By Keith Coffman. On June 20, 2020, S.S. bicycled back to her fathers home, heartbroken over the confrontation she had with the boy hours earlier. Talmadge allegedly told responding officers what had happened and they left. RM D5WCP3 - A police officer stops cars at a special checkpoint in Berlin, Germany, 09 April 2013. When the officers arrived, the suit says, Siers was found in front of the house working on S.S.s bike. The vast majority of cases named in the complaint also say the charges were dismissed. Last year, the city of Loveland paid a $3 million settlement to the woman, Karen Garner. Sowls arrest in September 2019 was capturedon body camera footage, released by Sowls attorney Sarah Schielke. 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 . 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. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. The city said Ashe violated three department policies and procedures:. In the suit, Schielke is asking for declaratory and injunctive relief, compensatory, punitive or exemplary damages, and attorneys fees and costs. 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. 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.. 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. 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. 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. "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. They treat people like animals. 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. Following the footage of the arrest the video stated that the event was reviewed by LPD chain of command and deemed reasonable and justified.. 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. Let there be no mistake: Loveland is not a safe place for children. 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.. 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 report said Officer Paul Ashe asked a witness what happened, and the witness told him where the motorcycle was and said he had helped pull the motorcycle off the rider. Sowl's arrest in September 2019 was capturedon body camera footage, released by Sowl's attorney Sarah Schielke. They were both also making their very own wrongful DUI arrests during this time. 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. 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. arrested him for refusing to answer questions as a witness about a motorcycle crash outside a Loveland bar Sept. 22,2019. The suit adds that, per LPD policy on handcuffing, people 14 or younger should not be restrained unless they are suspected of a dangerous felony.. 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 of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. Siers had his two dogs outside on leashes at the home, according to the suit. Loveland Police Department officers Jeremiah Wood and Evan Dunlap arrest a 14-year-old girl in Loveland in June of 2020. Police. 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. Two officers Dunlap and Wood responded and spoke to the girl and young man, as well as other witnesses. DENVER OK is your Colorado news, entertainment, music & fashion website. 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. His attorney says the injury required Sowl to undergo shoulder replacement surgery. 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. Ashe arrested Sowl for obstruction of justice and resisting arrest, but the 8th Judicial District Attorneys Office dismissed the charges, according to the lawsuit. 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. This material may not be published, broadcast, rewritten or redistributed. 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. They hurt families and destroy lives, Schielke said in a statement. I was scared. You have permission to edit this article. Sady Swanson covers public safety, K-12 education and more throughout Northern Colorado. or anything. 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. 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. The city said the findings of the latest review will be made public once it is complete. 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. 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. RM W79EWX - Feldjger, the military police of the Bundeswehr, Germany's armed forces. 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. 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. While both Siers and S.S. can be heard screaming to not choke my dog, Sychla responds by saying he is a K-9 officer. 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. 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. Notifications can be turned off anytime in the browser settings. Secure your subscription to Colorados premier political news journal, in continuous publication since 1898. Beyond excessive use of force incidents, the department has faced scrutiny for several other incidents, including the shooting and killing of a 19-year-old boy in 2021 and a dog in 2019, as well as criticism over alleged wrongful DUI arrests. They have used this funding to buy themselves more equipment and hire more officers. Watching my daughter go through this, I mean, I was terrified, Mr. Siers said by phone on Thursday. Austin Hopp, the officer who threw Ms. Garner, pleaded guilty to assaulting her in March and was sentenced to five years in prison. I bet at this point Loveland wishes each of these events could involve the same officers, she said. 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. "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.". After going through roadside tests Hill arrested Dutka and took her for a blood test. 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.. 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. Best practices in law enforcement will be maintained and we are committed to accountability if those standards are not upheld, he said. Schielke said she filed Elias original complaint quickly as to avoid the statute of limitations closing. Dutka, an active duty military member, was driving a rental car and did not realize a headlight was out. 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. Ashe detained Sowl for not answering his questions, twisting his arm behind his back and pushing his face into the ground. The lawsuit claims Sychla arrested Siers without a warrant and used excessive force against him, and violated the Dog Protection Act when he allegedly choked the dog. The. Member subscribers also receive the weekly print edition of our award-winning newspaper, containing outstanding features and news stories, in their mailboxes every Saturday. 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. 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. It was unclear if the officers had lawyers, and the Loveland Police Department did not immediately respond to calls seeking comment on Thursday. 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. In an image taken from police body camera video, a 14-year-old girl is arrested at her home in Loveland, Colo., in 2020. The officers then approached Mr. Siers and asked him to stop resisting, according to the body camera footage. 