The city of Loveland will pay Karen Garner $3 million to settle a lawsuit brought on by her violent arrest in 2020, the city announced Wednesday.

Once finalized, the settlement will end Garner’s pending federal lawsuit from her arrest by officers with the Loveland Police Department.  Two officers will still face criminal charges.

Garner, who has dementia, was arrested after she was accused of stealing less than $15 worth of items from a Walmart store. She was 73 at the time.

While arresting Garner, the officers broke her arm and dislocated her shoulder. The incident came to light in April after attorney Sarah Schielke filed a lawsuit.

“The settlement with Karen Garner will help bring some closure to an unfortunate event in our community but does not upend the work we have left to do. We extend a deep and heartfelt apology to Karen Garner and her family for what they have endured as a result of this arrest,” said Loveland City Manager Steve Adams.

“We know we did not act in a manner that upholds the values, integrity, and policies of the City and police department, and we are taking the necessary steps to make sure these actions are never repeated.”

Two officers, Austin Hopp and Daria Jalali still face criminal charges in the case. Both are no longer with the department.

The most serious charge against Hopp is felony assault of an at-risk person, while Jalali faces charges of failure to intervene and to report excessive use of force by a peace officer.

The city and Garner agreed the settlement will be without the admission of liability and prevents further litigation.

Schielke said at a news conference Wednesday they chose to settle the case because of Garner’s worsening health in light of the reality that litigation often lasts years. They have said the trauma of the violent encounter with police accelerated Garner’s dementia and health decline.

Schielke, acccompanied by Garner’s daughter, daughter-in-law and grandson, said they came across a letter Garner wrote a few years ago when the onset of her dementia had just begun and she was signing over power of attorney.

Garner wrote she felt alone and sensed the world getting “crueler,” Schielke said.

“Don’t make it any rougher for yourselves by living in the past. Look out the front window. Don’t dwell on what’s in the rearview mirror,” she said Garner wrote.

The settlement money will help fund the round-the-clock care Garner now requires. But her daughter-in-law Shannon Steward said Garner has not spoken of the encounter with police since the morning after it happened. She said her mother-in-law’s caregivers have advised her family not to discuss it with her unless Garner brings it up to avoid aggravating her post-traumatic stress disorder from the incident, and so they have not communicated with her about the settlement, Steward said.

“So our focus is on Karen getting her tapioca pudding …. Karen getting fresh flowers in her room, visiting her weekly, and taking care of her day-to-day living,” she said.

“There is no excuse, under any circumstances, for what happened to Ms. Garner,” Loveland police Chief Bob Ticer said. “We have agreed on steps we need to take to begin building 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.”

Ticer said the police department has made several changes to policy and practices after the arrest, including:

• An updated and improved use-of-force review process that will include faster response times and review by an assistant city attorney as well as City of Loveland human resources personnel.
• Plans to launch “LPD Listens” tours, where residents can share and engage with Loveland Police Department command staff.
• Collaboration with City Council on ways to expand and enhance the police department’s mental health co-responder program with SummitStone Health Partners.

But Shielke condemned Ticer’s statements and continued to call for his resignation or firing, saying the police department needs a change in leadership to begin uprooting the “seeds of the rotten tree that is the Loveland Police Department.”

She said she would donate $50,000 to an Alzheimer’s or dementia charity of Ticer’s choice if he resigns or is fired in the next 30 days. Police department spokesperson Tom Hacker told The Denver Gazette that Ticer won’t resign, but added that Ticer said it’s “admirable” anyone would want to donate that amount to such a charity.

Schielke also called for the ousting of Philip Metzler, the supervising sergeant on scene who approved of the force used on Garner.

Ticer has said he did not learn about the incident’s seriousness until Schielke filed the federal lawsuit. But according to an internal report released Tuesday by Schielke, assistant police chief Ray Butler reviewed body-worn camera footage, the use of force report and photographs around August 2020 and deemed the force used against Garner was reasonable, necessary and within policy.

Schielke said she expects the mechanics of the settlement to take a few months, which requires approval in probate court ad the appointment of a conservator because of Garner’s incapacitation. Once that process finishes, she said, a check will be issued within two weeks.