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HomeMy WebLinkAbout2023-cv-1341 - Erbacher v. City Of Fort Collins, et al. - 023 - Haferman Answer1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 23-cv-01341-CNS-NRN CODY ERBACHER, Plaintiff, v. CITY OF FORT COLLINS, JASON HAFERMAN, SERGEANT ALLEN HEATON, and CORPORAL REDACTED, Defendants. DEFENDANT FORMER OFFICER JASON HAFERMAN’S ANSWER TO PLAINTIFF’S COMPLAINT AND JURY DEMAND (ECF 4) Defendant, Former Officer Jason Haferman (“Officer Haferman”), by and through counsel of record, Jonathan M. Abramson, Esq. and Yulia Nikolaevskaya, Esq., of Kissinger & Fellman, P.C., hereby submits his Answer to Plaintiff’s Complaint and Jury Demand (ECF 5) (“Complaint”) as follows. I. ANSWER TO INTRODUCTION 1. Officer Haferman admits that allegations contained in Plaintiff’s Complaint are under §13-21-131, C.R.S. and 42 U.S.C. §1983 and 1988 for various forms of relief, as alleged in Paragraph 1 of the Complaint. Officer Haferman denies the remaining allegation(s) contained in Paragraph 1 of the Complaint. 2. The allegation(s) contained in Paragraph 2 of the Complaint state legal conclusions to which no response is required. To the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph 2 of the Complaint. Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 1 of 40 2 3. The allegation(s) contained in Paragraph 3 of the Complaint state legal conclusions to which no response is required. To the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph 3 of the Complaint. 4. The allegation(s) contained in Paragraph 4 of the Complaint state legal conclusions to which no response is required. To the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph 4 of the Complaint. 5. Officer Haferman admits the allegation(s) contained in Paragraph 5 of the Complaint. II. ANSWER TO PARTIES 6. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 6 of the Complaint, and, therefore, denies the same. 7. Officer Haferman denies that he continues to work in law enforcement as alleged in Paragraph 7 of the Complaint. Officer Haferman admits the remaining allegations contained in Paragraph 7 of the Complaint. 8. Officer Haferman admits that the City of Fort Collins is a governmental entity and municipality, as alleged in Paragraph 8 of the Complaint. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 8 of the Complaint, and, therefore, denies the same. 9. Officer Haferman admits that the City of Fort Collins employed him, supervised him, disciplined and trained him as alleged in Paragraph 9 of the Complaint. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 2 of 40 3 allegation(s) contained in Paragraph 9 of the Complaint, and, therefore, denies the same. 10. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 10 of the Complaint, and, therefore, deny the same. 11. Officer Haferman admits that Sergeant Allen Heaton was his supervisor over some period of time, as alleged in Paragraph 11 of the Complaint. Officer Haferman denies that he wrongfully arrested Plaintiff or anyone else for DUI, as alleged in Paragraph 11 of the Complaint. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 11 of the Complaint, and, therefore, denies the same. 12. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 12 of the Complaint, and, therefore, denies the same. III. ANSWER TO STATEMENT OF FACTS 13. Officer Haferman admits the allegation(s) contained in Paragraph 13 of the Complaint. 14. Officer Haferman admits he made DUI arrests as part of his employment with Fort Collins Police Department as alleged in Paragraph 14, including footnote 1, of the Complaint. Officer Haferman denies the remaining allegation(s) contained in Paragraph 14, including footnote 1, of the Complaint. 15. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 15 of the Complaint, and, therefore, Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 3 of 40 4 denies the same. 16. Officer Haferman admits he made DUI arrests as part of his employment with Fort Collins Police Department, as alleged in Paragraph 16 of the Complaint. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 16 of the Complaint, and, therefore, denies the same. 17. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 17 of the Complaint, and, therefore, denies the same. 18. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 18 of the Complaint, and, therefore, denies the same. 19. Officer Haferman denies the allegation(s) contained in Paragraph 19 of the Complaint. 20. Officer Haferman admits that he stopped Jacob Larkin and temporarily detained him for investigation, as alleged in Paragraph 20 of the Complaint. Officer Haferman denies that stopped and harassed Jacob Larkin because Jacob Larkin had prior contacts with law enfacement, as alleged in Paragraph 20 of the Complaint. The remaining allegation(s) contained in Paragraph 20 of the Complaint refer to the testimony contained in the transcript for Motion to Suppress Hearing and the Court’s finding during that hearing and Officer Haferman affirmatively states that the substance of that testimony and findings, contained in the transcript of that hearing, in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 20 of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 4 of 40 5 allegation(s) contained in Paragraph 20 of the Complaint. 21. The allegation(s) contained in Paragraph 21 of the Complaint refer to the testimony contained in the transcript for Motion to Suppress Hearing and the Court’s finding during that hearing and Officer Haferman affirmatively states that the substance of that testimony and findings, contained in the transcript of that hearing, in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 21 of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in Paragraph 21 of the Complaint. 22. Officer Haferman denies that he engaged in wrongful searches, seizure and arrests of citizens, as alleged in Paragraph 22, including footnote 2, of the Complaint. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 22, including footnote 2, of the Complaint, and, therefore, denies the same. 23. Officer Haferman admits that he received training with respect to administration of SFSTs (Standardized Field Sobriety Tests), as alleged in Paragraph 23 of the Complaint. Officer Haferman denies the remaining allegation(s) contained in Paragraph 23 of the Complaint. 24. Officer Haferman denies the allegation(s) contained in Paragraph 24, subsections (a) through (c), of the Complaint. 25. Officer Haferman denies the allegation(s) contained in Paragraph 25 of the Complaint. 26. Officer Haferman denies the allegation(s) contained in Paragraph 26 of the Complaint. Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 5 of 40 6 27. Officer Haferman denies the allegation(s) contained in Paragraph 27 of the Complaint. 28. Officer Haferman denies the allegation(s) contained in Paragraph 28 of the Complaint. 29. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 29 of the Complaint, and, therefore, denies the same. 30. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 30, subsections (a) through (i), of the Complaint, and, therefore, denies the same. 31. As to the allegation(s) contained in Paragraph 31, subsections (a) though (g), including footnote 3, of the Complaint, to the extent the allegation(s) refer to the substance of Officer Haferman’s BWC and reports, Officer Haferman affirmatively states that the substance of the footage of the BWC and reports in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 31, subsections (a) though (g), including footnote 3, of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in Paragraph 31, subsections (a) though (g), including footnote 3, of the Complaint. 32. Officer Haferman denies wrongfully arresting innocent people, as alleged in Paragraph 32 of the Complaint. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 32 of the Complaint, and, therefore, denies the same. 33. Officer Haferman is without knowledge or information sufficient to form a belief Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 6 of 40 7 as to the truth of the allegation(s) contained in Paragraph 33 of the Complaint, and, therefore, denies the same. 34. Officer Haferman denies making wrongful DUI arrests, as alleged in Paragraph 34 of the Complaint. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 34 of the Complaint, and, therefore, denies the same. 35. Officer Haferman denies making any wrongful DUI arrests, as alleged in Paragraph 35 of the Complaint. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 35 of the Complaint, and, therefore, denies the same. 36. Officer Haferman denies that he wrongfully arrested C.B. and all remaining allegation(s) contained in Paragraph 36 of the Complaint. 37. As to the allegation(s) contained in Paragraph 37, subsections (a) though (p), including footnote 4, of the Complaint, to the extent the allegation(s) refer to the substance of Officer Haferman’s BWC, reports and testimony presented at trial, Officer Haferman affirmatively states that the substance of the footage of the BWC, reports and testimony presented at trial in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 37, subsections (a) though (p), including footnote 4, of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in Paragraph 37, subsections (a) though (p), including footnote 4, of the Complaint. 38. Officer Haferman denies that he was not supervised by the Fort Collins Police Department, as alleged in Paragraph 38 of the Complaint. Officer Haferman is without knowledge Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 7 of 40 8 or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 38 of the Complaint, and, therefore, denies the same. 39. Officer Haferman denies that he was not supervised by the Fort Collins Police Department, as alleged in Paragraph 39 of the Complaint. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 39 of the Complaint, and, therefore, denies the same. 40. Officer Haferman denies violating the constitutional right of innocent citizens, as alleged in Paragraph 40 of the Complaint. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 40 of the Complaint, and, therefore, denies the same. 41. Officer Haferman denies the allegation(s) contained in Paragraph 41, subsections (a) through (c) of the Complaint. 42. Officer Haferman denies the allegation(s) contained in Paragraph 42 of the Complaint. 43. As to the allegation(s) contained in Paragraph 43, subsections (a) though (e), except subsection (c), of the Complaint, to the extent the allegation(s) refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 43, subsections (a) though (e), except subsection (c), of the Complaint, which are inconsistent therewith. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 43, subsection (c), of the Complaint, and, therefore, denies the same. Officer Haferman denies the Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 8 of 40 9 remaining allegation(s) contained in Paragraph 43, subsections (a) though (e), except subsection (c), of the Complaint. 44. As to the allegation(s) contained in Paragraph 44, subsections (a) though (d), except subsection (c), of the Complaint, to the extent the allegation(s) refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 44, subsections (a) though (d), except subsection (c), of the Complaint, which are inconsistent therewith. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contai ned in Paragraph 44, subsection (c), of the Complaint, and, therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained in Paragraph 44, subsections (a) though (d), except subsection (c), of the Complaint. 45. Officer Haferman denies the allegation(s) contained in Paragraph 45 of the Complaint. 46. Officer Haferman denies the allegation(s) contained in Paragraph 46 of the Complaint, including making wrongful DUI arrests. 47. Officer Haferman denies the allegation(s) contained in Paragraph 47 of the Complaint, including making wrongful DUI arrests. 48. Officer Haferman denies the allegation(s) contained in Paragraph 48 of the Complaint, including making wrongful DUI arrests. ANSWER TO WRONGFUL ARREST OF PLAINTIFF CODY ERBACHER 49. Officer Haferman denies the allegation(s) contained in Paragraph 48 of the Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 9 of 40 10 Complaint, including making wrongful DUI arrest of Plaintiff. 50. Officer Haferman denies the allegation(s) contained in Paragraph 50 of the Complaint. 51. Officer Haferman denies the allegation(s) contained in Paragraph 51 of the Complaint. 52. Officer Haferman denies the allegation(s) contained in Paragraph 52 of the Complaint. 53. Officer Haferman denies the allegation(s) contained in Paragraph 53 of the Complaint. 54. Officer Haferman admits that he asked Plaintiff to participate in field sobriety tests and Plaintiff agreed to participate as contained in Paragraph 54 of the Complaint. Officer Haferman denies the remaining allegation(s) contained in Paragraph 54 of the Complaint. 55. Officer Haferman denies the allegation(s) contained in Paragraph 55 of the Complaint. 56. Officer Haferman denies the allegation(s) contained in Paragraph 56 of the Complaint. 57. Officer Haferman denies the allegation(s) contained in Paragraph 57 of the Complaint. 58. Officer Haferman denies the allegation(s) contained in Paragraph 58 of the Complaint. 