Iowa town wins one police excessive-force case, but now faces a sixth lawsuit

A sixth excessive-force lawsuit has been filed against the City of Toledo and a fired police officer, while one of the previously filed cases has been resolved in the city’s favor.

In April 2023, Toledo city officials publicly condemned one of its police officers, Kyle Howe, for multiple instances of excessive force. Howe resigned in the midst of an internal investigation that involved a review of various body-camera videos involving several individuals he had arrested.

At the time, City Attorney Michael Marquess issued a statement indicating Howe had resigned and stated that viewing the videos, city officials were “shocked and dismayed by Mr. Howe’s abhorrent behavior in what we believe to be several instances of unnecessary force.”

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 way and has severed all ties with him.”

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

Each of the lawsuits has sought unspecified damages for assault, battery, negligent supervision and civil rights violations, with Howe and the city not admitting any wrongdoing.

Recently, one of the cases, filed by 46-year-old Lang Leonard, was decided in the city’s favor when Chief Judge C.J. Williams of the U.S. District Court for the Northern District of Iowa dismissed the case prior to trial by granting the defendants summary judgment.

In his ruling, Williams noted Leonard has a history of arrests and convictions for possession of methamphetamine, unlawful possession of a firearm, and assault causing bodily injury.

Court records show that before ruling in favor of the city and Howe, Williams viewed police body camera videos showing Howe and other officers executing a search warrant at Leonard’s house.

The videos, Williams ruled, clearly show an officer holstering a firearm and drawing a Taser as Leonard raises his hands and kneels on the ground. The officers then push Leonard to the ground and Howe begins applying his Taser to him intermittently over a span of roughly 20 seconds as other officers handcuff Leonard. After the officers complete their search, Leonard is released with no charges filed against him.

“Officer Howe’s actions were objectively reasonable and he is entitled to qualified immunity under the circumstances,” Williams ruled, while adding that Howe’s use of his Taser after Leonard was already on the ground was “a closer question.”

As to the claim of false arrest, the city had argued that Leonard’s detention in his garage during the 25-minute search was legal and did not amount to false arrest. Williams agreed and ruled the detention was “not a basis for a false-arrest claim.”

Williams also ruled Howe was not liable for battery or for assault since a police officer “may use any force which the officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm.”

As for claims that the city was negligent in supervising and training Howe, Williams ruled “there is no evidence of a deliberate indifference or tacit authorization of a pattern of unconstitutional searches and seizures … There is simply no evidence that the city did not properly train its officers.”

Williams also found that the evidence showed the city had acted, either through investigations or counseling, as soon as it became aware of issues with Howe.

New lawsuit filed, four others pending

While the Leonard case has been resolved, a sixth lawsuit against the city and Howe was filed on Feb. 6, 2025. In that case, Issaias Romero of Tama alleges that on the night of Feb. 11, 2023, he was pulled over by Howe for speeding. After learning Romero was barred from driving, Howe allegedly handcuffed Romero and then “slammed” him onto the hood of his patrol car.

Body camera footage allegedly shows Howe repeatedly screaming, “Stop resisting,” and “Stop f—ing resisting,” while pulling the handcuffed Romero backwards and then forcing him onto the gravel shoulder of the road as Romero allegedly yells, “I am not resisting,” and “I didn’t do anything.” The lawsuit alleges the video then shows Howe “smacking Issaias with his right hand” while yelling, “That’s resisting.”

Howe and the city have yet to respond to Romero’s lawsuit.

In addition to that case, there are four other lawsuits still pending in federal court:

— Cynthia McSweeney of Tama alleges that on March 12, 2022, Howe and fellow Toledo police officer Anthony Rodriguez went to her home to investigate an alleged theft by her son. After McSweeney observed her son being arrested, she allegedly asked Howe, “What if I would like to press charges against –,” at which point Howe allegedly cut her off, grabbed her right arm and told her, “You’re going to jail, too.”

The lawsuit claims Howe violently forced McSweeney to the ground, breaking her glasses and bruising her body. “Howe’s use of force was excessive, as Cynthia was not aggressive or resisting arrest,” the lawsuit alleges.

A trial is scheduled for Sept. 22, 2025.

— Steven Horrigan, 72, of Chelsea, alleges that at 10 p.m. on March 21, 2023, Howe pulled over Horrigan in Tama County and cited him for improper rear lamps, driving or towing an unsafe vehicle, and failure to yield to an emergency vehicle. All of the citations were later dismissed.

The lawsuit alleges that Horrigan stands 5 feet, 8 inches tall; is frail and hard of hearing; and suffers from terminal Parkinson’s disease. It claims that Howe “slammed” Horrigan to the ground while yelling, “Don’t f—ing fight me,” and, “You didn’t put your f—ing hands behind your back. Now put your f—ing hands behind your back or you’re gonna get tased.”

Judge Williams recently granted Howe and the city summary judgment on some of their claims but ruled the claims against Howe for excessive use of force, battery and assault, and the claims against the city for assault and battery will be resolved by a jury at trial. Currently, that trial is scheduled for April 28, 2025.

— Brodie Clark of Tama County alleges that on May 7, 2022, Howe and another officer responded to a 911 call he had made, smelled marijuana in the house, and attempted to arrest him and his girlfriend. According to the lawsuit, the officers tackled Clark, forcing him to the floor and breaking his ankle in the process. A trial is scheduled for Oct. 6, 2025.

— Shyla Wolf, 31, of Tama County, alleges she was pulled over by Howe on March 30, 2023 on suspicion of driving without a valid license. While attempting to arrest Wolf, Howe’s body camera fell off, but on the publicly disclosed video Howe can be heard shouting, “Stop resisting,” and, “Stop fighting or you’re going to get tased,” to which Wolf responds, “I’m not doing anything.”

Recently, Williams granted Howe and the city summary judgment on some of their claims but ruled the claims against Howe for excessive use of force, battery and assault, as well as the claims against the city for assault and battery will be resolved at trial, which is now scheduled for April 21, 2025.

This article first appeared in the Iowa Capital Dispatch.