The complaint also claims that around this time Hill and Ticer learned that some of Gates DUI arrests were wrongful arrests because blood and breath results were coming back showing people were not impaired. 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. Talmadge allegedly told responding officers what had happened and they left. 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. Wood was in field training at the time, according to the lawsuit, which says that Dunlap decided to use this childs 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. During this, the suit claims, S.S. began screaming while suffering from a panic attack. Police were . Schielke filed a 52-page lawsuit Wednesday accusing Officer Hopp, Officer Daria Jalali, Sgt. In their motion to dismiss, the defendants submitted a police affidavit in support of Talmadge's arrest from July 6. Create new account | My Profile | My Account | My Bookmarks | My Inbox | Help | Log in, Back to top Alert Link here Living at Kimberly Court can seem like living in the most convenient location in Boulder. The lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. We provide you with the latest news and videos straight from the Mile High City! 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. It also included information on timed DUI arrest competitions put on by MADD that LPD is a part of. The roof of a police patrol car at night, with the blue and red lights flashing. Sowl said he needed shoulder replacement surgery after the incident. COLORADO DOCUMENTARY PROJECT Speak out! 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 also claimed the encounter demonstrated a "serious training issue" with the Loveland Police Department. The father of a teenage girl filed a lawsuit on Wednesday against three police officers in Loveland, Colo., who arrested her in 2020, saying the men used excessive force when they slammed the 14-year-old onto concrete, fired a Taser at him and choked the familys Jack Russell terrier. The guy was probably arguing unnecessarily, and probably not a liberal at all but he was right in this case. Notifications from this discussion will be disabled. The city, in response, said it will conduct an independent review and maintained that it is committed to accountability. They have used this funding to buy themselves more equipment and hire more officers. After going through roadside tests Hill arrested Dutka and took her for a blood test. 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. 2023 CBS Broadcasting Inc. All Rights Reserved. The lawsuit alleged that Sowl declined to provide more information when asked and was injured while being detained. You have permission to edit this article. 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. Your California Privacy Rights / Privacy Policy. 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. While S.S. tried to pull away from Wood and Dunlap, the suit claims, the officers violently assaulted her as they tried to get her in handcuffs, including slamming her body and limbs onto the concrete and against the brick wall while pushing their bodiesagainst her back. View this page in Standard (full site) format. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. 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. "Any complaint leveled against our personnel is taken seriously," the department said in a statement. The city said Ashe violated three department policies and procedures:. The charges were dismissed by the Larimer County District Attorneys Office. Member subscribers also receive the weekly print edition of our award-winning newspaper, containing outstanding features and news stories, in their mailboxes every Saturday. Defund the police was the wrong slogan. They treat people like animals. 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.. 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. 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. that is degrading to another person. 3 min read. but it can also be stressful. By law, if I see an OSHA violation and fail to act,I can be held personally responsible. But instead of allowing that, Officer Sychla shoved Siers, according to the lawsuit. 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. 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. The complaint claims Gates said he could smell alcohol coming from the vehicle and that K.S. 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. And it claims that Dunlap and Wood arrested the girl without a warrant and used excessive force. You can be in the know right alongside Colorados political insiders. 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. I was helpless. Get on the ground, an officer yells, pointing a Taser at Mr. Siers and then firing it. 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. 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. Give Light and the People Will Find Their Own Way, brought in to assess the Loveland Police Department. 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. 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. I feel that there needs to be a change in law enforcement, Mr. Siers said. racist or sexually-oriented language. 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. 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. The official filing of the amended complaint comes quickly after the LPD announced that it would be launching an outside, professional review of its DUI enforcement program; Schielke said she had informed the department of the amended complaint two weeks ago. Subscribe to Colorado Politics today! I was scared. I am a first responder. On June 20, 2020, S.S. bicycled back to her fathers home, heartbroken over the confrontation she had with the boy hours earlier. 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. 2021 CBS Broadcasting Inc. All Rights Reserved. Siers then can be seen complying with Sychla as he handcuffs him, but asks him to put the dogs away, stating he doesnt want the officers to shoot them. Emergency medical personnel arrived, along with police officers from the Loveland Police Department. 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. Example video title will go here for this video. By Keith Coffman. It also includes a post from Overcash in February of 2021 congratulating two of the three officers involved in the incident for receiving awards from the department for actions in 2020, with Dunlap and Wood each receiving an Exemplary Action Ribbon for an undescribed reason. This, she said, is something she hopes is exposed and ultimately ended. 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. 2023 www.coloradoan.com. 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. 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. LOVELAND, Colo. 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. Loveland Police Officer Resorts to Excessive Force You know, I dont know quite what, but some kind of change. He also added that Skippy had bitten one of the officers involved. "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. I felt helpless just watching them manhandle my daughter the way they did.. The accident turned out to be a man losing his balance on his motorcycle and falling over. 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. 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 . This material may not be published, broadcast, rewritten, or redistributed. Motorcycles can be very heavy and can cause severe damage even when just tipping over while stopped. had 6 out of 6 clues of impairment and he blew a 0.042% on a preliminary breath test; he was arrested for DUI. The three officers named in the lawsuit Matt Sychla, Jeremiah Wood and Evan Dunlap still arrested S.S. outside her home that day. 