed him to the ground where his "head bounced off the concrete." Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. Give Light and the People Will Find Their Own Way, brought in to assess the Loveland Police Department. Email notifications are only sent once a day, and only if there are new matching items. One of them, a Jack Russell terrier, started barking at the officers when they were trying to get the daughter into handcuffs. "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. 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. Best practices in law enforcement will be maintained and we are committed to accountability if those standards are not upheld, he said. 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. Time for the same rules to apply to police, https://www.coloradoan.com/story/news/2021/01/28/loveland-police-settle-excessive-force-lawsuit-290-k/4294396001/, This cops are always repeat offenders and they keep getting assigned to patrolling citizens, Good. An internal review determined the officer was not justified in arresting a witness who refused to answer his questions. It also included that 1,352 of the drivers he pulled over 84% of his stops were let off with just a warning. By Elise Schmelzer | PUBLISHED: March 2, 2022 at 3:24 p.m. | UPDATED: March 2, 2022 at 3:26 p.m. Two officers Dunlap and Wood responded and spoke to the girl and young man, as well as other witnesses. Once in the driveway, an unidentified officer reportedly told Talmadge to face the garage, prompting Talmadge to ask if he was under arrest. I've never been in a situation quite like that before, Siers said. 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. 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. 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. According to the lawsuit, when Siers got home after work he noticed all the missed calls and voicemails from officers who said they wanted to talk with his daughter. 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. 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. Something like "Redefine the Police" might have been better. 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. Officer Paul Ashe detained Preston Sowl after Sowl refused to answer his questions about a motorcycle crash Sowl witnessed outside a Loveland bar Sept. 22, 2019. The city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. 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. Thank you for your interest in the Loveland Police Department. 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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. 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. This included slamming her body and limbs down into concrete multiples times, the lawsuit says. 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. 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. 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. 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. Karen Garner suffered a dislocated shoulder, fractured arm and sprained wrist after she was slammed to the ground and hogtied during a June 26 arrest, according to a federal lawsuit. 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. 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. PLEASE TURN OFF YOUR CAPS LOCK. 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. 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. "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.". Keep it Clean. The Loveland City Attorney's Office did not respond to a request for comment as of Thursday afternoon. 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. 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 Loveland Reporter-Herald reports Preston Sowl claimed the officers violated his constitutional rights by detaining and injuring him after he declined to talk to them while at the scene of an accident in September 2019.

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