59. As to the allegation(s) contained in Paragraph 59 of the Complaint, to the extent the allegation(s) refer to the substance of cover officer’s BWC, Officer Haferman affirmatively Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 10 of 40 11 states that the substance of the footage of the BWC in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 59 of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in Paragraph 59 of the Complaint. 60. As to the allegation(s) contained in Paragraph 60 of the Complaint, to the extent the allegation(s) refer to the substance of cover officer’s BWC, Officer Haferman affirmatively states that the substance of the footage of the BWC in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 60 of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in Paragraph 60 of the Complaint. 61. Officer Haferman denies the allegation(s) contained in Paragraph 61 of the Complaint. 62. Officer Haferman admits arresting Plaintiff and offering Plaintiff a blood test which Plaintiff selected as contained in Paragraph 62 of the Complaint. Officer Haferman denies the remaining allegation(s) contained in Paragraph 62 of the Complaint. 63. Officer Haferman denies the allegation(s) contained in Paragraph 63 of the Complaint. 64. Officer Haferman denies the allegation(s) contained in Paragraph 64 of the Complaint. 65. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 65 of the Complaint, and, therefore, denies the same. Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 11 of 40 12 66. Officer Haferman denies the allegation(s) contained in Paragraph 66 of the Complaint. 67. Officer Haferman admits that he took Plaintiff for a blood draw and then to jail as contained in Paragraph 67 of the Complaint. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 67 of the Complaint, and, therefore, denies the same. 68. Officer Haferman denies the allegation(s) contained in Paragraph 68 of the Complaint. 69. Officer Haferman agrees that he did not fail to record his encounter with Plaintiff and attempted to record it as contained in Paragraph 69 of the Complaint. Officer Haferman denies the remaining allegation(s) contained in Paragraph 69 of the Complaint. 70. As to the allegation(s) contained in Paragraph 70 of the Complaint, to the extent the allegation(s) refer to the substance of cover officer’s BWC, Officer Haferman affirmatively states that the substance of the footage of the BWC in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 70 of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in Paragraph 70 of the Complaint. 71. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 71 of the Complaint, and, therefore, denies the same. 72. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 72 of the Complaint, and, therefore, Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 12 of 40 13 denies the same. 73. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 73 of the Complaint, and, therefore, denies the same. 74. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 74 of the Complaint, and, therefore, denies the same. 75. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 75 of the Complaint, and, therefore, denies the same. 76. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 76 of the Complaint, and, therefore, denies the same. 77. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 77 of the Complaint, and, therefore, denies the same. 78. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 78 of the Complaint, and, therefore, denies the same. 79. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 79 of the Complaint, and, therefore, denies the same. Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 13 of 40 14 80. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 80 of the Complaint, and, therefore, denies the same. 81. Officer Haferman denies wrongfully arresting Plaintiff, as alleged in Paragraph 81 of the Complaint. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 81 of the Complaint, and, therefore, denies the same. 82. Officer Haferman denies wrongfully arresting Plaintiff, as alleged in Paragraph 82 of the Complaint. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 82 of the Complaint, and, therefore, denies the same. ANSWER TO HAFERMAN CARRIES ON 83. As to the allegation(s) contained in Paragraph 83, subsections (a) though (h), except subsection (h), of the Complaint, to the extent the allegation(s) refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 83, subsections (a) though (h), except subsection (h), of the Complaint, which are inconsistent therewith. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 83, subsection (h), of the Complaint, and, therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained in Paragraph 83, subsections (a) though (h), except subsection (h), of the Complaint. Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 14 of 40 15 84. As to the allegation(s) contained in Paragraph 84, subsections (a) though (aa), except subsections (a) through (f), (w), (y), of the Complaint, to the extent the allegation(s) refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 84, subsections (a) though (aa), except subsections (a) through (f), (w), (y), of the Complaint which are inconsistent therewith. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 84, subsections (a) through (f), (w), (y), of the Complaint, and, therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained in Paragraph 84, subsections (a) though (aa), except subsections (a) through (f), (w), (y), of the Complaint. 85. As to the allegation(s) contained in Paragraph 85, subsections (a) though (l), except subsections (a) and (j), of the Complaint, to the extent the allegation(s) refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 85, subsections (a) though (l), except subsections (a) and (j), of the Complaint which are inconsistent therewith. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 85, subsections (a) and (j), of the Complaint, and, therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained Paragraph 85, subsections (a) though (l), except subsections (a) and (j), of the Complaint. 86. As to the allegation(s) contained in Paragraph 86, subsections (a) though (f), except Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 15 of 40 16 subsection (d), of the Complaint, to the extent the allegation(s) refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 86, subsections (a) though (f), except subsection (d), of the Complaint which are inconsistent therewith. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 86, subsection (d), of the Complaint, and, therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained Paragraph 86, subsections (a) though (f), except subsection (d), of the Complaint. 