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. The Loveland City Attorney's Office did not respond to a request for comment as of Thursday afternoon. By Elise Schmelzer | PUBLISHED: March 2, 2022 at 3:24 p.m. | UPDATED: March 2, 2022 at 3:26 p.m. Police. This is not the first time the department has faced an excessive use of force lawsuit for actions of its officers. No racism, sexism or any sort of -ism 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. In Ticer's presentation to the. 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. Use the 'Report' link on Philip Metzler and the City of Loveland of excessive force and violation of the Americans With . When the officers arrived, the suit says, Siers was found in front of the house working on S.S.s bike. 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 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. Sady Swanson covers public safety, K-12 education and more throughout Northern Colorado. 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. They were both also making their very own wrongful DUI arrests during this time. Siers had his two dogs outside on leashes at the home, according to the suit. Something like "Redefine the Police" might have been better. 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. And that starts with getting rid of every supervisor at LPD who approved of the violence in this video, she said. 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. For Siers and his daughter, they have both lost and continue to lose sleep while not feeling safe in their home, with S.S. suffering panic attacks and insomnia the suit says. 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. S.S. can be heard crying and yelling in the background. Police are strengthening their checks of motorcycles and mopeds at the start of spring. 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. $300K seems really low given the cost of the medical treatment and pain and suffereing. The ordeal was enough for someone to call Loveland police to the scene, according to the lawsuit. This is not a bad apples event, it is the whole tree.. Mr. Siers was later charged with resisting arrest; his daughter was charged with harassment, domestic violence, obstruction and resisting arrest. By: Colette Bordelon Posted at 7:17 PM, Mar 31, 2022 and last updated 6:17 PM, Mar 31, 2022 The next thing Talmadge recalled was being at the hospital. Photo: Paul Zinken. Sowl said he needed shoulder replacement surgery after the incident. The lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. Siers was also arrested for investigation of obstructing a peace officer and resisting arrest, but the district attorneys office also dismissed those charges. 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. 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. NISP opponents sue Larimer County commissioners over permit approval, Your California Privacy Rights / Privacy Policy. Don't knowingly lie about anyone 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. In the suit, Schielke is asking for declaratory and injunctive relief, compensatory, punitive or exemplary damages, and attorneys fees and costs. According to the Associated Press, Garcia said the settlement states the city and officers do not admit any guilt in this case. I need to put a tampon in, she yells, using an expletive. 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. When Siers tries to move around Sychla in the video an action he says was to deal with the dogs Sychla can be seen pushing Siers back. 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 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. 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. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. It also included that 1,352 of the drivers he pulled over 84% of his stops were let off with just a warning. The suit claims Sychla also attempted to conduct a hold maneuver to stop Siers, an attempt that was unsuccessful. Im a canine officer, dude.. Colorado Supreme Court ruling makes more police internal investigations accessible. 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 . Officers Wood and Dunlap eventually got her into handcuffs and arrested her for investigation of charges of harassment, domestic violence, obstruction and resisting arrest. 2023 www.coloradoan.com. 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. The attorney representing Karen Garner and her family released a video Monday of officers discussing and joking about injuring Garner after her arrest. 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. Officers Wood and Dunlap, who had asked for backup, arrived outside Mr. Sierss home later that day and asked to speak with his daughter. Watch the body camera footage here According. 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.. 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. January 27, 2021 / 4:46 PM led to a $3 million settlement last year. 9NEWS is not naming the witness because he is not being accused of a crime. All the investigation and work we were putting in to get a peek at the tip of the iceberg was taking forever, she said. Once in the driveway, an unidentified officer reportedly told Talmadge to face the garage, prompting Talmadge to ask if he was under arrest. 2001 - 2023 Democratic Underground, LLC. 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. His two dogs Montana, a chihuahua, and Skippy, a Jack Russell terrier were on long leashes outside the house. The release added the findings from this review will be made public when the investigation is completed. The city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. 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. An internal review determined the officer was not justified in arresting a witness who refused to answer his questions. 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. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. 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. 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. 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 complaint adds that the LPD often posted about their victories in these absurd arrest competitions on social media, continually reaffirming to all Loveland police officers that DUI arrests are valued over all else, especially citizens constitutional rights., LPD has obtained hundreds of thousands of dollars of grant funding for themselves as a result of their DUI arrest numbers, the complaint said. 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. Both the Garner and Sowl cases were brought to light through Schielke and the Life and Liberty Law Office. PLEASE TURN OFF YOUR CAPS LOCK. 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. I've never been in a situation quite like that before, Siers said. 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. 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. You know, it's just, it's horrifying, terrifying, Siers said in an interview Wednesday. According to the suit, the event caused emotional and physical trauma to not only Siers and S.S. but also Skippy. The suit says the girl suffered cuts, scrapes, bruises and a concussion during the ordeal. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. 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. At one point in the interaction, Sowl can be heard telling Ashe, "I don't know what happened. 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. 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