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The complaint claims Gates said he could smell alcohol coming from the vehicle and that K.S. 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. 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. Brian Bartnes. The lawsuit claims the dog did eventually nip at some of the officers, and that Sychla eventually picked the dog up by his leach and held him into the air by his throat while taking him to the front door of the home and putting him inside. Want the real scoop? 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 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. An excessive force lawsuit filed against the Loveland Police Department has been settled for nearly $300,000. Another officer, according to Talmadge, slammed him to the ground where his "head bounced off the concrete." By: Colette Bordelon Posted at 7:17 PM, Mar 31, 2022 and last updated 6:17 PM, Mar 31, 2022 The ordeal was enough for someone to call Loveland police to the scene, according to the lawsuit. 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.. Hill said she could smell alcohol in Dutkas vehicle, which Dutka explained was due to a drunk friend whom she had driven home. Loveland is not a safe place for pets. 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. Sady Swanson covers public safety, criminal justice, Larimer County governmentand more throughout Northern Colorado. Eventually, Sychla deployed his Taser on Siers and continued to shock him for over five seconds, the lawsuit claims. Something like "Redefine the Police" might have been better. Schielke and Sowl were not able to answer any additional questions about the settlementdue to the agreement with Loveland, according to the news release. It was unclear if the officers had lawyers, and the Loveland Police Department did not immediately respond to calls seeking comment on Thursday. According to the Associated Press, Garcia said the settlement states the city and officers do not admit any guilt in this case. Notifications can be turned off anytime in the browser settings. This is not a bad apples event, it is the whole tree.. While four officers responded to the Siers home and waited 20 minutes, they were unable to come in contact with S.S. or her father. The lawsuit 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. She had been dating 18-year-old Elijah Hall and, around lunchtime on June 20, 2020, she rode her bike to the nearby Safeway where she found Hall with another woman. 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. Anyone can read what you share. Sowl was cited with obstructing a peace officer and resisting arrest, but the charges were later dropped. The city, in response, said it will conduct an independent review and maintained that it is committed to accountability. Longmont landscaper under scrutiny after new complaints, Carreras Tacos Bring West Coast Mexican with a Competitive Edge, Murdaughs fall from grace ends in life sentence for murder, Former clerk Tina Peters found guilty on obstruction charge, Boulder police seek person of interest in womans shooting near CU Boulder. His attorney says the injury required Sowl to undergo shoulder replacement surgery. So, I didn't know quite how to react.. According to the complaint, Emily Dutka, who had previously gone public about her arrest, was pulled over by Hill in May of 2020. She also represented Karen Garner and her family in that case, which led to a $3 million settlement last year. 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. Loveland Police Officer Resorts to Excessive Force The roommate then exited the house and Talmadge soon received a call from police asking him to step outside. Mr. Siers was later charged with resisting arrest; his daughter was charged with harassment, domestic violence, obstruction and resisting arrest. As with previous cases Schielke has brought forth, the newest case against the department came not only with a written description in the lawsuit itself but also with a YouTube video providing both body-worn camera and security camera footage of the incident. Austin Hopp, the officer who threw Ms. Garner, pleaded guilty to assaulting her in March and was sentenced to five years in prison. 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.. They were both also making their very own wrongful DUI arrests during this time. 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. City of Loveland via YouTube/ lovgov.org On September 7, the City. 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. (Courtesy of the Life and Liberty Law Office) The suit adds that, per. 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. 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. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. 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. This included slamming her body and limbs down into concrete multiples times, the lawsuit says. Colorado Supreme Court ruling makes more police internal investigations accessible. 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. You can be in the know right alongside Colorados political insiders. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. An internal review determined the officer was not justified in arresting a witness who refused to answer his questions. NISP opponents sue Larimer County commissioners over permit approval, Your California Privacy Rights / Privacy Policy. 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. Let there be no mistake: Loveland is not a safe place for children. Schielke said this incident along with others in the past show that there is a theme of issues within department leadership. I was helpless. The lawsuit alleged that Sowl declined to provide more information when asked and was injured while being detained. 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 of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. When they discovered that neither Siers nor his daughter were home, they left. She added that while she had tried to let Loveland settle the matter without taking it public, the city had declined. 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. DENVER OK is your Colorado news, entertainment, music & fashion website. 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. 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. His two dogs Montana, a chihuahua, and Skippy, a Jack Russell terrier were on long leashes outside the house. 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. This material may not be published, broadcast, rewritten, or redistributed. The. 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. Secure your subscription to Colorados premier political news journal, in continuous publication since 1898. Give Light and the People Will Find Their Own Way, brought in to assess the Loveland Police Department. 