87. As to the allegation(s) contained in Paragraph 87, subsections (a) though (f), except subsection (e), of the Complaint, to the extent the allegation(s) refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 87, subsections (a) though (f), except subsection (e), of the Complaint which are inconsistent therewith. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 87, subsection (e), of the Complaint, and, therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained Paragraph 87, subsections (a) though (f), except subsection (e), of the Complaint. 88. As to the allegation(s) contained in Paragraph 88, subsections (a) though (g), except subsection (f), of the Complaint, to the extent the allegation(s) refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman affirmatively states that the substance of Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 16 of 40 17 the footage of the BWC and reports, in its entirety, speaks for itself. Officer Haf erman denies all allegation(s) contained in Paragraph 88, subsections (a) though (g), except subsection (f), of the Complaint which are inconsistent therewith. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 88, subsection (f), of the Complaint, and, therefore, denies the same. Officer Haferman denies that he lied and exaggerated in his report, as alleged in Paragraph 88, subsection (f), of the Complaint. Officer Haferman denies the remaining allegation(s) contained Paragraph 88, subsections (a) though (g), except subsection (f), of the Complaint. 89. As to the allegation(s) contained in Paragraph 89, subsections (a) though (f), except subsection (e), of the Complaint, to the extent the allegation(s) refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 89, subsections (a) though (f), except subsection (e), of the Complaint which are inconsistent therewith. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 89, subsection (e), of the Complaint, and, therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained Paragraph 89, subsections (a) though (f), except subsection (e), of the Complaint. 90. Officer Haferman admits that Harris Elias filed a lawsuit against Officer Haferman and many facts are alleged in the Complaint filed by Harris Elias as alleged in Paragraph 90 of the Complaint. Officer Haferman denies the remaining allegation(s) contained in Paragraph 90 of the Complaint. Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 17 of 40 18 91. As to the allegation(s) contained in Paragraph 91, subsections (a) though (e) except subsection (c), of the Complaint, to the extent the allegation(s) refer to the substance of Officer Haferman’s BWC and reports, Officer Haferman affirmatively states that the substance of the footage of the BWC and reports in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 91, subsections (a) though (e) except subsection (c), of the Complaint which are inconsistent therewith. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 91, subsection (c), of the Complaint, and, therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained Paragraph 91, subsections (a) though (e) except subsection (c), of the Complaint. 92. As to the allegation(s) contained in Paragraph 92, subsections (a) though (d) except subsection (e), of the Complaint, to the extent the allegation(s) refer to the substance of Officer Haferman’s BWC and reports, Officer Haferman affirmatively states that the substance of the footage of the BWC and reports in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 92, subsections (a) though (d) except subsection (e), of the Complaint which are inconsistent therewith. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 92, subsection (e), of the Complaint, and, therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained Paragraph 92, subsections (a) though (d) except subsection (e) of the Complaint. 93. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 93 of the Complaint pertaining to why Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 18 of 40 19 DA’s office immediately dismissed the case against Mr. Groves, and, therefore, denies the same. As to the remaining allegation(s) contained in Paragraph 93, of the Complaint, to the extent the allegation(s) refer to the substance of Officer Haferman’s BWC and reports, Officer Haferman affirmatively states that the substance of the footage of the BWC and reports in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 93 of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 93 of the Complaint. 94. As to the allegation(s) contained in Paragraph 94, subsections (a) through (d), of the Complaint, to the extent the allegation(s) refer to the substance of a hearing at DMV on May 26, 2022, Officer Haferman affirmatively states that the substance of the hearing depicted in the hearing transcript in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 94, subsections (a) through (d), of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 94, subsections (a) through (d), of the Complaint. ANSWER TO THE ACCESSIBLE DATA IS INCOMPLETE. 95. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 95 of the Complaint, and, therefore, denies the same. 96. Officer Haferman denies arresting and wrongfully charging citizens with DUI/DWAI as alleged in Paragraph 96, subsections (a) through (e), of the Complaint. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 96, subsections (a) through (e), of the Complaint, Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 19 of 40 20 and, therefore, denies the same. 97. Officer Haferman denies wrongful DUI arrest activity as alleged in Paragraph 97, of the Complaint. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 97, of the Complaint, and, therefore, denies the same. ANSWER TO MEDIA COVERAGE PROMPTS FCPS TO LIE, SCRAMBLE, AND GAS-LIGHT THE PUBLIC 98. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 98 of the Complaint, and, therefore, denies the same. 99. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 99 of the Complaint, and, therefore, denies the same. 100. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 100 of the Complaint, and, therefore, denies the same. 101. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 101 of the Complaint, and, therefore, denies the same. 102. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 102 of the Complaint, and, therefore, denies the same. 103. As to the allegation(s) contained in Paragraph 103, to the extent the allegation(s) Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 20 of 40 21 refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman affirmatively states that the substance of the BWC footage and reports in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 103 of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 103 of the Complaint. 