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The incidents were initially reviewed and deemed appropriate at the time of the event, but the city is taking a second outside look at the incident in our efforts to ensure we are policing in a respectful and proper manner, City Manager Steve Adams said in the release. 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. The officers asked him to call his daughter outside, saying they just wanted to talk to her. Phil Metzler, have been. "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.". 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. 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. but it can also be stressful. 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.. 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. 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. 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, according to the lawsuit. They have used this funding to buy themselves more equipment and hire more officers. Notifications can be turned off anytime in the browser settings. Loveland is not a safe place for pets. LOVELAND, Colo. (KDVR) A Loveland police officer involved in the forceful arrest of Karen Garner resigned on Wednesday following an independent investigation by a consulting firm.. The incident drew interest from nearby residents resulting in someone calling the LPD. Ashe detained Sowl for not answering his questions, twisting his arm behind his back and pushing his face into the ground. 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. 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. Notifications from this discussion will be disabled. 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. 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. Reach him at afleskes@prairiemountainmedia.com or on Twitter @Austinfleskes07. The accident turned out to be a man losing his balance on his motorcycle and falling over. And why would they? 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. 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. S.S. can be heard crying and yelling in the background. The lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. The city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. I appreciate the difficult, challenging, and often dangerous roles that LPD officers undertake to keep our community safe, and I want to express my gratitude to the men and women of LPD for taking on this important work and for continuing in our larger efforts to improve community policing to best serve our community, Adams said in the release. led to a $3 million settlement last year. 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 alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. Four officers were there in total, the lawsuit states. The roommate then exited the house and Talmadge soon received a call from police asking him to step outside. The lawsuit alleged that Sowl declined to provide more information when asked and was injured while being detained. Loveland Police Department, via The Life & Liberty Law Office. 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. 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. I was helpless watching my daughter getting manhandled by three other police officers. This is not the first time the department has faced an excessive use of force lawsuit for actions of its officers. Skippy can be seen in the video trying to pull its way over to him. The civil lawsuit alleges Loveland police officer William Gates falsely arrested Harris Elias on suspicion of DUI while driving in midtown Fort . "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. Im not talking to nobody.. 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. 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.. Nicole Yost, a spokeswoman for the city of Loveland, said she did not know who was representing the officers. Give Light and the People Will Find Their Own Way, brought in to assess the Loveland Police Department. 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. Ashe twisted Sowls arm behind his back and pushed his face into the ground, according to a civil rights lawsuit. Don't Threaten. $300K seems really low given the cost of the medical treatment and pain and suffereing. arrested him for refusing to answer questions as a witness about a motorcycle crash outside a Loveland bar Sept. 22,2019. 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. 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. Be Truthful. I bet at this point Loveland wishes each of these events could involve the same officers, she said. 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. Mr. Siers then asked the officers to stop, saying she was just a child. person will not be tolerated. 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. The charges against them were eventually dismissed, Ms. Schielke said. He called them back, and officers came back to his home while he was outside working on his daughters bike. Thank you for visiting. Emergency medical personnel arrived, along with police officers from the Loveland Police Department. 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. The arrest startled her father, Jon Siers, who repeatedly told the officers that what they were doing was completely wrong, the lawsuit states. 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. The departments statement reiterated the outside review it will undergo will includes policies and procedures, overall strategy as well as status, outcomes and claims of current and recent enforcement efforts. 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. The video below is police bodycam footage from the incident. 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. View this page in Standard (full site) format. Officers Wood and Dunlap eventually got her into handcuffs and arrested her for investigation of charges of harassment, domestic violence, obstruction and resisting arrest. that is degrading to another person. Siers had his two dogs outside on leashes at the home, according to the suit. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. RM W79EWX - Feldjger, the military police of the Bundeswehr, Germany's armed forces. 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. 