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HomeMy WebLinkAbout2023-cv-1341 - Erbacher v. City Of Fort Collins, et al. - 039 - Haferman's 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 JASON BOGOSIAN, Defendants. DEFENDANT FORMER OFFICER JASON HAFERMAN’S ANSWER TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND JURY DEMAND (ECF 33) 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 First Amended Complaint and Jury Demand (ECF 33) (“First Amended Complaint”) as follows. I. ANSWER TO INTRODUCTION 1. Officer Haferman admits that allegations contained in Plaintiff’s First Amended 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 First Amended Complaint. Officer Haferman denies the remaining allegation(s) contained in Paragraph 1 of the First Amended Complaint. 2. The allegation(s) contained in Paragraph 2 of the First Amended 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 First Amended Complaint. Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 1 of 42 2 3. The allegation(s) contained in Paragraph 3 of the First Amended Complaint state legal conclusions to which no response is required. To the extent a respon se is required, Officer Haferman denies the allegation(s) contained in Paragraph 3 of the First Amended Complaint. 4. The allegation(s) contained in Paragraph 4 of the First Amended 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 First Amended Complaint. 5. Officer Haferman admits the allegation(s) contained in Paragraph 5 of the First Amended 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 First Amended 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 First Amended Complaint. Officer Haferman admits the remaining allegations contained in Paragraph 7 of the First Amended Complaint. 8. Officer Haferman admits that the City of Fort Collins is a governmental entity and municipality, as alleged in Paragraph 8 of the First Amended 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 First Amended 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 First Amended Complaint. Officer Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 2 of 42 3 Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 9 of the First Amended 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 First Amended 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 First Amended Complaint. Officer Haferman denies that he wrongfully arrested Plaintiff or anyone else for DUI, as alleged in Paragraph 11 of the First Amended 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 First Amended Complaint, and, therefore, denies the same. 12. Officer Haferman admits that Corporal Bogosian was a Corporal with the City of Fort Collins Police Department and was at times Officer Haferman’s supervisor, as alleged in Paragraph 12 of the First Amended Complaint. Officer Haferman denies that he wrongfully arrested Plaintiff or anyone else for DUI, as alleged in Paragraph 12 of the First Amended 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 12 of the First Amended 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 First Amended Complaint. Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 3 of 42 4 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 First Amended Complaint. Officer Haferman denies the remaining allegation(s) contained in Paragraph 14, including footnote 1, of the First Amended 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 First Amended Complaint, and, therefore, 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 First Amended 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 First Amended 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 First Amended 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 First Amended Complaint, and, therefore, denies the same. 19. Officer Haferman denies the allegation(s) contained in Paragraph 19 of the First Amended Complaint. 20. Officer Haferman admits that he stopped Jacob Larkin and temporarily detained him for investigation, as alleged in Paragraph 20 of the First Amended Complaint. Officer Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 4 of 42 5 Haferman denies that stopped and harassed Jacob Larkin because Jacob Larkin had prior contacts with law enfacement, as alleged in Paragraph 20 of the First Amended Complaint. The remaining allegation(s) contained in Paragraph 20 of the First Amended 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 First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in Paragraph 20 of the First Amended Complaint. 21. The allegation(s) contained in Paragraph 21 of the First Amended 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 First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in Paragraph 21 of the First Amended 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 First Amended 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 First Amended Complaint, and, therefore, denies the same. 23. Officer Haferman admits that he received training with respect to administration of Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 5 of 42 6 SFSTs (Standardized Field Sobriety Tests), as alleged in Paragraph 23 of the First Amended Complaint. Officer Haferman denies the remaining allegation(s) contained in Paragraph 23 of the First Amended Complaint. 24. Officer Haferman denies the allegation(s) contained in Paragraph 24, subsections (a) through (c), of the First Amended Complaint. 25. Officer Haferman denies the allegation(s) contained in Paragraph 25 of the First Amended Complaint. 26. Officer Haferman denies the allegation(s) contained in Paragraph 26 of the First Amended Complaint. 27. Officer Haferman denies the allegation(s) contained in Paragraph 27 of the First Amended Complaint. 28. Officer Haferman denies the allegation(s) contained in Paragraph 28 of the First Amended 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 First Amended 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 First Amended 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 First Amended Complaint, to the extent the allegation(s) refer to the substance of Officer Haferman’s BWC and reports, Officer Haferman affirmatively states that the Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 6 of 42 7 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 First Amended 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 First Amended Complaint. 