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Two lawsuits filed against former Toledo officer in federal court

CEDAR RAPIDS — A pair of lawsuits have been filed in the United States District Court for the Northern District of Iowa against the city of Toledo and former police officer Kyle Howe, who resigned in April after an investigation into multiple allegations of excessive force during traffic stops and other interactions with citizens.

Shyla Wolf, whose encounter with Howe on March 30 garnered widespread media attention and catalyzed a larger investigation into his behavior as an officer, is listed as the plaintiff in one of the cases, while Lang Leonard, whose residence was searched as part of a warrant executed on Feb. 7, is the other. Attorneys Chad Frese and Taylor Reichardt of Kaplan and Frese LLP are representing both plaintiffs.

They are seeking unspecified damages in “an amount which will fully and fairly compensate (plaintiffs) for (their) physical, mental, and emotional injuries and damages, compensatory damages, for interest and costs as allowed by law, and such other relief as may be just under the circumstances.”

Wolf’s lawsuit recounts the events of March 30, when Howe pulled her over on the edge of town and indicated he would be arresting her for driving while barred. When she made a phone call to arrange for someone to pick up her three children, she asked the officer “Why do you harass me?” — which then led to a violent confrontation that culminated with Howe forcing Wolf’s head onto his car hood and threatening to use a taser against her while the children were still present.

Her attorneys accuse Howe individually of violating Wolf’s civil rights to the right to be free from arrest without probable cause and excessive force as well as false arrest, battery and assault. Additionally, it alleges negligent supervision and training by the city along with respondeat superior, the legal doctrine that leaves Howe’s then–employer, the city, responsible for his actions on the job, and negligence by all defendants.

“Officer Howe fabricated facts to justify his use of force against Shyla Wolf,” the complaint reads. “Officer Howe’s use of force was excessive, as Shyla was not aggressive or

resisting arrest.”

According to the second court filing, Howe was part of a team that served a search warrant looking for drugs and drug paraphernalia at Leonard’s residence, and even after he complied with orders to get on the ground, Howe and another officer slammed him face first into it. The lawsuit alleges that Howe then tased Leonard for 24 seconds while continuing to slam his head into the ground, kneeing him in the back or placing him in a chokehold.

Leonard was eventually charged with interference with official acts. According to court records, the warrant execution was the second within a four–day span at Leonard’s residence.

“There was never a need for this execution of a search warrant to get physical. Officer Howe finds pleasure in hurting the citizens he swore to protect,” the lawsuit reads.

Leonard’s suit goes on to allege that the plaintiff was bleeding from his head as a result of Howe slamming it into the ground, and it accuses Howe of deleting the body camera footage of the incident and Police Chief Dan Quigley of denying that such footage ever existed. Leonard’s attorneys claim the city and the former officer are guilty of civil rights violations, false arrest, battery, assault, violation of due process and negligence, and they also accuse the city of negligent supervision and training and respondeat superior.

Quigley directed a request for comment to Toledo City Attorney Michael Marquess, who issued the following statement.

“The City of Toledo has become aware of two lawsuits that have been filed in Federal Court naming the City and some of its current and former personnel as defendants. We are unaware at this time if any other suits will be filed,” he said. “The City is working with the Klass Law Firm of Sioux City, Iowa to represent our interests. We are not able to comment further at this time.”

Frese declined to comment on behalf of the plaintiffs. Trial dates have not yet been set in the matter.

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Contact Robert Maharryat 641–753–6611 ext. 255 or rmaharry@timesrepublican.com.

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