Five excessive-force lawsuits against city proceed toward trial in 2025

(Photo by Getty Images; logo courtesy City of Toledo)

Five excessive-force lawsuits against the City of Toledo and a fired police officer are now scheduled for trial in 2025.

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.”

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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.”

Prior to his resignation, Howe was the focus of a KCRG-TV report that included body-camera footage of Howe conducting a March 2023 traffic stop in which he physically restrained a woman who was suspected of driving while barred.

The Tama Toledo News Chronicle subsequently posted to its YouTube channel a series of videos from traffic stops conducted by Howe, some which show Howe pushing people to the ground and repeatedly yelling, seemingly without provocation, “Stop resisting!”

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.

Each of the five lawsuits seeks unspecified damages for assault, battery, negligent supervision and civil rights violations. In each case, Howe and the city have denied any wrongdoing.

In some of the cases, a judge has approved an order that allows all of the parties in the case to designate as “confidential” any court documents that relate to an individual’s employment — including performance evaluations and disciplinary records.

Here’s a look at each of the five cases currently 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. 11, 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.”

A trial is scheduled for April 28, 2025.

— Lang Leonard of Tama County alleges that body-camera footage shows Howe and another officer slamming Leonard face first into the ground. With Howe on top of Leonard’s back, and Leonard’s hands trapped underneath his own body, Howe allegedly can be heard yelling, “Put your hands behind your back!” after which another officer yells, “Do you wanna get tased?” and Howe yells, “Taser, taser, taser!”

“Officer Howe, as he’s tasing Leonard with his full body weight on Leonard’s back, can be heard yelling, ‘Stop resisting,'” the lawsuit alleges.

A trial is scheduled for March 31, 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.”

A trial is scheduled for April 21, 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.

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