104. As to the allegation(s) contained in Paragraph 104, to the extent the allegation(s) refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman affirmatively states that the substance of the BWC footage and reports in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 104 of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 104 of the Complaint. 105. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 105 of the Complaint, and, therefore, denies the same. 106. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 106, subsections (a) through (b), of the Complaint, and, therefore, denies the same. 107. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 107 of the Complaint, and, therefore, denies the same. 108. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 108 of the Complaint, and, therefore, Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 21 of 40 22 denies the same. 109. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 109 of the Complaint, and, therefore, denies the same. 110. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 110 of the Complaint, and, therefore, denies the same. 111. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 111 of the Complaint, and, therefore, denies the same. 112. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 112 of the Complaint, and, therefore, denies the same. 113. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 113 of the Complaint, and, therefore, denies the same. 114. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 114 of the Complaint, and, therefore, denies the same. 115. Officer Haferman denies having a pattern of making many wrongful DUI arrests of citizens as alleged in Paragraph 115 of the Complaint. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 22 of 40 23 Paragraph 115 of the Complaint, and, therefore, denies the same. 116. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 116 of the Complaint, and, therefore, denies the same. 117. Officer Haferman denies having a pattern of making many wrongful DUI arrests of citizens as alleged in Paragraph 117 of the Complaint. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 117 of the Complaint, and, therefore, denies the same. 118. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 118 of the Complaint, and, therefore, denies the same. 119. Officer Haferman denies having a pattern of wrongful DUI arrests of citizens as alleged in Paragraph 119 of the Complaint. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 119 of the Complaint, and, therefore, denies the same. 120. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 120 of the Complaint, and, therefore, denies the same. 121. Officer Haferman denies having a pattern of making many wrongful DUI arrests of citizens as alleged in Paragraph 121, subsections (a) through (d), of the Complaint. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 121, subsections (a) though (d), of the Complaint, Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 23 of 40 24 and, therefore, denies the same. 122. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 122 of the Complaint, and, therefore, denies the same. 123. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 123, subsections (a) though (d), of the Complaint, and, therefore, denies the same. 124. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 124 of the Complaint, and, therefore, denies the same. 125. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 125 of the Complaint, and, therefore, denies the same. 126. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 126 of the Complaint, and, therefore, denies the same. 127. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 127, including footnote 5, and subsection (b), of the Complaint, and, therefore, denies the same. 128. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 128, subsection (a) though (b), of the Complaint, and, therefore, denies the same. Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 24 of 40 25 129. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 129 of the Complaint, and, therefore, denies the same. 130. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 130 of the Complaint, and, therefore, denies the same. 131. Officer Haferman denies having a pattern of making many wrongful DUI arrests of citizens as alleged in Paragraph 131 of the Complaint. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 131 of the Complaint, and, therefore, denies the same. 132. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 132 of the Complaint, and, therefore, denies the same. 133. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 133 of the Complaint, and, therefore, denies the same. 134. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 134, subsections (a) through (c), of the Complaint, and, therefore, denies the same. 135. As to the allegation(s) contained in Paragraph 135, subsections (a)(i)-(ii) through (e), of the Complaint, to the extent the allegation(s) refer to the substance of IA investigation into Officer Haferman or substance of any recorded interviews by Officer Haferman, Officer Haferman Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 25 of 40 26 affirmatively states that the substance of IA investigation into Officer Haferman or substance of any recorded interviews by Officer Haferman in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 135, subsections (a)(i)-(ii) through (e), of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in Paragraph 135, subsections (a)(i)-(ii) through (e), of the Complaint. 136. As to the allegation(s) contained in Paragraph 136, of the Complaint, to the extent the allegation(s) refer to the substance of IA investigation into Officer Haferman or substance of any recorded interviews by Officer Haferman, Officer Haferman affirmatively states that the substance of IA investigation into Officer Haferman or substance of any recorded interviews by Officer Haferman in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 136, of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in Paragraph 136, of the Complaint. 137. Officer Haferman denies the allegation(s) contained in Paragraph 137 of the Complaint. 138. Officer Haferman denies the allegation(s) contained in Paragraph 138 of the Complaint. 