Citizen Report No. 1673045152 - 601113647

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?” 

NOTICE: The Life & Liberty Law Office DOES authorize the use, reuse, republication and retransmission of this video above for public interest and reporting purposes.

Findings of Internal Affairs Investigation #2021-03:

Officer Hopp violation of LPD Policy:

11.04 is SUSTAINED.

“Officer Hopp's use of force against Karen Garner during her arrest was unreasonable and excessive. I must note Officer Hopp resigned from the Loveland Police Department and faced criminal charges concerning this incident. Officer Hopp pled guilty to second-degree assault in Larimer County Court and received a five-year prison sentence and three years parole for his actions.“

11.35 is SUSTAINED

“Officer Hopp failed to recognize signs and symptoms Ms. Garner demonstrated that indicated Ms. Garner may be suffering from neurocognitive disorders such as delirium, dementia, or Alzheimer's disease. Additionally, Officer Hopp made no attempt to establish a sincere relationship with Ms. Garner, while maintaining the safety and security of all persons, including Ms. Garner, throughout the encounter.”

1.03 is SUSTAINED.

“Officer Hopp used unnecessary, unreasonable, and inappropriate force against Ms. Garner. It is clear Officer Hopp knew Ms. Garner sustained a shoulder injury as evidenced by the LPD booking area video, which captured Officer Hopp showing his body-worn camera (BWC) video to Officer Jalali and CSO Blackett (in the booking area) and pointing out on the BWC video the point where there was an audible sound, i.e., a "pop" of Ms. Garner's shoulder. I must note that Officer Hopp failed to report and properly document the use of force in his Blue Team report and in his offense report.”

3.01 is SUSTAINED

“Officer Hopp's conduct and actions reflected negatively on the Department and resulted in unfavorable criticism of the Department. Additionally, Officer Hopp departed from the truth when he failed to properly document (i.e., omitted from the Blue Team and offense report) the use of force against Ms. Garner.”

Initial body worn camera footage released by attorney for Ms. Karen Garner

“Police officers who arrested a 73-year-old woman with dementia last summer in Loveland, Colorado laughed about the arrest when watching body camera video and fist-bumped each other, according to video newly released by the woman’s attorney on Monday.” — Fox 4 Now

Analyzing the legal impacts of the arrest of 2 former Loveland officers - 9NEWS

“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 being forcefully arrested for shoplifting last year, both sides said on Wednesday.” — Reuters 

Loveland Police admits to 'egregious mistakes' upon arresting 73-year-old woman with dementia — 9NEWS

"Nearly two years after allegedly breaking the arm of an elderly woman living with dementia during a controversial arrest, former Loveland Police Officer Austin Hopp was sentenced to five years in prison as part of a plea agreement to lessen his jail sentence." - CBS Colorado