I was helpless. RM D5WCP3 - A police officer stops cars at a special checkpoint in Berlin, Germany, 09 April 2013. "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.". She added that while she had tried to let Loveland settle the matter without taking it public, the city had declined. Mr. Siers was later charged with resisting arrest; his daughter was charged with harassment, domestic violence, obstruction and resisting arrest. An excessive force lawsuit filed against the Loveland Police Department has been settled for nearly $300,000. 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. 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. At one point in the interaction, Sowl can be heard telling Ashe, I dont know what happened. Sady Swanson covers public safety, criminal justice, Larimer County governmentand more throughout Northern Colorado. 3 min read. 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. Anyone can read what you share. The incident drew interest from nearby residents resulting in someone calling the LPD. Loveland police officer sued over alleged wrongful - denvergazette.com 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. As S.S. watched this from a few feet away, she began having a panic attack, the lawsuit states. No racism, sexism or any sort of -ism ), First published on January 27, 2021 / 4:46 PM. Loveland police say they didn't know officers injured an elderly woman Talmadge's roommate continued to remain in the home, allegedly telling Talmadge: "You will leave before I do.". But the investigation determined the witness had not committed a crime and the officer was not justified in arresting him, according to an internal memo from Police Chief Robert Tice dated May 7. Varholak allowed Talmadge, who represented himself in court, to refile his lawsuit by June 6 if Talmadge wished to bolster any of his claims that the magistrate judge found lacking. 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 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. "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. Police are strengthening their checks of motorcycles and mopeds at the start of spring. 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. 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 officers asked him to call his daughter outside, saying they just wanted to talk to her. On June 20, 2020, S.S. bicycled back to her fathers home, heartbroken over the confrontation she had with the boy hours earlier. Don't Threaten. 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. There was a problem saving your notification. The city of Loveland said Schielke had requested a settlement with the city more than a month ago and had given the city a four-day window to pay the settlement lest she release body camera video from the incident. 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. 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. Without intervention, this self-serving scam will continue and the wake of innocent citizens whose lives are destroyed by it will continue to grow.. 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. 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. 2001 - 2023 Democratic Underground, LLC. In the suit, Schielke is asking for declaratory and injunctive relief, compensatory, punitive or exemplary damages, and attorneys fees and costs. This is not the first time the department has faced an excessive use of force lawsuit for actions of its officers. 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. 2023 www.coloradoan.com. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. Get on the ground, an officer yells, pointing a Taser at Mr. Siers and then firing it. 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. Something like "Redefine the Police" might have been better. 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. I'm not talking to nobody.". The suit claims Sychla also attempted to conduct a hold maneuver to stop Siers, an attempt that was unsuccessful. 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. each comment to let us know of abusive posts. Officers Wood and Dunlap, who had asked for backup, arrived outside Mr. Sierss home later that day and asked to speak with his daughter. 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. Get browser notifications for breaking news, live events, and exclusive reporting. By: Colette Bordelon Posted at 7:17 PM, Mar 31, 2022 and last updated 6:17 PM, Mar 31, 2022 Ashe twisted Sowls arm behind his back and pushed his face into the ground, according to a civil rights lawsuit. When S.S. admitted to them that she had slapped the boy, Officer Wood said that she was under arrest, the lawsuit states. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. 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. The ordeal was enough for someone to call Loveland police to the scene, according to the lawsuit. 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. Emergency medical personnel arrived, along with police officers from the Loveland Police Department. 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 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. Colorado city to pay $3 million to elderly woman with dementia injured One of them, a Jack Russell terrier, started barking at the officers when they were trying to get the daughter into handcuffs. Member subscribers also receive the weekly print edition of our award-winning newspaper, containing outstanding features and news stories, in their mailboxes every Saturday. Let there be no mistake: Loveland is not a safe place for children. 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. Loveland police settle excessive force lawsuit for $290K 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. 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 vast majority of cases named in the complaint also say the charges were dismissed. View this page in Standard (full site) format. This material may not be published, broadcast, rewritten, or redistributed. Sowl said he needed shoulder replacement surgery after the incident. MORE COVERAGE:NISP opponents sue Larimer County commissioners over permit approval. 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. 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. And that starts with getting rid of every supervisor at LPD who approved of the violence in this video, she said. 2021 CBS Broadcasting Inc. All Rights Reserved. The case was settled for $290,000, City Attorney Moses Garcia said. The lawsuit says the girl, Siers and the dog have all suffered since the ordeal that day and that the dog has become extremely aggressive with every stranger.. Schielke filed a 52-page lawsuit Wednesday accusing Officer Hopp, Officer Daria Jalali, Sgt. Sowl said he needed shoulder replacement surgery after the incident. S.S. can then be heard yelling that she needs to get a tampon, body camera footage shows. The city said Ashe violated three department policies and procedures:. Best practices in law enforcement will be maintained and we are committed to accountability if those standards are not upheld, he said. 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. Our website features subscriber-only news stories daily, designed for public policy arena professionals. The video ends by pointing some blame at the elected officials in Loveland who have supported the LPD and its officers, including clips of previous and unrelated statements from Mayor Pro Tem Don Overcash and councilors Pat McFall and John Fogle. 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. The suit says the girl suffered cuts, scrapes, bruises and a concussion during the ordeal. 