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. "Mr. Talmadge was minding his own business, and did not pose a danger to himself or others," Talmadge wrote in his complaint. The Loveland Reporter-Herald reports Preston Sowl claimed the officers violated his constitutional rights by detaining and injuring him after he declined to talk to them while at the scene of an accident in September 2019. Players given Kratom by Colorado coach, police say, Skier Shiffrin's quest for 86th win extended after downhill, 77 inches of snow fall at Colorado ski area in 9 days, City of Loveland chooses firm to conduct independent review after arrest of Karen Garner, Former Loveland officer faces assault charge, accused of writing inaccurate reports related to Karen Garner's arrest, Karen Garner's family feels more 'concern than relief' after charges announced against officers, Policy 1.02: Limits of Authority and Exercise of Discretion. But instead of allowing that, Officer Sychla shoved Siers, according to the lawsuit. 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. 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. Ashe twisted Sowls arm behind his back and pushed his face into the ground, according to a civil rights lawsuit. Be Proactive. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. 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, the family continues to anxiously await answers to any of that." Garner was arrested in June 2020 after she left a local Walmart without paying for a T-shirt, soda, candy. 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. While both Siers and S.S. can be heard screaming to not choke my dog, Sychla responds by saying he is a K-9 officer. 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. Please avoid obscene, vulgar, lewd, You know, I dont know quite what, but some kind of change. In Talmadge's narrative of events, he attempted to eject his roommate from his Loveland home on July 6, 2019, but the roommate refused and instead called police to the home. Something like "Redefine the Police" might have been better. Even Chief Ticer himself assisted Hill with arresting and charging an innocent person with DUI, by providing a (Drug Recognition Expert) evaluation of the individual and declaring in his (Ticers) expert DRE opinion that the person was under the influence of cannabis.. The 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. 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. Watching my daughter go through this, I mean, I was terrified, Mr. Siers said by phone on Thursday. Let there be no mistake: Loveland is not a safe place for children. 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. 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. They had yelled at each other, which caused someone to call the police, according to the lawsuit. They hurt families and destroy lives, Schielke said in a statement. You can be in the know right alongside Colorados political insiders. The complaint claims Gates said he could smell alcohol coming from the vehicle and that K.S. S.S. can then be heard yelling that she needs to get a tampon, body camera footage shows. Police were . Example video title will go here for this video. An excessive force lawsuit filed against the Loveland Police Department has been settled for nearly $300,000. The release did not state what disciplinary or corrective action would be taken as a result of this internal investigation, just that any disciplinary actions would be taken in accordance with the conclusion and outcome of the IA., More:Colorado Supreme Court ruling makes more police internal investigations accessible. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. She said that without someone standing up to call out the pattern of violent conduct and complete disrespect for this community, nothing is going to change. The 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. 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. Email notifications are only sent once a day, and only if there are new matching items. Sowl said he needed shoulder replacement surgery after the incident. 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. Another person, identified as K.S., was pulled over by Gates Sept. 30, 2019. According to the lawsuit, Siers was aware an LPD officer had shot and killed a familys dog in the past year (which Schielke also filed suit over) and wanted to take the dog inside so it was not shot if it bit one of the officers. Mr. Siers said his daughter had nightmares for months. Threats of harming another 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 officers then approached Mr. Siers and asked him to stop resisting, according to the body camera footage. The first third of the complaint retells Elias story with much of the restgoing into more detail on what the complaint describes as Chief Bob Ticer and the LPDs obsession with DUI arrests.. Mr. Siers was later charged with resisting arrest; his daughter was charged with harassment, domestic violence, obstruction and resisting arrest. According to the report of an internal affair, the Loveland Police Department (LPD) responded to a report of a motorcycle crash that turned out to be a rider who had lost his balance while stopped. That night Gates pulled Elias over in Fort Collins and, ultimately, Gates arrested Elias for DUI. 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. He also added that Skippy had bitten one of the officers involved. The vast majority of cases named in the complaint also say the charges were dismissed. 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. 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. At the Safeway parking lot, Officers Wood and Dunlap were collecting witness statements and asking the boy to fill out a form describing the slap, the lawsuit states. 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. Loveland Police Department officers Jeremiah Wood and Evan Dunlap arrest a 14-year-old girl in Loveland in June of 2020. Following this, the suit claims that Sychla shoved Siers backward several times, with Siers eventually scrambling away into a parking space in front of the residence. A Loveland police officer violated department policy when he forcefully arrested a witness of a motorcycle crash for refusing to answer questions, the city announced in a news release last week. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. 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. 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. A blood test also later showed no impairing substances and the District Attorneys office dismissed the DUI charges, the complaint claims. The attorney representing Karen Garner and her family released a video Monday of officers discussing and joking about injuring Garner after her arrest.