When they discovered that neither Siers nor his daughter were home, they left. The defendants asked Varholak to dismiss the lawsuit because of Talmadge's successful criminal prosecution and because he neglected to describe the actions each officer took to allegedly harm him. 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. Notifications can be turned off anytime in the browser settings. In the suit, Schielke is asking for declaratory and injunctive relief, compensatory, punitive or exemplary damages, and attorneys fees and costs. 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 . DENVER OK is your Colorado news, entertainment, music & fashion website. Example video title will go here for this video. 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. NISP opponents sue Larimer County commissioners over permit approval, Your California Privacy Rights / Privacy Policy. COLORADO DOCUMENTARY PROJECT Speak out! Sychla handcuffed Siers, who was still pleading to have officers let him take his dog inside. Schielke and Sowl were not able to answer any additional questions about the settlementdue to the agreement with Loveland, according to the news release. The video below is police bodycam footage from the incident. 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. 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. Sady Swanson covers public safety, criminal justice, Larimer County governmentand more throughout Northern Colorado. 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. "Any complaint leveled against our personnel is taken seriously," the department said in a statement. person will not be tolerated. Im a canine officer, dude.. 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. 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. 'Ready for the pop?': Colorado police officer joked about excessive 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. At one point in the interaction, Sowl can be heard telling Ashe, "I don't know what happened. The suit says the girl suffered cuts, scrapes, bruises and a concussion during the ordeal. 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. The city, in response, said it will conduct an independent review and maintained that it is committed to accountability. The case was settled for $290,000, City Attorney Moses Garcia said. You know, it's just, it's horrifying, terrifying, Siers said in an interview Wednesday. Two officers Dunlap and Wood responded and spoke to the girl and young man, as well as other witnesses. Clint Schnorrand Sgt. His two dogs Montana, a chihuahua, and Skippy, a Jack Russell terrier were on long leashes outside the house. But instead of allowing that, Officer Sychla shoved Siers, according to the lawsuit. Karen Garner arrest: Video shows Colorado police officers - CNN 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 . 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Ashe detained Sowl for not answering his questions, twisting his arm behind his back and pushing his face into the ground. This is not the first time the department has faced an excessive use of force lawsuit for actions of its officers. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. Ashe arrested Sowl for obstruction of justice and resisting arrest, but the 8th Judicial District Attorneys Office dismissed the charges, according to the lawsuit. Sowl said he needed shoulder replacement surgery after the incident. Mr. Siers and his lawyer said they would not accept a settlement and expected to take the case to a jury. Siers was also arrested for investigation of obstructing a peace officer and resisting arrest, but the district attorneys office also dismissed those charges. Schielke also said she wanted to ensure the officers who were involved were held accountable and forced to change.. According to the complaint, the arrest destroyed her life, derailing her military career as she was not able to be deployed until her case was resolved, and devastated her marriage. Two months later, the complaint said, her blood results came back with a BAC of 0.02% and the case was dismissed. The civil lawsuit alleges Loveland police officer William Gates falsely arrested Harris Elias on suspicion of DUI while driving in midtown Fort . Colorado Portal and News | Denverok.com, Colorado Portal | News | Classifieds | Cars. Police were . Threats of harming another 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. 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. 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. 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. 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. 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. The city said the findings of the latest review will be made public once it is complete. An excessive force lawsuit filed against the Loveland Police Department has been settled for nearly $300,000. Another person, identified as K.S., was pulled over by Gates Sept. 30, 2019. I was mad. 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.. Thank you for your interest in the Loveland Police Department. 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. 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. The state's second-highest court on Thursday overturned a man's conviction for disarming a police officer, determining that Colorado law does . "Mr. Talmadge was minding his own business, and did not pose a danger to himself or others," Talmadge wrote in his complaint. By law, if I see an OSHA violation and fail to act,I can be held personally responsible. 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. arrested him for refusing to answer questions as a witness about a motorcycle crash outside a Loveland bar Sept. 22,2019. Loveland Police officers sued after arrest of teen, tasing of father 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. 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. Don't knowingly lie about anyone Colorado Politics is published both in print and online. Officers Wood and Dunlap, who had asked for backup, arrived outside Mr. Sierss home later that day and asked to speak with his daughter. We provide you with the latest news and videos straight from the Mile High City! Whether movers in Fort Collins are helping you Austin Fleskes joined the Reporter-Herald team in August 2020 as the newsroom's public safety reporter. Sowls arrest in September 2019 was capturedon body camera footage, released by Sowls attorney Sarah Schielke. 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. 