Trial Magazine

Karen Garner, 73, suffered from dementia and sensory aphasia, causing her to have difficulty communicating. After she walked out of a store without paying for an item, city of Loveland police officer Austin Hopp pulled up behind her and ordered her to stop. Garner stopped but subsequently resumed walking. Hopp then allegedly grabbed her arm, twisting it behind her back. Garner, who repeatedly said that she was going home, was thrown to the ground, handcuffed, and dragged, hog-tied, toward the patrol car. Officer Daria Jalali allegedly observed Hopp’s treatment of Garner and assisted him.

Garner was taken to the police station, where she allegedly received no medical attention. She was transferred to a jail and then to a hospital, where she was diagnosed with a broken shoulder. She was charged with theft and resisting arrest, but the charges were later dropped.

Garner sued the city and several police officials, including Hopp and Jalali, alleging excessive force and violation of the Americans with Disabilities Act.

The parties settled for $3 million.

Citation: Garner v. City of Loveland, No. 1:21-CV-01035-PAB-KLM (D. Colo. Sept. 14, 2021).

Plaintiff counsel: Sarah Schielke, Loveland, Colo.