VIDEO: 73-year-old Colorado woman with dementia files civil rights lawsuit after arrest

LOVELAND, Colo. (NewsNation Now) — A police officer who arrested a 73-year-old woman with dementia, pushing her to the ground and handcuffing her, after she walked away from a store without paying for about $14 worth of items last year was placed on administrative leave Thursday pending the outcome of a police investigation into the arrest.

The moves came a day after Karen Garner filed a federal lawsuit against the city of Loveland and police officers over her June 2020 arrest. Two other officers targeted in the lawsuit — a backup officer and a supervisory sergeant — have been reassigned to administrative duties, the Loveland Police Department said.

“LPD takes very seriously the allegations concerning the arrest of resident Karen Garner, and shares with the community the concerns about video images that became public on Wednesday,” the department said in a statement.

The lawsuit, filed Wednesday, claims the arrest violations of the Americans with Disabilities Act and alleges the Loveland Police Department failed to train on the use of force on disabled, unarmed citizens.

“Nearly 20 percent of all adults of Ms. Garner’s age or more are suffering from some form of dementia,” said attorney Sarah Schielke.

According to Schielke, Garner was arrested for leaving Walmart and forgetting to pay for $13.88 worth of items. All charges were later dropped.

Police body camera video included as part of Garner’s lawsuit show an officer approaching her as she walked through a field along a road last summer where she had been picking wildflowers.

She shrugs with her arms outstretched when he questions why she did not stop despite him following her in a patrol car with his lights on, the video shows.

When she then turns her back to him and starts walking away, the video shows the officer quickly grab one of her arms, puts it behind her back and pushes her 80-pound body to the ground and puts her in handcuffs as she looks confused and repeatedly says “I am going home.”

In this undated photo provided by Allisa Swartz, is Karen Garner, who is suing Loveland, Colorado and three of its police officers over her arrest in June 2020. According to her federal lawsuit, she suffers from dementia and was arrested after leaving a Walmart without paying for about $14 in items. Police body camera video shows an officer reaching for one of her arms, putting her on the ground and handcuffing her after she started to walk away from him. The officer has been placed on leave pending an investigation. (Allisa Swartz via AP)

She initially holds on to the flowers in her restrained hands behind her back, the video shows.

When the video shows her questioning what is happening, the officer says “I told you to stop. You don’t get to act this way.”

The footage later shows Garner being held against the hood of the patrol car with her left arm bent up next to her head.

The officer implies in the video that she is trying to kick him but her legs are not visible. Soon she starts to slide down toward the ground and the video shows another officer who had recently arrived yelling: “Stand up! We’re not going to hold you!”

The release of the footage and lawsuit comes at a time of a national reckoning over police tactics during arrests, particularly against Black people. Garner and everyone involved in her arrest are white. But her lawyer, Sarah Schielke, said vulnerable people, including the disabled, can be taken advantage of by police abusing their power.

The police department said it had not received a complaint about Garner’s arrest before the lawsuit was filed. However, the body camera footage shows a man who stopped to film the arrest talking to the arresting officer and later to the sergeant to express concern about what he saw. The sergeant, talking to the man in the background, tells him: “Just because you didn’t see it doesn’t mean it didn’t happen.”

Schielke said the man was “gaslit” and questioned why anyone in Garner’s family would want to file a complaint given that reaction. To her, the sergeant’s response shows that the culture of the department, along with a lack of training, are the root problems that led to the arrest.

“It’s definitely not just a bad apple,” she said.

According to the lawsuit, Walmart employees asked Garner to return to the store when they saw her leave without paying and took the items back — a soda, a candy bar, a T-shirt, and wipe refills — denying her request to pay for the items.

Someone from Walmart then called police to report Garner and the direction she walking but said the store had not suffered a loss, the lawsuit said.

Image of Karen Garner’s arm. (Credit: THE LIFE & LIBERTY LAW OFFICE OF SARAH SCHIELKE)

The lawsuit, which seeks unspecified damages, claims that Garner suffered a dislocated shoulder but that no one sought medical help until about six hours after she was arrested when a deputy in the jail noticed she needed help.

“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,” according to the lawsuit.

“No one ever obtained mental health assistance for the observably mentally disabled Ms. Garner,” the lawsuit stated. “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.”

According to the lawsuit, forgetting to pay for items in stores is common among those with dementia. It also said Garner suffers from sensory aphasia, which impairs her ability to communicate and understand what other people are saying.

In addition to her physical injuries, the lawsuit claims Garner now experiences fear, trauma and anxiety whenever she leaves her home.

“What little freedom and happiness Ms. Garner enjoyed in her life as an elderly adult with declining mental health was, on June 26, 2020, recklessly and deliberately obliterated by the Loveland Police Department,” it said.

The Associated Press and NewsNation affiliate KDVR contributed to this report.