32. Officer Haferman denies wrongfully arresting innocent people, as alleged in Paragraph 32 of the First Amended 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 First Amended Complaint, and, therefore, denies the same. 33. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 33 of the First Amended Complaint, and, therefore, denies the same. 34. Officer Haferman denies making wrongful DUI arrests, as alleged in Paragraph 34 of the First Amended 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 First Amended Complaint, and, therefore, denies the same. 35. Officer Haferman denies making any wrongful DUI arrests, as alleged in Paragraph 35 of the First Amended 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 First Amended 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 First Amended Complaint. Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 7 of 42 8 37. As to the allegation(s) contained in Paragraph 37, subsections (a) though (p), including footnote 4, of the First Amended 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 First Amended 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 First Amended Complaint. 38. Officer Haferman denies that he was not supervised by the Fort Collins Police Department, as alleged in Paragraph 38 of the First Amended 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 38 of the First Amended Complaint, and, therefore, denies the same. 39. Officer Haferman denies that he was not supervised by the Fort Co llins Police Department, as alleged in Paragraph 39 of the First Amended 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 First Amended Complaint, and, therefore, denies the same. 40. Officer Haferman denies violating the constitutional right of innocent citizens, as alleged in Paragraph 40 of the First Amended 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 First Amended Complaint, and, therefore, denies the same. Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 8 of 42 9 41. Officer Haferman denies the allegation(s) contained in Paragraph 41, subsections (a) through (c) of the First Amended Complaint. 42. Officer Haferman denies the allegation(s) contained in Paragraph 42 of the First Amended Complaint. 43. As to the allegation(s) contained in Paragraph 43, subsections (a) though (e), except subsection (c), of the First Amended 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 First Amended 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 First Amended Complaint, and, therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained in Paragraph 43, subsections (a) though (e), except subsection (c), of the First Amended Complaint. 44. As to the allegation(s) contained in Paragraph 44, subsections (a) though (d), except subsection (c), of the First Amended 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 First Amended 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 44, subsection (c), of the First Amended Complaint, and, Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 9 of 42 10 therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained in Paragraph 44, subsections (a) though (d), except subsection (c), of the First Amended Complaint. 45. Officer Haferman denies the allegation(s) contained in Paragraph 45 of the First Amended Complaint. 46. Officer Haferman denies the allegation(s) contained in Paragraph 46 of the First Amended Complaint, including making wrongful DUI arrests. 47. Officer Haferman denies the allegation(s) contained in Paragraph 47 of the First Amended Complaint, including making wrongful DUI arrests. 48. Officer Haferman denies the allegation(s) contained in Paragraph 48 of the First Amended 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 First Amended Complaint, including making wrongful DUI arrest of Plaintiff. 50. Officer Haferman denies the allegation(s) contained in Paragraph 50 of the First Amended Complaint. 51. Officer Haferman denies the allegation(s) contained in Paragraph 51 of the First Amended Complaint. 52. Officer Haferman denies the allegation(s) contained in Paragraph 52 of the First Amended Complaint. 53. Officer Haferman denies the allegation(s) contained in Paragraph 53 of the First Amended Complaint. 54. Officer Haferman admits that he asked Plaintiff to participate in field sobriety tests Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 10 of 42 11 and Plaintiff agreed to participate as contained in Paragraph 54 of the First Amended Complaint. Officer Haferman denies the remaining allegation(s) contained in Paragraph 54 of the First Amended Complaint. 55. Officer Haferman denies the allegation(s) contained in Paragraph 55 of the First Amended Complaint. 56. Officer Haferman denies the allegation(s) contained in Paragraph 56 of the First Amended Complaint. 57. Officer Haferman denies the allegation(s) contained in Paragraph 57 of the First Amended Complaint. 58. Officer Haferman denies the allegation(s) contained in Paragraph 58 of the First Amended Complaint. 59. As to the allegation(s) contained in Paragraph 59 of the First Amended 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 59 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in Paragraph 59 of the First Amended Complaint. 60. As to the allegation(s) contained in Paragraph 60 of the First Amended 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 First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 11 of 42 12 contained in Paragraph 60 of the First Amended Complaint. 61. Officer Haferman denies the allegation(s) contained in Paragraph 61 of the First Amended Complaint. 62. Officer Haferman admits arresting Plaintiff and offering Plaintiff a blood test which Plaintiff selected as contained in Paragraph 62 of the First Amended Complaint. Officer Haferman denies the remaining allegation(s) contained in Paragraph 62 of the First Amended Complaint. 63. Officer Haferman denies the allegation(s) contained in Paragraph 63 of the First Amended Complaint. 64. Officer Haferman denies the allegation(s) contained in Paragraph 64 of the First Amended 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 First Amended Complaint, and, therefore, denies the same. 66. Officer Haferman denies the allegation(s) contained in Paragraph 66 of the First Amended Complaint. 