Ryan McMaken – May 16, 2021
Last month, I mentioned the case of Karen Garner, a seventy-three-year-old, eighty-pound woman with dementia who was beaten by police for “resisting” arrest in June 2020. At the time, Garner was allegedly guilty of almost stealing thirteen dollars’ worth of merchandise at Walmart after apparently forgetting to pay. When confronted by store workers, Garner attempted to pay but was thrown out of the store by Walmart staff.
Garner, who was apparently confused at the time of arrest, was soon confronted by Loveland, Colorado, police officer Austin Hopp while Garner slowly walked home. Within seconds—with the help of fellow officer Daria Jalali—Hopp threw the elderly, disabled woman to the ground, breaking her arm, and dislocated her shoulder.
The officers then threw Garner in a jail cell, denying her any medical treatment, for six hours.
But the story doesn’t end there.
Lest anyone think these officers made a well-meaning error in judgment or were unaware of Garner’s injuries, we can turn to video recorded at the Loveland Police Department facility following Garner’s arrest.
Shortly after Garner’s arrest, while Garner sat ten feet away in agony in her jail cell, officers Hopp, Jalali, and police staffer Tyler Blackett proceeded to review the body cam video from Garner’s arrest.
During this period of fun and revelry—captured on the station’s video cameras, and surely occurring “on the clock”—Hopp joked about dislocating Garner’s arm and declared, “I love it!” when he heard “the pop” that was apparently audible when Hopp wrenched Garner’s arm from its socket.
Hopp, Jalali, and Blackett proceeded to enjoy several minutes of hilarity as Hopp delighted in his torture of Garner and as Jalali and Blackett giggled and looked on.
Hopp and Jalali then when on to “fist bump” to congratulate themselves for Garner’s arrest.
Clearly, Hopp, Jalali, and Blackett were quite comfortable with amusing themselves with the suffering of others, and did not appear at all concerned that they might be disciplined for refusing medical attention to a woman in their custody who was clearly known to at least one of the officers to be injured. The dislocated shoulder, of course, was in addition to Garner’s bloodied face, which had earlier been observed and commented upon by police personnel in the body cam video itself.
And it seems the officers had little reason to suspect there might be any repercussions for their sadistic and unprofessional behavior. Although these officers’ little video party took place right in the middle of the police station, and right under the nose of supervisor Philip Metzler—who can be seen walking by Hopp and Jalali as they discussed the arrest—the Loveland Police department completely ignored the incident. The video suggests no other officers questioned this behavior or regarded it as untoward in any way. Certainly, Jalali and Hopp were not going to report on each other. We now know they were in a sexual relationship at the time of Garner’s arrest.
It was only eight months later, when Garner’s attorney sued the Loveland Police Department, that the department was forced to acknowledge the video, the arrest, and its officers’ behavior. But even now, the department is hard at work sweeping the matter under the rug. The three officers most closely involved with the incident—Hopp, Jalali, and Blackett—were all allowed to resign rather than be fired. This presumably will allow these officers to retain their pension benefits and pursue work as police officers in other departments.
The chief himself has offered no sign that he will accept any responsibility for what is apparently considered acceptable behavior in his department.
Bizarrely, in the midst of all this, the arresting officers still have their defenders. For example, last week, when some Loveland residents turned out to protest, some heavily armed locals turned out to shout at protestors who were allegedly guilty of insufficiently “backing the blue.”
Of course, the taxpayers already “back the blue” every day. The police budget is well funded to the tune of approximately $25 million per year in the small, virtually crime-free suburban town of Loveland. The idea that taxpayers—taxpayers like Karen Garner—ought to be harangued for a lack of police support should boggle the mind. For generations, Loveland police officers have been well paid to police a peaceful town where rarely does any officer deal with anything resembling a gangland slaying. Countless Loveland officers retire with generous benefits. Loveland citizens have financially backed the blue to the hilt for decades.
Two Important Reforms
The Loveland case also illustrates the need for other reforms we’ve discussed here at mises.org in the past. The first needed reform is abolishing police unions—and all public sector unions, for that matter. It is likely that a central reason the police department has avoided any real disciplinary action against Hopp et al. is because it is known the police union would provide legal services to the police officers and would fight tooth and nail to keep these officers in their positions. Police unions are one of the primary institutions most responsible for keeping abusive police officers on the payroll.
Second, legal immunity for police must be ended. Fortunately, in Colorado, this is already the case, and police can be found personally liable for up to $25,000 for abusive behavior. However, this new legislation did not take effect until after Garner’s arrest.
Originally published at Mises.org. Ryan McMaken is a senior editor at the Mises Institute. He has degrees in economics and political science from the University of Colorado, and was the economist for the Colorado Division of Housing from 2009 to 2014. He is the author of Commie Cowboys: The Bourgeoisie and the Nation-State in the Western Genre.