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. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. 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. Another officer, according to Talmadge, slammed him to the ground where his "head bounced off the concrete." 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. 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. Loveland Police Officer Resorts to Excessive Force In Ticer's presentation to the. Mr. Siers then asked the officers to stop, saying she was just a child. Our website features subscriber-only news stories daily, designed for public policy arena professionals. Don't Threaten. But instead of allowing that, Officer Sychla shoved Siers, according to the lawsuit. She said that without someone standing up to call out the pattern of violent conduct and complete disrespect for this community, nothing is going to change. 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. 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. Schielke filed a 52-page lawsuit Wednesday accusing Officer Hopp, Officer Daria Jalali, Sgt. Excessive force lawsuit filed against Loveland police settled for $290K 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 need you. 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. At one point in the interaction, Sowl can be heard telling Ashe, "I don't know what happened. As for the claim of unlawful arrest, Varholak explained that the U.S. Supreme Court's decision inHeck v. Humphreyprevents criminal defendants from suing for monetary damages over unconstitutional imprisonment unless their conviction is overturned. 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. Mr. Siers was later charged with resisting arrest; his daughter was charged with harassment, domestic violence, obstruction and resisting arrest. 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. Copyright 2022 Scripps Media, Inc. All rights reserved. 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. The next thing Talmadge recalled was being at the hospital. She said, at the time, her records requests were not being fulfilled quickly enough to file before time ran out. 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. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. Living at Kimberly Court can seem like living in the most convenient location in Boulder. All rights reserved. Schielke also said she wanted to ensure the officers who were involved were held accountable and forced to change.. 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. All Rights Reserved. One of them, a Jack Russell terrier, started barking at the officers when they were trying to get the daughter into handcuffs. MORE COVERAGE:NISP opponents sue Larimer County commissioners over permit approval. When S.S. admitted to them that she had slapped the boy, Officer Wood said that she was under arrest, the lawsuit states. By Elise Schmelzer | PUBLISHED: March 2, 2022 at 3:24 p.m. | UPDATED: March 2, 2022 at 3:26 p.m. I was helpless. The officers asked him to call his daughter outside, saying they just wanted to talk to her. Im not talking to nobody.. All the investigation and work we were putting in to get a peek at the tip of the iceberg was taking forever, she said. His two dogs Montana, a chihuahua, and Skippy, a Jack Russell terrier were on long leashes outside the house. Another person, identified as K.S., was pulled over by Gates Sept. 30, 2019. 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. I feel that there needs to be a change in law enforcement, Mr. Siers said. Nicole Yost, a spokeswoman for the city of Loveland, said she did not know who was representing the officers. led to a $3 million settlement last year. In a news release and in discussions with the Reporter-Herald, Schielke described the arrest as senseless and needless violence. The case was settled for $290,000, City Attorney Moses Garcia said. Police were . $300K seems really low given the cost of the medical treatment and pain and suffereing. "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. 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. The lawsuit alleged that Sowl declined to provide more information when asked and was injured while being detained. The state's second-highest court on Thursday overturned a man's conviction for disarming a police officer, determining that Colorado law does . 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. According to the suit, the event caused emotional and physical trauma to not only Siers and S.S. but also Skippy. Get an email notification whenever someone contributes to the discussion. All rights reserved. Mr. Siers said his daughter had nightmares for months. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. Be Nice. Schielke, of the Life and Liberty Law Office, filed the original complaint in January, claiming Fort Collins resident Harris Elias was wrongfully arrested by LPD officer William Gates in early 2020 for DUI. The accident turned out to be a man losing his balance on his motorcycle and falling over. The lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. 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. 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. 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. Chief Ticer and Sergeant Hill did not care about these poor innocent people Gates was victimizing without consequence, the complaint said. Sychla handcuffed Siers, who was still pleading to have officers let him take his dog inside. This is not the first time the department has faced an excessive use of force lawsuit for actions of its officers. The roof of a police patrol car at night, with the blue and red lights flashing. Be Truthful. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. 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. 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. Photo: Paul Zinken. 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. January 27, 2021 / 4:46 PM The attorney representing Karen Garner and her family released a video Monday of officers discussing and joking about injuring Garner after her arrest. 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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. Want the real scoop? Phil Metzler, have been. An internal review determined the officer was not justified in arresting a witness who refused to answer his questions. (Courtesy of the Life and Liberty Law Office) The suit adds that, per. 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. 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The release added the findings from this review will be made public when the investigation is completed. 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. The amended complaint, which Schielke filed to the United States District Court in Denver Thursday, has the same three claims but comes with several notable additions, including naming Sgt.
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