67. Officer Haferman admits that he took Plaintiff for a blood draw and then to jail as contained in Paragraph 67 of the First Amended 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 First Amended Complaint, and, therefore, denies the same. 68. Officer Haferman denies the allegation(s) contained in Paragraph 68 of the First Amended Complaint. 69. Officer Haferman agrees that he did not fail to record his encounter with Plaintiff Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 12 of 42 13 and attempted to record it as contained in Paragraph 69 of the First Amended Complaint. Officer Haferman denies the remaining allegation(s) contained in Paragraph 69 of the First Amended Complaint. 70. As to the allegation(s) contained in Paragraph 70 of the First Amended 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 First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in Paragraph 70 of the First Amended 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 First Amended 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 First Amended Complaint, and, therefore, 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 First Amended 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 First Amended Complaint, and, therefore, denies the same. 75. Officer Haferman is without knowledge or information sufficient to form a belief Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 13 of 42 14 as to the truth of the allegation(s) contained in Paragraph 75 of the First Amended 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 First Amended 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 First Amended 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 First Amended 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 First Amended Complaint, and, therefore, denies the same. 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 First Amended Complaint, and, therefore, denies the same. 81. Officer Haferman denies wrongfully arresting Plaintiff, as alleged in Paragraph 81 of the First Amended 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 First Amended Complaint, and, therefore, denies the same. 82. Officer Haferman denies wrongfully arresting Plaintiff, as alleged in Paragraph 82 Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 14 of 42 15 of the First Amended 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 First Amended 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 First Amended 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 First Amended 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 First Amended 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 First Amended Complaint. 84. As to the allegation(s) contained in Paragraph 84, subsections (a) though (aa), except subsections (a) through (f), (w), (y), of the First Amended 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 First Amended 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 Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 15 of 42 16 84, subsections (a) through (f), (w), (y), of the First Amended 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 First Amended Complaint. 85. As to the allegation(s) contained in Paragraph 85, subsections (a) though (l), except subsections (a) and (j), of the First Amended 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 First Amended 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 First Amended 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 First Amended Complaint. 86. As to the allegation(s) contained in Paragraph 86, subsections (a) though (f), except subsection (d), of the First Amended 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 First Amended Complaint which are inconsistent therewith. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 16 of 42 17 allegation(s) contained in Paragraph 86, subsection (d), of the First Amended 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 First Amended Complaint. 87. As to the allegation(s) contained in Paragraph 87, subsections (a) though (f), except subsection (e), of the First Amended 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 First Amended 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 First Amended 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 First Amended Complaint. 88. As to the allegation(s) contained in Paragraph 88, subsections (a) though (g), except subsection (f), of the First Amended 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 88, subsections (a) though (g), except subsection (f), of the First Amended 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 First Amended Complaint, and, therefore, denies the same. Officer Haferman denies that he lied and exaggerated in his report, as alleged in Paragraph 88, Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 17 of 42 18 subsection (f), of the First Amended Complaint. Officer Haferman denies the remaining allegation(s) contained Paragraph 88, subsections (a) though (g), except subsection (f), of the First Amended Complaint. 89. As to the allegation(s) contained in Paragraph 89, subsections (a) though (f), except subsection (e), of the First Amended 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 First Amended 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 First Amended 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 First Amended Complaint. 90. Officer Haferman admits that Harris Elias filed a lawsuit against Officer Haferman and many facts are alleged in the First Amended Complaint filed by Harris Elias as alleged in Paragraph 90 of the First Amended Complaint. Officer Haferman denies the remaining allegation(s) contained in Paragraph 90 of the First Amended Complaint. 91. As to the allegation(s) contained in Paragraph 91, subsections (a) though (e) except subsection (c), of the First Amended 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 Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 18 of 42 19 (c), of the First Amended 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 First Amended 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 First Amended Complaint. 