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. It was unclear if the officers had lawyers, and the Loveland Police Department did not immediately respond to calls seeking comment on Thursday. The incident drew interest from nearby residents resulting in someone calling the LPD. The complaint goes on to say that Ticer and the LPD had a history of giving awards and recognition for high DUI arrests, including reporting the arrest numbers to agencies like Mothers Against Drunk Driving. The city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. 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 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. Let there be no mistake: Loveland is not a safe place for children. Mr. Siers then asked the officers to stop, saying she was just a child. 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. He also added that Skippy had bitten one of the officers involved. Last year, the city of Loveland paid a $3 million settlement to the woman, Karen Garner. Schielke said this incident along with others in the past show that there is a theme of issues within department leadership. 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. 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. The release by Loveland corroborated Schielkes claims, stating that more than a month ago an attorney representing the family involved made a request to settle the claims with a four-day time frame to pay for damages, which the city declined. Loveland Police Officer Resorts to Excessive Force 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. Keep it Clean. 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. Three Colorado police officers 'no longer employed' after arrest of 73 Hill said she could smell alcohol in Dutkas vehicle, which Dutka explained was due to a drunk friend whom she had driven home. 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. Share with Us. 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 roof of a police patrol car at night, with the blue and red lights flashing. Siers had his two dogs outside on leashes at the home, according to the suit. The City of Loveland is paying out $290,000 dollars to settle a lawsuit over the wrongful arrest of a man in September 2019, the man's attorney said. After going through roadside tests Hill arrested Dutka and took her for a blood test. 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. but it can also be stressful. 9NEWS is not naming the witness because he is not being accused of a crime. The first roughly 21 pages share Elias story of his arrest the night of Jan. 4, 2020. Schielke said the names used in the suit were gained from a records request made to the LPD and, out of respect for each persons privacy, she did not include their full names with the exception of one person. He called them back, and officers came back to his home while he was outside working on his daughters bike. Get an email notification whenever someone contributes to the discussion. Mr. Siers was later charged with resisting arrest; his daughter was charged with harassment, domestic violence, obstruction and resisting arrest. 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. 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. Email notifications are only sent once a day, and only if there are new matching items. All rights reserved. According to the Associated Press, Garcia said the settlement states the city and officers do not admit any guilt in this case. ( Copyright 2021 The Associated Press. We ask the public to keep an open mind as we deal with claims that will ultimately be addressed in a court of law., The statement added that this is too important an issue for the health and safety of our community to ignore.. The city did not pay the demanded amount and the attorney subsequently released an edited version of the body-camera video to the public, the city said in a news release. 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 complaint, Emily Dutka, who had previously gone public about her arrest, was pulled over by Hill in May of 2020. 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. The complaint claims Gates said he could smell alcohol coming from the vehicle and that K.S. 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. 2001 - 2023 Democratic Underground, LLC. led to a $3 million settlement last year. 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. As Siers continued to try to get the dog, Sychla failed to put Siers into an arm hold and pushed him to the ground, then pushed him again, the suit says. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. 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Your California Privacy Rights / Privacy Policy. 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. 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. The lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. Lawsuits pile up at Loveland Police Department | FOX31 Denver Ashe twisted Sowls arm behind his back and pushed his face into the ground, according to a civil rights lawsuit. 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 city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. This material may not be published, broadcast, rewritten or redistributed. 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. The. Loveland resident Pretson Sowl filed the lawsuit against the city of Loveland, Loveland Police Department and Loveland police officers Paul Ashe andBenjamin DeLima, Det. 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. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. He called his daughter out of the house, and according to the lawsuit, Officer Wood started to arrest his daughter as soon as she admitted to slapping the 18-year-old, which the suit says went against LPD policy of not arresting children 14 and under unless they are believed to have committed a dangerous felony.. 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.. 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. 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. 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. Brian Bartnes. 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. 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. update. the good samaritan who was beat up by cops awarded $290K City of Loveland reaches settlement in arrest lawsuit | 9news.com Sowl's arrest in September 2019 was capturedon body camera footage, released by Sowl's attorney Sarah Schielke. Woman with dementia sues city of Loveland, police officers - CNN Nicole Yost, a spokeswoman for the city of Loveland, said she did not know who was representing the officers. I was getting my dog, Siers can be heard screaming in the video. 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.
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