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. 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. 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. 2001 - 2023 Democratic Underground, LLC. 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. Motorcycles can be very heavy and can cause severe damage even when just tipping over while stopped. 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. The roof of a police patrol car at night, with the blue and red lights flashing. A blood test also later showed no impairing substances and the District Attorneys office dismissed the DUI charges, the complaint claims. This material may not be published, broadcast, rewritten, or redistributed. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. 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. A lawsuit filed by a Fort Collins man accuses a Loveland police officer of wrongfully arresting him on suspicion of driving under the influence in January 2020. Best practices in law enforcement will be maintained and we are committed to accountability if those standards are not upheld, he said. 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. had 6 out of 6 clues of impairment and he blew a 0.042% on a preliminary breath test; he was arrested for DUI. S.S. can then be heard yelling that she needs to get a tampon, body camera footage shows. 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.. She pretty much sticks to herself, stays at home, stays out of trouble, he 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. You know, it's just, it's horrifying, terrifying, Siers said in an interview Wednesday. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. It also included information on timed DUI arrest competitions put on by MADD that LPD is a part of. 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. This is not a bad apples event, it is the whole tree.. Anyone can read what you share. 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. Following the footage of the arrest the video stated that the event was reviewed by LPD chain of command and deemed reasonable and justified.. The Moving can be an exciting experience. Both videos can be found on the Life and Liberty Law Office YouTube page. We need you. Copyright 2022 Scripps Media, Inc. All rights reserved. City of Loveland via YouTube/ lovgov.org On September 7, the City. Notifications from this discussion will be disabled. 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. 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 city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. 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. In their motion to dismiss, the defendants submitted a police affidavit in support of Talmadge's arrest from July 6. The charges against them were eventually dismissed, Ms. Schielke said. 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. Get an email notification whenever someone contributes to the discussion. During this, the suit claims, S.S. began screaming while suffering from a panic attack. 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. I was mad. The release added the findings from this review will be made public when the investigation is completed. According to the suit, the event caused emotional and physical trauma to not only Siers and S.S. but also Skippy. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. Sowl's arrest in September 2019 was capturedon body camera footage, released by Sowl's attorney Sarah Schielke. 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. 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 Loveland Police Department officers had searched for the daughter, who is identified in the lawsuit only as S.S., after she slapped a boy in a Safeway supermarket parking lot because she believed he had been cheating on her with another girl, the lawsuit states. 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. All rights reserved. Police were . The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. 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. In a news release and in discussions with the Reporter-Herald, Schielke described the arrest as senseless and needless violence. Photo: Paul Zinken. Please avoid obscene, vulgar, lewd, 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. 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. She also represented Karen Garner and her family in that case, which led to a $3 million settlement last year. 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. Subscribe to Colorado Politics today! No racism, sexism or any sort of -ism Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. Want the real scoop? The roommate then exited the house and Talmadge soon received a call from police asking him to step outside. 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 . 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. 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 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. According to the report of an internal. Our interviews with LPD staff revealed that they would like to be more involved with community members and community organizations, but do not have time to engage in these activities or problem solving because of the Departments emphasis on its data-driven strategies and the need to produce daily numbers of enforcement actions, the complaint quotes from the report. 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 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 attorney says the injury required Sowl to undergo shoulder replacement surgery. 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. Loveland resident Pretson Sowl filed the lawsuit against the city of Loveland, Loveland Police Department and Loveland police officers Paul Ashe andBenjamin DeLima, Det. 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 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. An excessive force lawsuit filed against the Loveland Police Department has been settled for nearly $300,000. Officers Wood and Dunlap eventually got her into handcuffs and arrested her for investigation of charges of harassment, domestic violence, obstruction and resisting arrest. 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. Mr. Siers then asked the officers to stop, saying she was just a child. 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. January 27, 2021 / 4:46 PM The incident drew interest from nearby residents resulting in someone calling the LPD. 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. Talmadge's roommate reported that Talmadge assaulted him and Talmadge resisted when officers told him he was under arrest. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. Our website features subscriber-only news stories daily, designed for public policy arena professionals. Talmadge allegedly told responding officers what had happened and they left. After going through roadside tests Hill arrested Dutka and took her for a blood test. The complaint claims Gates said he could smell alcohol coming from the vehicle and that K.S. 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 vast majority of cases named in the complaint also say the charges were dismissed. 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. 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. By Keith Coffman. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. The city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. Im a canine officer, dude.. 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. The next thing Talmadge recalled was being at the hospital. Nicole Yost, a spokeswoman for the city of Loveland, said she did not know who was representing the officers. The city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. The arrest startled her father, Jon Siers, who repeatedly told the officers that what they were doing was completely wrong, the lawsuit states. I am a first responder. The city did not pay the demanded amount and the attorney subsequently released an edited version of the body-camera video to the public, the city said in a news release. Clint Schnorrand Sgt. 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. 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. Threats of harming another It was unclear if the officers had lawyers, and the Loveland Police Department did not immediately respond to calls seeking comment on Thursday. 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. RM D5WCP3 - A police officer stops cars at a special checkpoint in Berlin, Germany, 09 April 2013. They had yelled at each other, which caused someone to call the police, according to the lawsuit. 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. Permalink. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. This is not the first time the department has faced an excessive use of force lawsuit for actions of its officers. The lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. 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. 9NEWS is not naming the witness because he is not being accused of a crime. 2023 CBS Broadcasting Inc. All Rights Reserved. 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. 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. They treat animals like trash. 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. That night Gates pulled Elias over in Fort Collins and, ultimately, Gates arrested Elias for DUI. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. 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. person will not be tolerated. By: Colette Bordelon Posted at 7:17 PM, Mar 31, 2022 and last updated 6:17 PM, Mar 31, 2022 Your California Privacy Rights / Privacy Policy. Schielke also said she wanted to ensure the officers who were involved were held accountable and forced to change.. And why would they? 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.. According to the suit, S.S., who was 14 years old at the time, lived with Siers at their home in Loveland. Schielke, of the Life and Liberty Law Office, filed the original complaint in January, claiming Fort Collins resident Harris Elias was wrongfully arrested by LPD officer William Gates in early 2020 for DUI. He submitted to another breath test at the station on a certified Intoxilyzer machine and blew a 0.028%. 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. He called them back, and officers came back to his home while he was outside working on his daughters bike. As a subscriber, you have 10 gift articles to give each month. 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. Were not (going to) shoot your dog; knock it off, Sychla can be heard saying. Sady Swanson covers public safety, K-12 education and more throughout Northern Colorado. Police. 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. We provide you with the latest news and videos straight from the Mile High City! The suit adds that, per LPD policy on handcuffing, people 14 or younger should not be restrained unless they are suspected of a dangerous felony.. The Loveland City Attorney's Office did not respond to a request for comment as of Thursday afternoon. 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. 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. 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. Austin Hopp, the officer who threw Ms. Garner, pleaded guilty to assaulting her in March and was sentenced to five years in prison. 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.. 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. PLEASE TURN OFF YOUR CAPS LOCK. I was scared. 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. They hurt families and destroy lives, Schielke said in a statement. 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. Both the Garner and Sowl cases were brought to light through Schielke and the Life and Liberty Law Office. Sarah Schielke files amended wrongful DUI suit, Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Sarah Schielke files amended wrongful DUI suit against LPD officers, city of Loveland, Man charged with shooting at Larimer County deputies sentenced to 18 years in prison, Loveland, Berthoud law enforcement calls: Theft, fraud calls, Larimer County most wanted: Dallas Jacob Rusk, Larimer County Sheriff releases video summary of Nov. 21 shooting, Brought to you by Prairie Mountain Publishing, LPD announced that it would be launching an outside, professional review of its DUI enforcement program, Ramsey house in Boulder listed for sale for almost $7M, New breakfast spot serving up egg dishes in downtown Loveland, Future Legends receives liquor, entertainment license, Loveland adds new downtown festival this summer, Woods market to locate large grocery in Johnstown, In-N-Out closes on property for Loveland restaurant in Centerra, NoCo airport to decommission 4 hangars, displacing 47 planes, Ferguson High School student business wins top DECA award, Winning designs for Colorados 150th-anniversary license plates revealed, As Adderall shortage continues, DEA plans to limit some telemedicine prescriptions, House where JonBenet Ramsey was found dead listed for sale for almost $7M, Columbia University permanently drops SAT, ACT admissions requirement, The Waterbed Doctor: California retailer lays claim to retro bed with nearly 40 years of service, sales, Felonious Florida podcast: Missing teenage girl leads to several cases of child sex trafficking, Do Not Sell/Share My Personal Information. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. Last year, the city of Loveland paid a $3 million settlement to the woman, Karen Garner.
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