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The suit says the girl suffered cuts, scrapes, bruises and a concussion during the ordeal. The lawsuit alleges Metzler intimidated and bullied the witness and deactivated his body-worn camera during the interaction to cover up the use of excessive force. I was mad. 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 alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. 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. 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. Siers had his two dogs outside on leashes at the home, according to the suit. 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. 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. Mr. Siers then asked the officers to stop, saying she was just a child. She said, at the time, her records requests were not being fulfilled quickly enough to file before time ran out. 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. 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. The suit adds that the slap did not cause Hall injury or even leave a mark, with video showing him telling officers that it only stung. The arrest startled her father, Jon Siers, who repeatedly told the officers that what they were doing was completely wrong, the lawsuit states. Siers was also arrested for investigation of obstructing a peace officer and resisting arrest, but the district attorneys office also dismissed those charges. 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 video below is police bodycam footage from the incident. On June 20, 2020, S.S. bicycled back to her fathers home, heartbroken over the confrontation she had with the boy hours earlier. And it claims that Dunlap and Wood arrested the girl without a warrant and used excessive force. each comment to let us know of abusive posts. "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. 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. 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. Brian Bartnes. In that video, Sychla can be heard explaining to Siers why he used force, explaining he wasnt sure what the Siers intentions were. 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. S.S. can then be heard yelling that she needs to get a tampon, body camera footage shows. 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. Subscribe to Colorado Politics 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.. 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. Sychla handcuffed Siers, who was still pleading to have officers let him take his dog inside. 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. We need you. According to the suit, S.S., who was 14 years old at the time, lived with Siers at their home in Loveland. I was scared. 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. 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. We'd love to hear eyewitness But instead of allowing that, Officer Sychla shoved Siers, according to the lawsuit. You have permission to edit this article. 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. 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 city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. Mr. Siers said his daughter had nightmares for months. Share with Us. 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. Hill said she could smell alcohol in Dutkas vehicle, which Dutka explained was due to a drunk friend whom she had driven home. Watch the body camera footage here According. 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. Dutka, an active duty military member, was driving a rental car and did not realize a headlight was out. He also claimed the encounter demonstrated a "serious training issue" with the Loveland Police Department. Reach him at afleskes@prairiemountainmedia.com or on Twitter @Austinfleskes07. Colorado Politics is published both in print and online. 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 attorney representing Karen Garner and her family released a video Monday of officers discussing and joking about injuring Garner after her arrest. Let there be no mistake: Loveland is not a safe place for children. "Accordingly, Plaintiffs illegal arrest claim is barred by Heck.". Were not (going to) shoot your dog; knock it off, Sychla can be heard saying. 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 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. 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. Two officers Dunlap and Wood responded and spoke to the girl and young man, as well as other witnesses. City of Loveland via YouTube/ lovgov.org On September 7, the City. 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. At one point in the interaction, Sowl can be heard telling Ashe, I dont know what happened. But the fact that it doesnt tells the whole story. 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The vast majority of cases named in the complaint also say the charges were dismissed. By Keith Coffman. View this page in Standard (full site) format. To always use Standard format on my mobile device: Go to My Account, About | Copyright | Privacy | Terms of service | Contact. Were stuck on Groundhog Day, basically, she said. Please avoid obscene, vulgar, lewd, Sowl said he needed shoulder replacement surgery after the incident. Officers Wood and Dunlap, who had asked for backup, arrived outside Mr. Sierss home later that day and asked to speak with his daughter. 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. 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. or anything. The familys small white dog, Skippy, began to bark at the officers in a show of protection, the lawsuit states, prompting Mr. Siers to tell the officers that he was going to get his dog so he wouldnt bite them. 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.. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. 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. Shes a good kid.. 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. 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. accounts, the history behind an article. According to the suit, the event caused emotional and physical trauma to not only Siers and S.S. but also Skippy. The suit claims Sychla also attempted to conduct a hold maneuver to stop Siers, an attempt that was unsuccessful. 