A settlement amounting to $3 million has been reached between the City of Loveland, Colorado and a 73-year-old woman with dementia whose shoulder was dislocated by police officers during her arrest in June 2020.
Karen Garner’s attorney, Sarah Schielke, announced on Wednesday during a press conference that she has also pledged a personal donation of $50,000 for the ouster of Loveland’s chief of police, Robert Ticer.
In the federal lawsuit filed in April by Garner’s family against Loveland and its officers, they accused the police department of violating her civil rights during the time she was arrested. Garner was reported by Walmart management after allegedly walking out of the store without paying the $14 worth of items she had purchased.
Police officers responded to the report and apprehended Garner in a manner that has caused the elderly woman to dislocate her shoulder and fracture her arm.
According to CBS News, two of the officers involved in the arrest—Austin Hopp and Daria Jalali—were later charged for their conduct based on bodycam footage and surveillance cameras at the police station. Hopp was charged with second degree assault resulting in serious bodily injury, while Jalali was charged with failure to report excessive use of force.
The victim’s lawyer had earlier questioned Ticer’s inaction on the case when the police chief made a statement during a conference on May 19. He said the department had only learned of the matter nearly eight months after Garner’s arrest and that he had taken “swift action” to address the incident. However, an internal police report obtained and released by Schielke on Tuesday stated otherwise.
The report revealed that Loveland Assistant Chief of Police Ray Butler had watched bodycam footage of the arrest right after it happened. It was also stated that Butler had written that officer Hopp’s use of force against Garner was “necessary, reasonable and within policy."
During the conference, Schielke said Garner's family had chosen to settle citing that the elderly woman’s health was declining. She emphasized that the agreed settlement does not deliver full justice and that Loveland police need to change. However, the $3 million settlement is yet to be approved by a probate court. Schielke said this should be finalized within a period of two or three months.
Ticer on the other hand assured the public that the department is taking the necessary steps to build back trust. “While these actions won’t change what Ms. Garner experienced, they will serve to improve this police department and hopefully restore faith that the LPD exists to serve those who live in and visit Loveland," he explained.
Loveland Police is also facing another lawsuit under the legal representation of Schielke related to the shooting and death of a 14-month-old puppy in June 2019. The unfazed lawyer responded to Ticer’s statement and said, “My announcement is this—if Chief Ticer resigns or is fired in the next 30 days, I will donate $50,000 of my own money to any dementia or Alzheimer’s charity of his choice.”
