Best practices in law enforcement will be maintained and we are committed to accountability if those standards are not upheld, he said. Emergency medical personnel arrived, along with police officers from the Loveland Police Department. He called them back, and officers came back to his home while he was outside working on his daughters bike. I was scared. 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. Notifications from this discussion will be disabled. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. The Moving can be an exciting experience. The city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. I feel that there needs to be a change in law enforcement, Mr. Siers said. 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. The city, in response, said it will conduct an independent review and maintained that it is committed to accountability. 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. RM D5WCP3 - A police officer stops cars at a special checkpoint in Berlin, Germany, 09 April 2013. The suit, filed in the 8th Judicial District Court on Wednesday morning, lists three claims for relief: unreasonable seizure and excessive force resulting in the abuse of their dog Skippy and wrongful arrest of Siers by Sychla; violation of due process and malicious prosecution of Siers by Sychla; and unreasonable seizure and excessive force with an arrest of S.S. by Wood and Dunlap. 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. 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. Email notifications are only sent once a day, and only if there are new matching items. Were not (going to) shoot your dog; knock it off, Sychla can be heard saying. Ashe detained Sowl for not answering his questions, twisting his arm behind his back and pushing his face into the ground. Shes a good kid.. It also included information on timed DUI arrest competitions put on by MADD that LPD is a part of. 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. There was a problem saving your notification. 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. That leads to this result, this absurd result, where the officers prioritize numbers over the constitutional rights of the citizens they are supposed to be protecting, she said. or anything. As a subscriber, you have 10 gift articles to give each month. The charges against them were eventually dismissed, Ms. Schielke said. So, I didn't know quite how to react.. Philip Metzler and the City of Loveland of excessive force and violation of the Americans With . Excessive force lawsuit filed against Loveland police settled for $290K 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. 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. Police. We need you. In a written response reflecting many points Stewart said during Mondays press conference, the department said it can not comment on specific cases and wants to be transparent and open in our work.. While all cases referred to each person only with initials and no full names, stories mirrored what Elias went through in early 2020. His attorney says the injury required Sowl to undergo shoulder replacement surgery. led to a $3 million settlement last year. Permalink. Two officers Dunlap and Wood responded and spoke to the girl and young man, as well as other witnesses. Living at Kimberly Court can seem like living in the most convenient location in Boulder. The attorney representing Karen Garner and her family released a video Monday of officers discussing and joking about injuring Garner after her arrest. 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. Sierss daughter tried to get to her dad, but officers continued to try to put her into handcuffs. 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. An internal review determined the officer was not justified in arresting a witness who refused to answer his questions. 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 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. By Elise Schmelzer | PUBLISHED: March 2, 2022 at 3:24 p.m. | UPDATED: March 2, 2022 at 3:26 p.m. No wonder why you guys get a bad rap, Siers can be heard saying when Sychla returns to him on the ground. At one point in the interaction, Sowl can be heard telling Ashe, "I don't know what happened. The release added the findings from this review will be made public when the investigation is completed. 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. Schielke also said she wanted to ensure the officers who were involved were held accountable and forced to change.. She pretty much sticks to herself, stays at home, stays out of trouble, he said. 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 treat people like animals. I bet at this point Loveland wishes each of these events could involve the same officers, she said. The suit claims that during this, S.S. hit her head more than once, ultimately causing a concussion. "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. Mr. Siers then asked the officers to stop, saying she was just a child. The biggest threat to the safety of the Loveland community is - and continues to be - the Loveland Police Department itself. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. I was getting my dog, Siers can be heard screaming in the video. On June 20, 2020, S.S. bicycled back to her fathers home, heartbroken over the confrontation she had with the boy hours earlier. 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. 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. Copyright 2022 Scripps Media, Inc. All rights reserved. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. He also added that Skippy had bitten one of the officers involved. Hill said she could smell alcohol in Dutkas vehicle, which Dutka explained was due to a drunk friend whom she had driven home. In an image taken from police body camera video, a 14-year-old girl is arrested at her home in Loveland, Colo., in 2020. 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. Don't knowingly lie about anyone After grabbing witness statements from people in the area, including a statement from Hall where he said the incident did not cause him physical pain, the officers attempted to call S.S. and Siers to no success. Schielke said the names used in the suit were gained from a records request made to the LPD and, out of respect for each persons privacy, she did not include their full names with the exception of one person. The city said the findings of the latest review will be made public once it is complete. 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. 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.. 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. 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. This material may not be published, broadcast, rewritten or redistributed. Both the Garner and Sowl cases were brought to light through Schielke and the Life and Liberty Law Office. 2023 www.coloradoan.com. An excessive force lawsuit filed against the Loveland Police Department has been settled for nearly $300,000. 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. Schielke and Sowl were not able to answer any additional questions about the settlementdue to the agreement with Loveland, according to the news release. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. Ashe twisted Sowls arm behind his back and pushed his face into the ground, according to a civil rights lawsuit. Be Truthful. 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. They hurt families and destroy lives, Schielke said in a statement. 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 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.. Ashe arrested Sowl for obstruction of justice and resisting arrest, but the 8th Judicial District Attorneys Office dismissed the charges, according to the lawsuit. Be Proactive. 