139. As to the allegation(s) contained in Paragraph 139, of the Complaint, to the extent the allegation(s) refer to the substance of IA investigation into Officer Haferman or substance of any recorded interviews by Officer Haferman, Officer Haferman affirmatively states that the substance of IA investigation into Officer Haferman or substance of any recorded interviews by Officer Haferman in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 139, of the Complaint which are inconsistent therewith. Officer Haferman Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 26 of 40 27 denies the remaining allegation(s) contained in Paragraph 139, of the Complaint. 140. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 140 of the Complaint, and, therefore, denies the same. 141. As to the allegation(s) contained in Paragraph 141, of the Complaint, to the extent the allegation(s) refer to the substance of IA investigation into Officer Haferman or substance of any recorded interviews by Officer Haferman, Officer Haferman affirmatively states that the substance of IA investigation into Officer Haferman or substance of any recorded interviews by Officer Haferman in its entirety, speaks for itself. Officer Haferman den ies all allegation(s) contained in Paragraph 141, of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in Paragraph 141, of the Complaint. 142. Officer Haferman denies having a pattern of making many wrongful DUI arrests of citizens as alleged in Paragraph 142 of the Complaint. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 142 of the Complaint, and, therefore, denies the same. 143. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 143 of the Complaint, and, therefore, denies the same. 144. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 144 of the Complaint, and, therefore, denies the same. 145. Officer Haferman is without knowledge or information sufficient to form a belief Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 27 of 40 28 as to the truth of the allegation(s) contained in Paragraph 145 of the Complaint, and, therefore, denies the same. 146. Officer Haferman denies having a pattern of making many wrongful DUI arrests of citizens, lying on reports, and doing roadsides incorrectly as alleged in Paragraph 146 of the Complaint. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 146 of the Complaint, and, therefore, denies the same. 147. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 147 of the Complaint, and, therefore, denies the same. 148. Officer Haferman denies having a pattern of making many wrongful DUI arrests of citizens as alleged in Paragraph 148 of the Complaint. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 148 of the Complaint, and, therefore, denies the same. 149. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 149 of the Complaint, and, therefore, denies the same. 150. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 150 of the Complaint, and, therefore, denies the same. ANSWER TO STATEMENT OF CLAIMS FOR RELIEF ANSWER TO FIRST CLAIM FOR RELIEF Section 13-21-131, C.R.S. – Arrest Without Probable Cause Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 28 of 40 29 Violation of Colorado Constitution, Article II, Section 7 (against Defendant Haferman) 151. Officer Haferman incorporates the responses in Paragraphs 1 through 150 above as if fully set forth herein. 152. The allegation(s) contained in Paragraph 152 of the Complaint state legal conclusions to which no response is required. To the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph 152 of the Complaint. 153. The allegation(s) contained in Paragraph 153 of the Complaint state legal conclusions to which no response is required. To the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph 153 of the Complaint. 154. Officer Haferman admits that at the time of this incident he was a police officer employed by the City of Fort Collins and its Police Department as alleged in Paragraph 154 of the Complaint. Officer Haferman denies the remaining allegation(s) contained in Paragraph 154 of the Complaint. 155. Officer Haferman denies the allegation(s) contained in Paragraph 155 of the Complaint. 156. Officer Haferman denies the allegation(s) contained in Paragraph 156 of the Complaint. 157. Officer Haferman admits the allegation(s) contained in Paragraph 157 of the Complaint. 158. Officer Haferman denies the allegation(s) contained in Paragraph 158 of the Complaint. 159. Officer Haferman denies the allegation(s) contained in Paragraph 159 of the Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 29 of 40 30 Complaint. 160. Officer Haferman denies the allegation(s) contained in Paragraph 160 of the Complaint. 161. Officer Haferman denies the allegation(s) contained in Paragraph 161 of the Complaint. 162. Officer Haferman denies the allegation(s) contained in Paragraph 162 of the Complaint. ANSWER TO SECOND CLAIM FOR RELIEF 42 U.S.C. §1983 – Unlawful Arrest Without Probable Cause – Individual, Failure-to- Supervise/Train, Unconstitutional Pattern/Practice under Monell Violation of Fourth Amendment, Due Process (against Defendants Haferman, Sergeant Heaton, Corporal Redacted and Fort Collins) 163. Officer Haferman incorporates the responses in Paragraphs 1 through 162 above as if fully set forth herein. 164. The allegation(s) contained in Paragraph 164 of the Complaint state legal conclusions to which no response is required. To the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph 164 of the Complaint. 165. Officer Haferman denies the allegation(s) contained in Paragraph 165 of the Complaint. 166. Officer Haferman denies the allegation(s) contained in Paragraph 166 of the Complaint. 167. Officer Haferman denies the allegation(s) contained in Paragraph 167 of the Complaint. 168. Officer Haferman denies the allegation(s) contained in Paragraph 168 of the Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 30 of 40 31 Complaint. 169. Officer Haferman denies the allegation(s) contained in Paragraph 169 of the Complaint. ANSWER TO SERGEANT HEATON 170. The allegation(s) contained in Paragraph 170 of the Complaint pertain to Defendant Heaton and/or claims against Defendant Heaton, and, therefore, no response by Officer Haferman is required at this time. To the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph 170 of the Complaint. 171. The allegation(s) contained in Paragraph 171 of the Complaint pertain to Defendant Heaton and/or claims against Defendant Heaton, and, therefore, no response by Officer Haferman is required at this time. To the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph 171 of the Complaint. 172. Officer Haferman denies wrongfully arresting people and charging them with DUI as alleged in Paragraph 172 of the Complaint. The remaining allegation(s) contained in Paragraph 172 of the Complaint pertain to Defendant Heaton and/or claims against Defendant Heaton, and, therefore, no response by Officer Haferman is required at this time. To the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph 172 of the Complaint. 