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Five excessive violence lawsuits against city to go to trial in 2025 · Iowa Capital Dispatch

Five excessive violence lawsuits against city to go to trial in 2025 · Iowa Capital Dispatch

Five excessive force lawsuits against the city of Toledo and a fired police officer are now scheduled for 2025.

In April 2023, Toledo city officials publicly condemned one of its police officers, Kyle Howe, for several instances of excessive force. Howe resigned amid an internal investigation that involved reviewing various body camera videos involving several people he had arrested.

At the time, City Attorney Michael Marquess issued a statement saying Howe had resigned and said that upon viewing the videos, city officials were “shocked and appalled by Mr. Howe in what we believe to be multiple instances of unnecessary use of force.”

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Marquess said Howe’s actions and language did not “reflect the values ​​and integrity of the rest of the Toledo Police Department.” The city condemns Mr. Howe’s behavior in the strongest possible terms and has severed all ties with him.”

Before his resignation, Howe was the subject of a KCRG-TV report that included body camera footage of Howe conducting a traffic stop in March 2023 during which he physically restrained a woman suspected of driving while she was prohibited.

The Tama Toledo News Chronicle then posted a series of videos of Howe’s traffic stops on its YouTube channel, some showing Howe pushing people to the ground and repeatedly shouting, seemingly unprovoked, “Stop resisting!”

In September 2023, two separate lawsuits were filed against Howe and the City of Toledo in the U.S. District Court for the Northern District of Iowa, each alleging false arrest, assault, battery, negligent supervision and civil rights violations. This was followed by similar lawsuits filed by other citizens in November 2023, February 2024 and May 2024.

Each of the five lawsuits seeks unspecified damages for assault, battery, negligent supervision and civil rights violations. In each case, Howe and the city have denied any wrongdoing.

In some cases, a judge has approved an order that allows all parties involved to designate as “confidential” any court documents relating to an individual’s employment, including performance evaluations and disciplinary records.

Here is an overview of each of the five cases currently pending before the Federal Court:

-Cynthia McSweeney de Tama alleges that on March 12, 2022, Howe and fellow Toledo police officer Anthony Rodriguez went to his home to investigate an alleged theft committed by his son. After McSweeney observed her son’s arrest, she allegedly asked Howe, “What if I wanted to press charges against…” at which point Howe allegedly cut her off, grabbed her right arm and said, “You go to jail. , Also.”

The lawsuit claims Howe violently forced McSweeney to the ground, breaking his glasses and injuring his body. “Howe’s use of force was excessive, as Cynthia was not aggressive and did not resist arrest,” the lawsuit claims.

A trial is scheduled for September 11, 2025.

—Steven Horrigan72, of Chelsea, alleges that at 10 p.m. on March 21, 2023, Howe stopped Horrigan in Tama County and cited him for improper tail lights, operating or towing an unsafe vehicle and failure to yield right of way to an emergency vehicle. All citations were subsequently rejected.

The lawsuit alleges that Horrigan is 5 feet 8 inches tall; is fragile and hard of hearing; and suffers from terminal Parkinson’s disease. He claims Howe “slammed” Horrigan to the ground while shouting, “Don’t fight me” and “You didn’t put your fucking hands behind your back.” Now put your fucking hands behind your back or you’ll be assigned.

A trial is scheduled for April 28, 2025.

-Lang Leonard of Tama County alleges that body camera footage shows Howe and another officer punching Leonard face-first into the ground. With Howe on Leonard’s back and Leonard’s hands pinned under his own body, Howe could be heard yelling, “Put your hands behind your back!” after which another officer shouts, “Do you want to be subpoenaed?” » and Howe shouts, “Taser, taser, taser!”

“Officer Howe, as he throws his full weight onto Leonard’s back, can be heard yelling, ‘Stop resisting,'” the lawsuit claims.

A trial is scheduled for March 31, 2025.

— Shyla Wolf31, of Tama County, alleges she was arrested by Howe on March 30, 2023, on suspicion of driving without a valid license. While attempting to arrest Wolf, Howe’s body camera fell, but on the video released to the public, Howe can be heard yelling, “Stop resisting” and “Stop fighting or you’ll get tagged,” to which Wolf responds, “I’m not doing anything.”

A trial is scheduled for April 21, 2025.

—Brodie Clark of Tama County alleges that on May 7, 2022, Howe and another officer responded to a 911 call he made, smelled marijuana in the home and attempted to arrest him and his girlfriend. friend. According to the lawsuit, the officers attacked Clark, forcing him to the ground and breaking his ankle.

A trial is scheduled for October 6, 2025.

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