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. 2001 - 2023 Democratic Underground, LLC. 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. 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 cause violating the Colorado constitution Article II Section 7 and malicious prosecution under the Fourth Amendment. 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. 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 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. It also included that 1,352 of the drivers he pulled over 84% of his stops were let off with just a warning. Let there be no mistake: Loveland is not a safe place for children. She also represented Karen Garner and her family in that case, which led to a $3 million settlement last year. Dutka, an active duty military member, was driving a rental car and did not realize a headlight was out. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. It also included these male adult officers forcibly pushing her entire body against brick wall and concrete, and for officer Wood, at times pushing the front of his own body hard up against her back.. Anyone can read what you share. Mr. Siers said his daughter had nightmares for months. Sowl said he needed shoulder replacement surgery after the incident, according to the lawsuit. 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. "Force is not reasonable when a suspect is non-violent, not resisting, not fleeing, or poses no threat.". Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. Want the real scoop? 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. 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. Mr. Siers was later charged with resisting arrest; his daughter was charged with harassment, domestic violence, obstruction and resisting arrest. One of them, a Jack Russell terrier, started barking at the officers when they were trying to get the daughter into handcuffs. The suit says the girl suffered cuts, scrapes, bruises and a concussion during the ordeal. In the suit, Schielke is asking for declaratory and injunctive relief, compensatory, punitive or exemplary damages, and attorneys fees and costs. 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. According to the suit, the event caused emotional and physical trauma to not only Siers and S.S. but also Skippy. 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. He submitted to another breath test at the station on a certified Intoxilyzer machine and blew a 0.028%. 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. 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 Loveland Police Department was hit with many negative headlines related to the rough arrest of Karen Garner, a 73-year-old suffering from dementia who's only five feet tall and weighs. 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. 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. Something like "Redefine the Police" might have been better. NISP opponents sue Larimer County commissioners over permit approval, Your California Privacy Rights / Privacy Policy. 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. arrested him for refusing to answer questions as a witness about a motorcycle crash outside a Loveland bar Sept. 22,2019. View this page in Standard (full site) format. 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. Without intervention, this self-serving scam will continue and the wake of innocent citizens whose lives are destroyed by it will continue to grow.. Ashe twisted Sowls arm behind his back and pushed his face into the ground, according to a civil rights lawsuit. 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. Austin Hopp, the officer who threw Ms. Garner, pleaded guilty to assaulting her in March and was sentenced to five years in prison. But the fact that it doesnt tells the whole story. 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. Another officer, according to Talmadge, slammed him to the ground where his "head bounced off the concrete." 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. 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 suit claims that S.S. believed Hall had been cheating on her, so she summoned up the courage to confront him. During this interaction, the suit says, she demanded he return several items of her property and, after he said they had never been dating so he wasnt actually cheating on her, she slapped him and left on her bike, sobbing. All Rights Reserved. We hope you will find useful information in the links on the left. Don't Threaten. We provide you with the latest news and videos straight from the Mile High City! Updated: 4:50 PM MDT June 15, 2022 LOVELAND, Colo. The City of Loveland announced Wednesday the independent review of the 2020 arrest of a 14-year-old girl and tasing of her father after a. (Courtesy of the Life and Liberty Law Office) The suit adds that, per. 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. 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 . 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 city said Ashe violated three department policies and procedures:. 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. each comment to let us know of abusive posts. 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. 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. Example video title will go here for this video. Talmadge allegedly told responding officers what had happened and they left. racist or sexually-oriented language. 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. 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 city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. 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. 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. Once in the driveway, an unidentified officer reportedly told Talmadge to face the garage, prompting Talmadge to ask if he was under arrest. 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. 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. Phil Metzler, have been. The lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. Keep it Clean. The Loveland City Attorney's Office did not respond to a request for comment as of Thursday afternoon. The suit claims Sychla also attempted to conduct a hold maneuver to stop Siers, an attempt that was unsuccessful. And it claims that Dunlap and Wood arrested the girl without a warrant and used excessive force. 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 arrest startled her father, Jon Siers, who repeatedly told the officers that what they were doing was completely wrong, the lawsuit states. Im not talking to nobody.. 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.. Police were . January 27, 2021 / 4:46 PM The officers then approached Mr. Siers and asked him to stop resisting, according to the body camera footage. Get browser notifications for breaking news, live events, and exclusive reporting. Notifications can be turned off anytime in the browser settings. had 6 out of 6 clues of impairment and he blew a 0.042% on a preliminary breath test; he was arrested for DUI. As S.S. watched this from a few feet away, she began having a panic attack, the lawsuit states. 9NEWS is not naming the witness because he is not being accused of a crime. 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. The ordeal was enough for someone to call Loveland police to the scene, according to the lawsuit. 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. 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 lawsuit states that Officers Wood and Dunlap slammed her into the concrete stairway outside the home and pushed her against a brick wall. That night Gates pulled Elias over in Fort Collins and, ultimately, Gates arrested Elias for DUI. 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.

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