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. Email notifications are only sent once a day, and only if there are new matching items. "Any complaint leveled against our personnel is taken seriously," the department said in a statement. He submitted to another breath test at the station on a certified Intoxilyzer machine and blew a 0.028%. All Rights Reserved. Notifications from this discussion will be disabled. Were not (going to) shoot your dog; knock it off, Sychla can be heard saying. City of Loveland via YouTube/ lovgov.org On September 7, the City. Colorado Portal and News | Denverok.com, Colorado Portal | News | Classifieds | Cars. Siers was also arrested for investigation of obstructing a peace officer and resisting arrest, but the district attorneys office also dismissed those charges. RM W79EWX - Feldjger, the military police of the Bundeswehr, Germany's armed forces. 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 officers then approached Mr. Siers and asked him to stop resisting, according to the body camera footage. Federal judge tosses man's excessive force lawsuit against Loveland police Defund the police was the wrong slogan. 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. 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. 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. Colorado Police Officer Sued for 'Recklessly' Shooting Family Dog According to the suit, the event caused emotional and physical trauma to not only Siers and S.S. but also Skippy. 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. I was scared. All rights reserved. The city announced Tuesday it was again bringing in Jensen Hughes to review the latest incident, which happened on June 20, 2020, and involved a 14-year-old Loveland girl who was accused by police of domestic violence after she slapped her boyfriend, as well as the girls father, who was tased by an officer while trying to remove his dog from the scene. 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. 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. 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. 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. I feel that there needs to be a change in law enforcement, Mr. Siers said. The lawsuit names three officers who were involved in the arrests of Siers and his daughter as defendants: Officers Matt Sychla, Jeremiah Wood and Evan Dunlap. Be Proactive. The lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. "Mr. Talmadge was minding his own business, and did not pose a danger to himself or others," Talmadge wrote in his complaint. Clint Schnorrand Sgt. I need to put a tampon in, she yells, using an expletive. 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. Im not talking to nobody.. 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. "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. Arrest of Colorado 14-Year-Old Over a Slap Prompts Excessive-Force Suit In an image taken from police body camera video, a 14-year-old girl is arrested at her home in Loveland, Colo., in 2020. But the fact that it doesnt tells the whole story. Brian Bartnes. NISP opponents sue Larimer County commissioners over permit approval, Your California Privacy Rights / Privacy Policy. The video below is police bodycam footage from the incident. We provide you with the latest news and videos straight from the Mile High City! Eventually, Sychla deployed his Taser on Siers and continued to shock him for over five seconds, the lawsuit claims. It also included information on timed DUI arrest competitions put on by MADD that LPD is a part of. 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. They were both also making their very own wrongful DUI arrests during this time. Thank you for your interest in the Loveland Police Department. I was getting my dog, Siers can be heard screaming in the video. 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. 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. The release added the findings from this review will be made public when the investigation is completed. 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. Loveland police settle excessive force lawsuit for $290K The first roughly 21 pages share Elias story of his arrest the night of Jan. 4, 2020. Sarah Schielke of the Life and Liberty Law Office filed a lawsuit against the department and three of its officers Jeremiah Wood, Matt Sychla and Evan Dunlap for the arrest of Jon Siers and his daughter, only named as S.S. in the suit, in front of their home in Loveland in June of 2020. 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. Ashe twisted Sowls arm behind his back and pushed his face into the ground, according to a civil rights lawsuit. The event also allegedly changed Skippys entire demeanor; he became extremely aggressive with every stranger to come near the Siers home and eventually had to be rehomed to family out of state. / CBS Colorado. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. According to the Associated Press, Garcia said the settlement states the city and officers do not admit any guilt in this case. 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.. Loveland is not a safe place for pets. Threats of harming another Hill said she could smell alcohol in Dutkas vehicle, which Dutka explained was due to a drunk friend whom she had driven home. When the officers arrived, the suit says, Siers was found in front of the house working on S.S.s bike. Man sues Loveland Police Department alleging excessive force 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. Notifications can be turned off anytime in the browser settings. Police were . Schielke said this incident along with others in the past show that there is a theme of issues within department leadership. 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 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. Sarah Schielke files amended wrongful DUI suit against LPD officers I am a first responder. 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. Keep it Clean. The Loveland City Attorney's Office did not respond to a request for comment as of Thursday afternoon. At one point in the interaction, Sowl can be heard telling Ashe, "I don't know what happened. 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 city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. (Courtesy of the Life and Liberty Law Office) The suit adds that, per. She pretty much sticks to herself, stays at home, stays out of trouble, he said. 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. Talmadge allegedly told responding officers what had happened and they left. Police. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. Loveland Police Department officers Jeremiah Wood and Evan Dunlap arrest a 14-year-old girl in Loveland in June of 2020. In Ticer's presentation to the. At one point in the interaction, Sowl can be heard telling Ashe, "I don't know what happened. I'm not talking to nobody.". Colorado Politics is published both in print and online. 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. racist or sexually-oriented language. The girl left on her bike, at which time the officers started calling the numbers of the girl and her father, and eventually went to their house to try to find them after calling for backup officers. A blood test also later showed no impairing substances and the District Attorneys office dismissed the DUI charges, the complaint claims. And why would they? Schielke also said she wanted to ensure the officers who were involved were held accountable and forced to change.. led to a $3 million settlement last year. A screen capture from body-worn camera video of Karen Garner's 2020 arrest and a portrait of Loveland Police Chief Bob Ticer. 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. Once in the driveway, an unidentified officer reportedly told Talmadge to face the garage, prompting Talmadge to ask if he was under arrest. You know, I dont know quite what, but some kind of change. 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. Im a canine officer, dude.. Loveland officer involved in Karen Garner case resigns - FOX31 Denver Skippy can be seen in the video trying to pull its way over to him.
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