Mr. Siers said his daughter had nightmares for months. (Courtesy of the Life and Liberty Law Office) The suit adds that, per. Don't Threaten. Colorado Portal and News | Denverok.com, Colorado Portal | News | Classifieds | Cars. The incident drew interest from nearby residents resulting in someone calling the LPD. U.S. Magistrate Judge Scott T. Varholak noted that Talmadge had failed to allege which officers did what, meaning his excessive force claim was not viable under the law. or anything. In Ticer's presentation to the. 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. Copyright 2022 Scripps Media, Inc. All rights reserved. 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. Sowl's arrest was captured on body camera footage. 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. 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. 2023 www.coloradoan.com. 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. RM D5WCP3 - A police officer stops cars at a special checkpoint in Berlin, Germany, 09 April 2013. "It is long-established that a citizen cannot be charged with obstruction (or any crime) for merely refusing to answer police questioning," Sowl's attorney Sarah Schielke said in a news release at the time the lawsuit was filed in June 2020. Get an email notification whenever someone contributes to the discussion. Another officer, according to Talmadge, slammed him to the ground where his "head bounced off the concrete." 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. That night Gates pulled Elias over in Fort Collins and, ultimately, Gates arrested Elias for DUI. 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. The Moving can be an exciting experience. 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. View this page in Standard (full site) format. After S.S. came out and began talking with the officers, she eventually admitted to slapping Hall earlier that day the video accompanying the suit claims their body-worn cameras were muted for much of this discussion. 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.. 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. Ashe arrested Sowl for obstruction of justice and resisting arrest, but the 8th Judicial District Attorneys Office dismissed the charges, according to the lawsuit. So, I didn't know quite how to react.. Loveland Police Officer Resorts to Excessive Force 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. They had yelled at each other, which caused someone to call the police, according to the lawsuit. Austin Hopp, the officer who threw Ms. Garner, pleaded guilty to assaulting her in March and was sentenced to five years in prison. The biggest threat to the safety of the Loveland community is - and continues to be - the Loveland Police Department itself. I felt helpless just watching them manhandle my daughter the way they did.. 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. 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. All the investigation and work we were putting in to get a peek at the tip of the iceberg was taking forever, she said. 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. 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. What theyre doing is just violence., Arrest of Colorado 14-Year-Old Over a Slap Prompts Excessive-Force Suit, https://www.nytimes.com/2022/06/17/us/colorado-loveland-police-lawsuit.html. The accident turned out to be a man losing his balance on his motorcycle and falling over. I couldn't do anything. I was helpless. Notifications can be turned off anytime in the browser settings. Email notifications are only sent once a day, and only if there are new matching items. He also claimed the encounter demonstrated a "serious training issue" with the Loveland Police Department. And it claims that Dunlap and Wood arrested the girl without a warrant and used excessive force. In that video, Sychla can be heard explaining to Siers why he used force, explaining he wasnt sure what the Siers intentions were. You have permission to edit this article. According to the lawsuit, when Siers got home after work he noticed all the missed calls and voicemails from officers who said they wanted to talk with his daughter. The 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 lawsuit also claims Wood and Dunlap unreasonably seized, committed a warrantless arrest against, and used excessive force against Siers daughter, who was not named in the complaint because she is a juvenile. The 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. RELATED: City of Loveland chooses firm to conduct independent review after arrest of Karen Garner, RELATED: Former Loveland officer faces assault charge, accused of writing inaccurate reports related to Karen Garner's arrest, RELATED: Karen Garner's family feels more 'concern than relief' after charges announced against officers. The lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. Example video title will go here for this video. As a subscriber, you have 10 gift articles to give each month. LOVELAND, Colo. (AP) - An excessive force lawsuit filed against the city of Loveland and four of its police officers has been settled for $290,000. The city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. Loveland is not a safe place for pets. Siers was also arrested for investigation of obstructing a peace officer and resisting arrest, but the district attorneys office also dismissed those charges. 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. Motorcycles can be very heavy and can cause severe damage even when just tipping over while stopped. 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. Once in the driveway, an unidentified officer reportedly told Talmadge to face the garage, prompting Talmadge to ask if he was under arrest. 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. Sowl's arrest in September 2019 was capturedon body camera footage, released by Sowl's attorney Sarah Schielke. 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. "Force is not reasonable when a suspect is non-violent, not resisting, not fleeing, or poses no threat.". It claims Sychla unreasonably and wrongfully arrested Siers and used excessive force against him and his dog, and also that Sychla committed malicious prosecution in arresting and forwarding charges against Siers to prosecutors. racist or sexually-oriented language. Reach him at afleskes@prairiemountainmedia.com or on Twitter @Austinfleskes07. Last year, the city of Loveland paid a $3 million settlement to the woman, Karen Garner. Four officers were there in total, the lawsuit states. Both videos can be found on the Life and Liberty Law Office YouTube page. S.S. can then be heard yelling that she needs to get a tampon, body camera footage shows. 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. They were both also making their very own wrongful DUI arrests during this time. It also included that 1,352 of the drivers he pulled over 84% of his stops were let off with just a warning. When they discovered that neither Siers nor his daughter were home, they left. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. 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. I'm not talking to nobody.". They treat people like animals. Sychla can be seen carrying Skippy to the door before pushing him inside and eventually kicking the dog back in when it tries to come out. 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. PLEASE TURN OFF YOUR CAPS LOCK. Police are strengthening their checks of motorcycles and mopeds at the start of spring. Without intervention, this self-serving scam will continue and the wake of innocent citizens whose lives are destroyed by it will continue to grow.. Member subscribers also receive the weekly print edition of our award-winning newspaper, containing outstanding features and news stories, in their mailboxes every Saturday. 2001 - 2023 Democratic Underground, LLC. Subscribe to Colorado Politics today! 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 f. 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. No racism, sexism or any sort of -ism 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. 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. 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. 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 Sychla also attempted to conduct a hold maneuver to stop Siers, an attempt that was unsuccessful. Use the 'Report' link on "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. According to the suit, the event caused emotional and physical trauma to not only Siers and S.S. but also Skippy. It is terrifying because we all have to drive, we all use the roads, and it shouldnt be that easy for an officer to destroy our lives and there needs to be consequences when they recklessly do so, she said. 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. Photo: Paul Zinken. Sowl was cited with obstructing a peace officer and resisting arrest, but the charges were later dropped. Your California Privacy Rights / Privacy Policy. Talmadge's roommate reported that Talmadge assaulted him and Talmadge resisted when officers told him he was under arrest. In a news release and in discussions with the Reporter-Herald, Schielke described the arrest as senseless and needless violence. Officers Dunlap and Wood the suit claims Dunlap was field-training Wood at the time responded to the scene where they located and interviewed Hall. 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. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. "Accordingly, Plaintiffs illegal arrest claim is barred by Heck.". 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. At one point in the interaction, Sowl can be heard telling Ashe, "I don't know what happened. 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. 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. Were not (going to) shoot your dog; knock it off, Sychla can be heard saying. 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. 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. He called his daughter out of the house, and according to the lawsuit, Officer Wood started to arrest his daughter as soon as she admitted to slapping the 18-year-old, which the suit says went against LPD policy of not arresting children 14 and under unless they are believed to have committed a dangerous felony.. Please avoid obscene, vulgar, lewd, 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. The suit claims that once S.S. admitted to the slap, Wood, without warning, put his hands on her to begin an arrest by starting to put handcuffs on her, stating she was under arrest for assault. 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. Best practices in law enforcement will be maintained and we are committed to accountability if those standards are not upheld, he said. 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.