The city and Loveland police will pay $15,000 to end a civil rights lawsuit filed by a man questioned about carrying a holstered pistol at Lake Loveland in 2008.
“The motivation of the city of Loveland and the Police Department in settling the lawsuit for a nominal amount is to avoid the excessive cost of on-going litigation at the expense of Loveland’s taxpaying residents,” the city said in a statement.
“From the inception of the incident, Police Chief Luke Hecker has supported the actions of the involved officers and expressed that given the public location of the contact, in conjunction with the presence of other people in the park, the officers acted professionally and reasonably.”
Bill Miller, who was 72 at the time of the incident, filed suit last year alleging police violated his First, Second and Fourth amendment rights during the 30-minute stop, after which his gun was returned and he was allowed to go.
His lawyer, Nelson Boyle of Denver, said they were most pleased that the settlement includes training for officers to handle similar situations better in the future.
He said that while gun opponents might feel they shouldn’t have to be around a person legally carrying a gun because it makes them nervous, the U.S. Constitution states the “right to keep and bear arms shall not be infringed.”
“As long as the Constitution exists, our police officers have to act within it,” he said.
Boyle said Miller, meanwhile, “felt threatened that he couldn’t enjoy a sunset with a gun on his hip, which is his constitutional right.”
The lawsuit initially sought $100,000 in punitive damages.
After a person in the park called police on Oct. 7, 2008, officers approached Miller to determine if he was a threat to himself or others. The officers briefly took the gun for their safety and those in the park, the city stated.
“After determining that Mr. Miller was not a danger to himself or anyone else, the police officers returned the pistol and ammunition to Mr. Miller, and ended the contact,” the city stated.
Joey Bunch: 303-954-1174 or jbunch@denverpost.com
