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The traffic stop happened in 2020, and Harris Elias’ attorney filed the lawsuit in January 2022.
LOVELAND, Colo. — The City of Loveland has agreed to pay $400,000 to settle a lawsuit filed almost two years ago with a man who claimed he was falsely arrested for DUI, the man’s attorney said on Monday.
According to the lawsuit, Harris Elias was arrested on suspicion of DUI after a traffic stop in January 2020. Loveland Police Officer William Gates pulled him over for not using a signal to change lanes and for driving 18 mph in a 45 mph zone.
The lawsuit claims Gates falsely stated he could “smell the overwhelming odor of alcohol coming from [Elias’] vehicle.” There was no odor of alcohol coming from the car. Elias completed a breath test when he was taken to the Loveland Police station and the result was 0.000% BAC. After the breath test, Gates told Elias he also needed to take a blood test, according to the lawsuit.
After his blood test also came back negative, the district attorney’s office dismissed the criminal case, said attorney Sarah Schielke, who represented Elias.
> The video above aired in January 2022.
The City of Loveland, insured through the Colorado Intergovernmental Risk Sharing Agency, agreed to a $400,000 payment to Elias to resolve the lawsuit, Schielke said. The city did not admit to any wrongdoing as part of the settlement.
“We feel the size of this particular settlement – and the fact that both the arresting officer William Gates and former Chief [Bob] Ticer are no longer at LPD – are realities which speak volumes regarding accountability we were able to accomplish here,” Schielke said in a news release.
The lawsuit claimed that Ticer purposely created a culture of competition for DUI arrests, the release said. Gates has one of the highest DUI arrest rates in the state, and the lawsuit claims Gates wrongfully arrested at least four people for DUI in the previous year.
After the lawsuit was filed in January 2022, the Loveland Police Department said any complaint leveled against their personnel is taken seriously, and Ticer had authorized an internal investigation.
9NEWS has reached out to the City of Loveland for comment on the settlement.
This story includes previous reporting by Kelly Reinke.
More 9NEWS coverage of Loveland Police:
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