173. Officer Haferman denies wrongfully arresting people, charging them with DUI, lying on his reports, falsifying impairment indicators, administering roadsides incorrectly, and regularly tampering with or otherwise muting/disabling his bodywork camera, as alleged in Paragraph 173 of the Complaint. The remaining allegation(s) contained in Paragraph 173 of the Complaint pertain to Defendant Heaton and/or claims against Defendant Heaton, and, therefore, Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 31 of 40 32 no response by Officer Haferman is required at this time. To the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph 173 of the Complaint. 174. Officer Haferman denies wrongfully arresting people, charging them with DUI or having such pattern or practice as alleged in Paragraph 174 of the Complaint. The remaining allegation(s) contained in Paragraph 174 of the Complaint pertain to Defendant Heaton and/or claims against Defendant Heaton, and, therefore, no response by Officer Haferman is required at this time. To the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph 174 of the Complaint. 175. Officer Haferman denies wrongfully arresting people and charging them with DUI as alleged in Paragraph 175 of the Complaint. The remaining allegation(s) contained in Paragraph 175 of the Complaint pertain to Defendant Heaton and/or claims against Defendant Heaton, and, therefore, no response by Officer Haferman is required at this time. To the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph 175 of the Complaint. ANSWER TO CORPORAL REDACTED 176. The allegation(s) contained in Paragraph 176 of the Complaint pertain to Defendant Corporal Redacted and/or claims against Defendant Corporal Redacted, and, therefore, no response by Officer Haferman is required at this time. To the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph 176 of the Complaint. 177. The allegation(s) contained in Paragraph 177 of the Complaint pertain to Defendant Corporal Redacted and/or claims against Defendant Corporal Redacted, and, therefore, no response by Officer Haferman is required at this time. To the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph 177 of the Complaint. Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 32 of 40 33 178. Officer Haferman denies wrongfully arresting people, charging them with DUI, lying on his reports, falsifying impairment indicators, administering roadsides incorrectly, and regularly tampering with or otherwise muting/disabling his bodywork camera, as all eged in Paragraph 178 of the Complaint. The remaining allegation(s) contained in Paragraph 178 of the Complaint pertain to Defendant Corporal Redacted and/or claims against Defendant Corporal Redacted, and, therefore, no response by Officer Haferman is required at this time. To the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph 178 of the Complaint. 179. Officer Haferman denies wrongfully arresting people and charging them with DUI, as alleged in Paragraph 179 of the Complaint. The remaining allegation(s) contained in Paragraph 179 of the Complaint pertain to Defendant Corporal Redacted and/or claims against Defendant Corporal Redacted, and, therefore, no response by Officer Haferman is required at this time. To the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph 179 of the Complaint. 180. Officer Haferman denies wrongfully arresting people and charging them with DUI, as alleged in Paragraph 180 of the Complaint. The remaining allegation(s) contained in Paragraph 180 of the Complaint pertain to Defendant Corporal Redacted and/or claims against Defendant Corporal Redacted, and, therefore, no response by Officer Haferman is required at this time. To the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph 180 of the Complaint ANSWER TO CITY OF FORT COLLINS 181. The allegation(s) contained in Paragraph 181 of the Complaint pertain to Defendant Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 33 of 40 34 the City of Fort Collins and/or claims against Defendant the City of Fort Collins, and, therefore, no response by Officer Haferman is required at this time. To the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph 181 of the Complaint. 182. The allegation(s) contained in Paragraph 182 of the Complaint pertain to Defendant the City of Fort Collins and/or claims against Defendant the City of Fort Collins, and, therefore, no response by Officer Haferman is required at this time. To the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph 182 of the Complaint. 183. The allegation(s) contained in Paragraph 183 of the Complaint pertain to Defendant the City of Fort Collins and/or claims against Defendant the City of Fort Collins, and , therefore, no response by Officer Haferman is required at this time. To the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph 183 of the Complaint. 184. Officer Haferman denies wrongfully arresting people and charging them with DUI, as alleged in Paragraph 184 of the Complaint. The remaining allegation(s) contained in Paragraph 184 of the Complaint pertain to Defendant the City of Fort Collins and/or claims against Defendant the City of Fort, and, therefore, no response by Officer Haferman is required at this time. To the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph 184 of the Complaint 185. The allegation(s) contained in Paragraph 185 of the Complaint pertain to Defendant the City of Fort Collins and/or claims against Defendant the City of Fort Collins, and, therefore, no response by Officer Haferman is required at this time. To the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph 185 of the Complaint. 186. The allegation(s) contained in Paragraph 186 of the Complaint pertain to Defendant Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 34 of 40 35 the City of Fort Collins and/or claims against Defendant the City of Fort Collins, and, therefore, no response by Officer Haferman is required at this time. To the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph 186 of the Complaint. 187. The allegation(s) contained in Paragraph 187 of the Complaint pertain to Defendant the City of Fort Collins and/or claims against Defendant the City of Fort Collins, and, therefore, no response by Officer Haferman is required at this time. To the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph 187 of the Complaint. 