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. A blood test also later showed no impairing substances and the District Attorneys office dismissed the DUI charges, the complaint claims. DENVER OK is your Colorado news, entertainment, music & fashion website. Without intervention, this self-serving scam will continue and the wake of innocent citizens whose lives are destroyed by it will continue to grow.. By: Colette Bordelon Posted at 7:17 PM, Mar 31, 2022 and last updated 6:17 PM, Mar 31, 2022 2001 - 2023 Democratic Underground, LLC. Another person, identified as K.S., was pulled over by Gates Sept. 30, 2019. 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. In Ticer's presentation to the. "Mr. Talmadge was minding his own business, and did not pose a danger to himself or others," Talmadge wrote in his complaint. 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. but it can also be stressful. Schielke said she filed Elias original complaint quickly as to avoid the statute of limitations closing. Im not talking to nobody.. Sowls arrest in September 2019 was capturedon body camera footage, released by Sowls attorney Sarah Schielke. had 6 out of 6 clues of impairment and he blew a 0.042% on a preliminary breath test; he was arrested 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. Talmadge allegedly told responding officers what had happened and they left. They had yelled at each other, which caused someone to call the police, according to the lawsuit. led to a $3 million settlement last year. We provide you with the latest news and videos straight from the Mile High City! Motorcycles can be very heavy and can cause severe damage even when just tipping over while stopped. In an image taken from police body camera video, a 14-year-old girl is arrested at her home in Loveland, Colo., in 2020. Once in the driveway, an unidentified officer reportedly told Talmadge to face the garage, prompting Talmadge to ask if he was under arrest. 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. There was a problem saving your notification. Schielke said this incident along with others in the past show that there is a theme of issues within department leadership. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. Sowl was cited with obstructing a peace officer and resisting arrest, but the charges were later dropped. MORE COVERAGE:NISP opponents sue Larimer County commissioners over permit approval. racist or sexually-oriented language. 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. Talmadge's roommate continued to remain in the home, allegedly telling Talmadge: "You will leave before I do.". 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. 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 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. The city, in turn, has announced it will re-hire consulting company Jensen Hughes to investigate the incident. Create new account | My Profile | My Account | My Bookmarks | My Inbox | Help | Log in, Back to top Alert Link here Defund the police was the wrong slogan. They treat people like animals. $300K seems really low given the cost of the medical treatment and pain and suffereing. During this, the suit claims, S.S. began screaming while suffering from a panic attack. 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. 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. 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.. I felt helpless just watching them manhandle my daughter the way they did.. Don't Threaten. 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. 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. I feel that there needs to be a change in law enforcement, Mr. Siers said. While all cases referred to each person only with initials and no full names, stories mirrored what Elias went through in early 2020. 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 . Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. In their motion to dismiss, the defendants submitted a police affidavit in support of Talmadge's arrest from July 6. The city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. In recent years, the Loveland Police Department has faced several lawsuits that claimed officers used excessive force while making arrests, including on June 26, 2020, when a 73-year-old woman with dementia was thrown to the ground and pinned against a squad car, breaking a bone and dislocating her shoulder in the process. 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. Notifications can be turned off anytime in the browser settings. 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. Something like "Redefine the Police" might have been better. 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. His two dogs Montana, a chihuahua, and Skippy, a Jack Russell terrier were on long leashes outside the house. arrested him for refusing to answer questions as a witness about a motorcycle crash outside a Loveland bar Sept. 22,2019. At one point in the interaction, Sowl can be heard telling Ashe, "I don't know what happened. NISP opponents sue Larimer County commissioners over permit approval, Your California Privacy Rights / Privacy Policy. Mr. Siers was later charged with resisting arrest; his daughter was charged with harassment, domestic violence, obstruction and resisting arrest. 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. 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. 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. 2023 www.coloradoan.com. 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. 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. Sowl's arrest was captured on body camera footage. 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. And why would they? 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. No wonder why you guys get a bad rap, Siers can be heard saying when Sychla returns to him on the ground. The incident drew interest from nearby residents resulting in someone calling the LPD. In this section, the complaint says that Gates, who transferred from the Greeley Police Department to the LPD in 2018, hit the ground running with prolific DUI arrests. The complaint claims that in 2018 he had more than 50 DUI arrests, 130 in 2019 and 110 in 2020 despite the pandemic. No racism, sexism or any sort of -ism Your California Privacy Rights / Privacy Policy. The city, in response, said it will conduct an independent review and maintained that it is committed to accountability. 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.. 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