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. Sierss daughter tried to get to her dad, but officers continued to try to put her into handcuffs. The report said Ashe and two other officers took the man to the ground and arrested him for obstructing a police officer and resisting arrest, injuring his shoulder. The three officers named in the lawsuit Matt Sychla, Jeremiah Wood and Evan Dunlap still arrested S.S. outside her home that day. 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. In the suit, Schielke is asking for declaratory and injunctive relief, compensatory, punitive or exemplary damages, and attorneys fees and costs. I was helpless watching my daughter getting manhandled by three other police officers. He also added that Skippy had bitten one of the officers involved. RM W79EWX - Feldjger, the military police of the Bundeswehr, Germany's armed forces. 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. S.S. can then be heard yelling that she needs to get a tampon, body camera footage shows. RM D5WCP3 - A police officer stops cars at a special checkpoint in Berlin, Germany, 09 April 2013. He called them back, and officers came back to his home while he was outside working on his daughters bike. We need you. 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 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. A screen capture from body-worn camera video of Karen Garner's 2020 arrest and a portrait of Loveland Police Chief Bob Ticer. Don't knowingly lie about anyone 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. I am a first responder. 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. Although Christopher Talmadge claimed that he was nonviolent and "minding his own business" when police reportedly slammed his head into his driveway, the city pointed to an affidavit the night of Talmadge's arrest indicating that he had assaulted his roommate and resisted officers. 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. When S.S. admitted to them that she had slapped the boy, Officer Wood said that she was under arrest, the lawsuit states. Watching what they do to this family on this video has to be unsettling and terrifying for any parent in this town because there is no common sense utilized and there is no interest in the damage being inflicted to, here, a juvenile.. The lawsuit alleged officers violated Sowl's constitutional rights when they arrested him for refusing to answer questions as a witness about a motorcycle crash outside a Loveland bar Sept. 22, 2019. COLORADO DOCUMENTARY PROJECT Speak out! The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. When the officers arrived, the suit says, Siers was found in front of the house working on S.S.s bike. Be Proactive. accounts, the history behind an 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. 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 said Ashe violated three department policies and procedures:. That night Gates pulled Elias over in Fort Collins and, ultimately, Gates arrested Elias for DUI. While all cases referred to each person only with initials and no full names, stories mirrored what Elias went through in early 2020. The suit also claims Sychla falsified and exaggerated facts in the police report involving Siers. 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. 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. 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. I feel that there needs to be a change in law enforcement, Mr. Siers said. A blood test also later showed no impairing substances and the District Attorneys office dismissed the DUI charges, the complaint claims. But the fact that it doesnt tells the whole story. The city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. 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 suit claims Sychla also attempted to conduct a hold maneuver to stop Siers, an attempt that was unsuccessful. 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. 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. View this page in Standard (full site) format. The lawsuit states that Officers Wood and Dunlap slammed her into the concrete stairway outside the home and pushed her against a brick wall. We provide you with the latest news and videos straight from the Mile High City! "Mr. Talmadge was minding his own business, and did not pose a danger to himself or others," Talmadge wrote in his complaint. Most notably the department became the center of international attention when Schielke released information on the June 2020 arrest of Karen Garner, a case that resulted in a $3 million settlement from the city of Loveland and a five-year prison sentence for Garners arresting officer. Get browser notifications for breaking news, live events, and exclusive reporting. Our website features subscriber-only news stories daily, designed for public policy arena professionals. It also included that 1,352 of the drivers he pulled over 84% of his stops were let off with just a warning. Loveland Police Department is located at 810 E 10th Street, Loveland, CO 80537 map Lobby hours: Monday through Friday 8am-5pm The LPD lobby is a safe place for online sales transactions and custody exchanges. The accident turned out to be a man losing his balance on his motorcycle and falling over. Colorado Politics is published both in print and online. The case was settled for $290,000, City Attorney Moses Garcia said. I was mad. 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. Were not (going to) shoot your dog; knock it off, Sychla can be heard saying. The officers then approached Mr. Siers and asked him to stop resisting, according to the body camera footage. Mr. Siers said his daughter had nightmares for months. Photo: Paul Zinken. Threats of harming another "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. The roof of a police patrol car at night, with the blue and red lights flashing. Nicole Yost, a spokeswoman for the city of Loveland, said she did not know who was representing the officers. In Ticer's presentation to the. 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. 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. Without intervention, this self-serving scam will continue and the wake of innocent citizens whose lives are destroyed by it will continue to grow.. had 6 out of 6 clues of impairment and he blew a 0.042% on a preliminary breath test; he was arrested for DUI. 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. Police. 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. 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. 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.
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