Ms. Garner is 73 years old and suffers from dementia and sensory aphasia, which impairs her ability to verbally communicate and understand others’ communications. She is five feet tall and weighs 80 pounds. On the afternoon of June 26, 2020, she was walking through a field to her home two blocks away, picking wildflowers, bothering no one, when Officer Hopp pulled up behind her, and called out to her to stop and talk to him. When she indicated she did not understand him, and turned to continue walking home, he grabbed her and violently assaulted her, twisting her arms behind her back, throwing her to the ground and handcuffing her. Just eight seconds passed between Officer Hopp reaching Ms. Garner and Officer Hopp throwing her tiny body to the ground and putting her in handcuffs. Defendant Officer Jalali then arrived and assisted Officer Hopp in violently and needlessly dislocating Ms. Garner’s shoulder, fracturing her humerus, and spraining her wrist. Then they threw her onto the ground again and hog-tied her. Throughout this attack, the only thing the terrified, disabled and injured Ms. Garner was able to utter was “I’m going home!”. She cried out these words over 38 times. Supervising officer Sergeant Metzler arrived on scene in the middle of this event, approved of the brutality, helped his subordinates to cover it up, and then directed that Ms. Garner be denied access to medical care for her injuries afterward. He kept his own bodyworn camera deactivated and failed to write a report afterwards regarding the use of force, both in violation of Loveland Police’s written policies. Despite the visible dislocation of her arm from her shoulder, and Ms. Garner’s repeated complaints of pain while on scene and in the several hours she remained in their care and control that followed, none of the defendant officers nor anyone else at the Loveland Police Department ever sought medical care for Ms. Garner, in violation of Loveland Police’s written policies regarding use of force and injuries. No one ever obtained mental health assistance for the observably mentally disabled Ms. Garner. Instead, the officers handcuffed her to a cell at the station for over 2 hours, keeping her isolated and terrified, in extreme pain, and then deposited her at the Larimer County jail where they lied and said she was uninjured, which ensured she continued to not receive medical treatment for another 3 hours. Loveland’s justification for all this? Ms. Garner was suspected of having exited a Walmart without paying for $13.88 of items. Forgetting to pay for items at a store is one of the most common and well-known symptoms witnessed in elderly persons suffering from dementia. Nearly 20 percent of all adults of Ms. Garner’s age or more are suffering from some form of dementia. On 4/14/21, Ms. Garner filed a federal lawsuit alleging civil rights and ADA violations against Loveland for this incident. What little freedom and happiness Ms. Garner enjoyed in her life as an elderly adult with declining mental health was, on June 26, 2020, obliterated by the Loveland Police Department. She has become withdrawn, depressed, afraid to go outdoors. She has lost most functional use of her left arm and now requires assistance to shower and get dressed. The district attorney’s office completely dismissed the case and charges against her. And despite the entire event being captured on bodyworn cameras, not one officer or supervisor involved in the violations of her civil rights at Loveland has been disciplined. “Ms. Garner’s experience with Loveland Police is not about bad apples,” says her attorney, Sarah Schielke. “It is about culture. And the culture in Loveland is one of lack of care, lack of humility. Loveland Police officers have enrobed themselves with a completely unaccountable authoritarian superiority. They demand total obedience and submission from everyone – including the disabled elderly – and if you don’t immediately capitulate, they will make you pay for it.” “This is not community policing. This is community terrorism,” says Schielke. “Ms. Garner is one of the most vulnerable members of our community – a mother, a grandmother, a tiny, frail human with cognitive disabilities – and they treated her like an animal.” “And,” adds Schielke, “if this is what they’re doing to a terrified elderly lady with dementia, what do you think they’re doing to everyone else?”
Colorado Cop Breaks Arm of Elderly Lady With Dementia in Bodycam Video
A lawsuit has been filed against a Colorado police department over claims their officers used excessive force during the arrest of a 73-year-old woman.
Civil rights attorney Sarah Schielke, of The Life & Liberty Law Office, filed the lawsuit Wednesday on behalf of Karen Garner, who was detained by the Loveland Police Department in June 2020.
The suit claims Garner, who has dementia, suffered a dislocated shoulder, broken arm and other injuries when she was arrested on suspicion of shoplifting $13.88 worth of items from a Walmart close to her Loveland home.
https://www.newsweek.com/loveland-police-arrest-woman-dementia-1583899
Loveland police face excessive force lawsuit in arrest of disabled 73-year-old woman
A federal civil rights lawsuit has been filed against Loveland police over the arrest of a 73-year-old woman with dementia last summer.
The lawsuit alleges Loveland police officers Austin Hopp and Daria Jalali and Sgt. Philip Metzler used excessive force when they arrested Karen Garner in June 2020 on suspicion of stealing $13.88 worth of merchandise from Walmart.
During the arrest, officers dislocated Garner’s shoulder, fractured her arm and sprained her wrist, according to the lawsuit filed by attorney Sarah Schielke.
The arresting officer in the case — Hopp — has been placed on administrative leave pending the outcome of an internal investigation, Loveland police said in a statement Thursday. Jalali and Metzler have also been reassigned to administrative duties.
"LPD takes very seriously the allegations concerning the arrest of resident Karen Garner, and shares with the community the concerns about video images that became public on Wednesday," the statement said.
Garner suffers from dementia and sensory aphasia, which impairs her ability to verbally communicate and understand others, Schielke said in a news release this week.
More:Colorado law's 'loopholes' keep unknown number of police internal investigations secret
On June 26, 2020, Garner allegedly walked out of Walmart with some items without paying, according to the news release. People with dementia can unknowingly walk out of stores with items without paying, according to the Alzheimer's Association. In the organization's brochure with tips for first responders, it recommends attempting to resolve the situation with the store manager instead of arresting the individual.
n footage shared by Schielke with the media, employees are seen stopping Garner outside the front of the store and having her come back in to return the merchandise. She attempted to pay, according to Schielke, who said staff wouldn’t let her and asked her to leave.
Walmart called police to report the incident, according to the lawsuit, but "informed Loveland that Ms. Garner was elderly, small and petite, that she was headed eastbound, and that they had suffered no actual loss because they had retrieved the merchandise from her."
Hopp responded to the call. Schielke's office shared his unedited body-worn camera footage with the media.
https://www.coloradoan.com/story/news/2021/04/15/lawsuit-filed-against-loveland-police-northern-colorado-elderly-womans-arrest/7239401002/
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