188. The allegation(s) contained in Paragraph 188 of the Complaint pertain to Defendant the City of Fort Collins and/or claims against Defendant the City of Fort Collins, and, therefore, no response by Officer Haferman is required at this time. To the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph 188 of the Complaint. 189. The allegation(s) contained in Paragraph 189 of the Complaint pertain to Defendant the City of Fort Collins and/or claims against Defendant the City of Fort Collins, and, therefore, no response by Officer Haferman is required at this time. To the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph 189 of the Complaint. ANSWER TO THIRD CLAIM FOR RELIEF Section 13-21-131, C.R.S. – Violation of Due Process Malicious Prosecution Violation of Colorado Constitution, Article II, Section 25 (against Defendant Haferman) 190. Officer Haferman incorporates the responses in Paragraphs 1 through 189 above as if fully set forth herein. 191. Officer Haferman admits that at the time of this incident he was a police officer employed by the City of Fort Collins and its Police Department as alleged in Paragraph 191 of the Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 35 of 40 36 Complaint. Officer Haferman denies the remaining allegation(s) contained in Paragraph 191 of the Complaint. 192. The allegation(s) contained in Paragraph 192 of the Complaint state legal conclusions to which no response is required. To the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph 192 of the Complaint. 193. Officer Haferman denies the allegation(s) contained in Paragraph 193 of the Complaint. 194. Officer Haferman denies the allegation(s) contained in Paragraph 194 of the Complaint. 195. Officer Haferman denies the allegation(s) contained in Paragraph 195 of the Complaint. 196. Officer Haferman denies the allegation(s) contained in Paragraph 196 of the Complaint. 197. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 197 of the Complaint, and, therefore, denies the same. 198. Officer Haferman denies the allegation(s) contained in Paragraph 198 of the Complaint. ANSWER TO FOURTH CLAIM FOR RELIEF 42 U.S.C. §1983 – Malicious Prosecution Fourth Amendment, Due Process Violations (against Defendant Haferman) 199. Officer Haferman incorporates the responses in Paragraphs 1 through 198 above as if fully set forth herein. Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 36 of 40 37 200. Officer Haferman denies the allegation(s) contained in Paragraph 200 of the Complaint. 201. Officer Haferman denies the allegation(s) contained in Paragraph 201 of the Complaint. 202. Officer Haferman denies the allegation(s) contained in Paragraph 202 of the Complaint. 203. Officer Haferman denies the allegation(s) contained in Paragraph 203 of the Complaint. 204. Officer Haferman denies the allegation(s) contained in Paragraph 204 of the Complaint. 205. Officer Haferman denies the allegation(s) contained in Paragraph 205 of the Complaint. ANSWER TO PRAYER FOR RELIEF The Prayer for Relief does not call for a response. To the extent a response is required, Officer Haferman denies any allegation(s) contained in the Prayer for Relief, including subparts (a) through (h). GENERAL DENIAL Officer Haferman denies each and every allegation not specifically admitted herein. AFFIRMATIVE DEFENSES 1. Plaintiff’s Complaint fails to state a valid claim upon which relief may be granted. 2. Officer Haferman, to the extent properly sued in his individual capacity, is entitled to Qualified Immunity inasmuch as his actions did not violate the constitutional rights of Plaintiff, Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 37 of 40 38 did not violate clearly established law at the time of the events at issue, and were undertaken with a good faith belief in the lawfulness of his actions. The actions of Officer Haferman were objectively reasonable under the circumstances with which Officer Haferman was confronted. 3. Officer Haferman was lawfully exercising his Public Duties in accordance with § 18-1-701, C.R.S. Further, Officer Haferman was properly exercising his police powers and the authority vested in him by virtue of §§ 16-3-101, 16-3-102, 16-3-103, 18-1-701, and 18-1-707, C.R.S., at all times pertinent to the incident complained of. 4. Subject matter jurisdiction is lacking inasmuch as Plaintiff’s claims fail to rise to the level of a deprivation of federal constitutional rights. 5. Plaintiff’s damages, if any, are not to the extent and nature as alleged by Plaintiff. 6. Plaintiff’s damages, if any, were not approximately caused by any act or omission of Officer Haferman. 7. At all times material, Plaintiff was accorded all rights, privileges and immunities guaranteed them by the Constitution and laws of the United States of America and Colorado Constitution. 8. Plaintiff’s claims against Officer Haferman are substantially frivolous and groundless, entitling Officer Haferman to recover his reasonable expenses, including attorneys' fees, pursuant to 42 U.S.C. §1988 and Fed. R. Civ. P. Rule 11. 9. Officer Haferman is entitled to qualified immunity. 10. Plaintiff has failed to reasonably mitigate his damages, if any, and has failed to exercise due diligence in an effort to mitigate his damages, and to the extent of such failure to mitigate, any damages awarded to Plaintiff should be reduced accordingly. Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 38 of 40 39 11. Officer Haferman reserves the right to assert any and all additional affirmative defenses. JURY DEMAND Officer Haferman hereby demands that this case be tried to a jury pursuant to Fed. R. Civ. P. 38. Dated this 21st day of August, 2023. KISSINGER & FELLMAN, P.C. /s/ Jonathan M. Abramson Jonathan Abramson, Esq. Yulia Nikolaevskaya, Esq. 3773 Cherry Creek North Drive, Suite 900 Denver, CO 80209 Telephone: 303-320-6100 Facsimile: 303-327-8601 Email: jonathan@kandf.com julie@kandf.com Attorneys for Defendant Haferman Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 39 of 40 40 CERTIFICATE OF SERVICE I hereby certify that on the 21st day of August 2023, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Sarah Schielke, Esq. (sarah@lifeandlibertylaw.com) ATTORNEY FOR PLAINTIFF Robert S. Ratner, Esq. (ratnerm@hallevans.com) Robert A. Weiner, Esq. (weinerr@hallevans.com) Katherine N. Hoffman, Esq. (hoffmank@hallevans.com) ATTORNEYS FOR DEFENDANTS CITY OF FORT COLLINS AND SERGEANT ALLEN HEATON and I hereby certify that I have mailed or served the document or paper to the following non- CM/ECF participants in the manner (mail, hand delivery, etc.) indicated by the non-participant’s name: N/A By: s/ Alexandra Smith Alexandra Smith, Paralegal Kissinger & Fellman, P.C. Case No. 1:23-cv-01341-CNS-NRN Document 23 filed 08/21/23 USDC Colorado pg 40 of 40