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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. That night Gates pulled Elias over in Fort Collins and, ultimately, Gates arrested Elias for DUI. The case was settled for $290,000, City Attorney Moses Garcia said. Schielke filed a 52-page lawsuit Wednesday accusing Officer Hopp, Officer Daria Jalali, Sgt. 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. https://www.reporterherald.com/2020/06/22/man-sues-loveland-police-department-alleging-excessive-force/?fbclid=IwAR1nA4PCQglIk6_WZnOrE2Hy6S3zGZ5L5-sxQFW2_D4aHA1QedY48JlaYu0, https://pmatep5f7b.execute-api.us-east-1.amazonaws.com/ProdStage. The. PLEASE TURN OFF YOUR CAPS LOCK. Be Proactive. accounts, the history behind an article. The suit claims that S.S. believed Hall had been cheating on her, so she summoned up the courage to confront him. During this interaction, the suit says, she demanded he return several items of her property and, after he said they had never been dating so he wasnt actually cheating on her, she slapped him and left on her bike, sobbing. 2001 - 2023 Democratic Underground, LLC. 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. Talmadge's roommate continued to remain in the home, allegedly telling Talmadge: "You will leave before I do.". 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 . 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. Want the real scoop? 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. Sowl was cited with obstructing a peace officer and resisting arrest, but the charges were later dropped. Another officer, according to Talmadge, slammed him to the ground where his "head bounced off the concrete." Get browser notifications for breaking news, live events, and exclusive reporting. Nicole Yost, a spokeswoman for the city of Loveland, said she did not know who was representing the officers. In the suit, Schielke is asking for declaratory and injunctive relief, compensatory, punitive or exemplary damages, and attorneys fees and costs. 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. 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. They have used this funding to buy themselves more equipment and hire more officers. The incident drew interest from nearby residents resulting in someone calling the LPD. 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. One of them, a Jack Russell terrier, started barking at the officers when they were trying to get the daughter into handcuffs. Following multiple pleas from Siers to put the dogs inside, Sychla can be seen approaching Skippy and picking him up by the leash and carrying him toward the door, dangling several feet above the ground by his neck. The Loveland City Attorney's Office did not respond to a request for comment as of Thursday afternoon. 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. Something like "Redefine the Police" might have been better. They had yelled at each other, which caused someone to call the police, according to the lawsuit. They treat people like animals. Police were . This is not a bad apples event, it is the whole tree.. Sowl's arrest in September 2019 was capturedon body camera footage, released by Sowl's attorney Sarah Schielke. 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. 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. Mr. Siers said his daughter had nightmares for months. 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. 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. She had been dating 18-year-old Elijah Hall and, around lunchtime on June 20, 2020, she rode her bike to the nearby Safeway where she found Hall with another woman. Talmadge allegedly told responding officers what had happened and they left. 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. Shes a good kid.. We'd love to hear eyewitness By law, if I see an OSHA violation and fail to act,I can be held personally responsible. 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. 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 they slammed the 14-year-old onto concrete, fired a Taser at him and choked the familys Jack Russell terrier. 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. And why would they? The complaint claims Gates said he could smell alcohol coming from the vehicle and that K.S. 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. Best practices in law enforcement will be maintained and we are committed to accountability if those standards are not upheld, he said. Following Schielkes early Wednesday release, the city published its own response to the event, stating that it will have Jensen Hughes conduct an independent investigation of the incident. Four officers were there in total, the lawsuit states. A civil lawsuit was filed against the Loveland Police Department and City of Loveland after a police officer shot a couple's 14-month-old dog. 2023 CBS Broadcasting Inc. All Rights Reserved. arrested him for refusing to answer questions as a witness about a motorcycle crash outside a Loveland bar Sept. 22,2019. 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 video below is police bodycam footage from the incident. Our website features subscriber-only news stories daily, designed for public policy arena professionals. 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. Siers was also arrested for investigation of obstructing a peace officer and resisting arrest, but the district attorneys office also dismissed those charges. 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.. RM W79EWX - Feldjger, the military police of the Bundeswehr, Germany's armed forces. 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. 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. She begged the officers to let her grab a tampon, but they told her no, causing her to flail and then collapse on the ground in tears, the lawsuit states. 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. Don't knowingly lie about anyone The officers then approached Mr. Siers and asked him to stop resisting, according to the body camera footage. 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. DENVER OK is your Colorado news, entertainment, music & fashion website. S.S. can then be heard yelling that she needs to get a tampon, body camera footage shows. ), First published on January 27, 2021 / 4:46 PM. 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. He submitted to another breath test at the station on a certified Intoxilyzer machine and blew a 0.028%. 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. 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. January 27, 2021 / 4:46 PM ( Copyright 2021 The Associated Press. Schielke said this incident along with others in the past show that there is a theme of issues within department leadership. 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Loveland Police Department officers Jeremiah Wood and Evan Dunlap arrest a 14-year-old girl in Loveland in June of 2020. 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.. 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 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. 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. 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. The Loveland Police Department was hit with many negative headlines related to the rough arrest of Karen Garner, a 73-year-old suffering from dementia who's only five feet tall and weighs. 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. At one point in the interaction, Sowl can be heard telling Ashe, I dont know what happened. 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. 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. 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. The city said the findings of the latest review will be made public once it is complete. Garner's arrest drew national attention after body camera footage released by her family's lawyer showed former Loveland Police Department officer Austin Hopp forcibly detain the then. 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 city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. Don't Threaten. 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. The roof of a police patrol car at night, with the blue and red lights flashing. Two officers Dunlap and Wood responded and spoke to the girl and young man, as well as other witnesses. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. 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.. It also includes a post from Overcash in February of 2021 congratulating two of the three officers involved in the incident for receiving awards from the department for actions in 2020, with Dunlap and Wood each receiving an Exemplary Action Ribbon for an undescribed reason. The next thing Talmadge recalled was being at the hospital. But instead of allowing that, Officer Sychla shoved Siers, according to the lawsuit. Schielke and Sowl were not able to answer any additional questions about the settlementdue to the agreement with Loveland, according to the news release. In a news release and in discussions with the Reporter-Herald, Schielke described the arrest as senseless and needless violence. 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. According to the report of an internal affair, the Loveland Police Department (LPD) responded to a report of a motorcycle crash that turned out to be a rider who had lost his balance while stopped. You know, I dont know quite what, but some kind of change. 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. 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.