A Colorado attorney has has filed a federal lawsuit on behalf of an elderly woman with dementia who was aggressively arrested by police officers after she forgot to pay for items at Walmart.
Karen Garner, 73, was arrested by Loveland Police on June 26, 2020 after Walmart employees noted that she left the store with a candy bar, a can of Pepsi and a t-shirt totaling $13.38.
Store employees had stopped her at the exit and retrieved the items after refusing to let her pay, the Greeley Tribune reports.
But as she walked home cops approached a visibly confused Garner, who does not understand why she is being stopped.
A male officer is then seen dragging Garner – who is five feet tall and weighs 80 pounds – to the ground as she screams ‘I’m going home’.
Attorney Sarah Schielke from the Life and Liberty Law Office submitted the suit Wednesday, alleging Garner suffered ‘a fractured arm and a dislocated shoulder’ due to officers’ use of ‘excessive force’.
Karen Garner, 73, was arrested by Loveland Police on June 26, 2020 after Walmart employees noted that she left the store with a candy bar, a can of Pepsi and a t-shirt totaling $13.38
Garner (pictured in a photograph taken several years ago) suffers from dementia and was confused about what was going on
Schielke released police bodycam footage to the media, which shows two Loveland cops – identified as Austin Hopp and Daria Jalali – detaining Garner as she walks home down the side of a road.
Footage shows Garner being dragged face down on the ground and being placed into handcuffs by Officer Hopp just two blocks from her house.
Garner was subsequently placed up against the officers’ police car as she continued to wail ‘I’m going home!’
‘Quit it!’ Officer Jalali can be heard commanding as she pulls Garner’s arm further behind her back.
At that point, a snapping sound can be heard on the bodycam footage and Garner cries out in pain.
The lawsuit alleges that Officer Jalali fractured and dislocated Garner’s shoulder with her aggressive movement.
In another portion of the video, a driver can be seen stopping to inquire about the arrest.
‘Do you have to use that much aggression?’ the passerby asked the cops.
‘Get out of here! This is not your business!’ Officer Hopp replies.
Garner was subsequently placed up against the officers’ police car as she continued to wail ‘I’m going home!’
‘A little muddy, a little bloody, that’s how it works!’ Garner appeared terrified during the arrest
Soon after, a third officer arrives at the scene and asks ‘Are you guys all good?’
‘A little muddy, a little bloody, that’s how it works!’ Officer Jalali before confirming the blood was from Garner.
Garner was taken into custody where she was reportedly held for hours without medical attention, despite insisting she was in pain.
Photos taken in the aftermath of the arrest show the elderly Garner with a severely bruised and swollen arm. She also sustained a bloody nose.
‘It is a hard-to-watch video,’ Schielke told the Reporter-Herald.
‘It is the opposite of community policing. I thought a lot about this case as I have prepared to file it, and on paper and in the legal pleading it is an excessive-force case. In reality when you watch the video, you see this is a torture case.’
The specific amount of damages Schielke is seeking on behalf of Garner is unclear. A judge is expected to set a court date in the coming days.
Loveland Police have not made comment on the incident. The officers have reportedly not been disciplined over the arrest.
Photos taken in the aftermath of the arrest show the elderly Garner with a severely bruised and swollen arm. She also sustained a bloody nose
A photograph of Garner’s severely bruised arm is seen above