92. As to the allegation(s) contained in Paragraph 92, subsections (a) though (d) except subsection (e), of the First Amended 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 First Amended 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 First Amended 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 First Amended 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 First Amended Complaint pertaining to why 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 First Amended 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 Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 19 of 42 20 Paragraph 93 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 93 of the First Amended Complaint. 94. As to the allegation(s) contained in Paragraph 94, subsections (a) through (d), of the First Amended 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 First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 94, subsections (a) through (d), of the First Amended 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 First Amended 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 First Amended 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 First Amended Complaint, and, therefore, denies the same. 97. Officer Haferman denies wrongful DUI arrest activity as alleged in Paragraph 97, of the First Amended 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 First Amended Complaint, and, therefore, denies the same. Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 20 of 42 21 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 First Amended 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 First Amended 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 First Amended 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 First Amended 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 First Amended Complaint, and, therefore, denies the same. 103. As to the allegation(s) contained in Paragraph 103, 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 103 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 103 of the First Amended Complaint. Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 21 of 42 22 104. 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 First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 104 of the First Amended 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 First Amended 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 First Amended 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 First Amended 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 First Amended Complaint, and, therefore, 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 First Amended Complaint, and, therefore, denies the same. 110. Officer Haferman is without knowledge or information sufficient to form a belief Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 22 of 42 23 as to the truth of the allegation(s) contained in Paragraph 110 of the First Amended 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 First Amended 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 First Amended 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 First Amended 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 First Amended 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 First Amended 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 115 of the First Amended 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 First Amended Complaint, and, therefore, denies the same. 117. Officer Haferman denies having a pattern of making many wrongful DUI arrests of Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 23 of 42 24 citizens as alleged in Paragraph 117 of the First Amended 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 First Amended 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 First Amended 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 First Amended 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 First Amended 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 First Amended 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 First Amended 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 First Amended Complaint, 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 First Amended Complaint, and, therefore, denies the same. 123. Officer Haferman is without knowledge or information sufficient to form a belief Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 24 of 42 25 as to the truth of the remaining allegation(s) contained in Paragraph 123, subsections (a) though (d), of the First Amended 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 First Amended 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 First Amended 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 First Amended 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 First Amended 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 First Amended Complaint, and, therefore, denies the same. 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 First Amended 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 First Amended Complaint, Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 25 of 42 26 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 First Amended 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 First Amended Complaint, and, therefore, denies the same. 132. Officer Haferman is without knowledge or information sufficient to form a bel ief as to the truth of the allegation(s) contained in Paragraph 132 of the First Amended 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 First Amended 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 First Amended Complaint, and, therefore, denies the same. 135. As to the allegation(s) contained in Paragraph 135, subsections (a)(i)-(ii) through (e), of the First Amended 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 135, subsections (a)(i)-(ii) through (e), of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in Paragraph 135, subsections (a)(i)-(ii) through (e), Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 26 of 42 27 of the First Amended Complaint. 136. As to the allegation(s) contained in Paragraph 136, of the First Amended 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 First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in Paragraph 136, of the First Amended Complaint. 137. Officer Haferman denies the allegation(s) contained in Paragraph 137 of the First Amended Complaint. 138. Officer Haferman denies the allegation(s) contained in Paragraph 138 of the First Amended Complaint. 139. As to the allegation(s) contained in Paragraph 139, of the First Amended 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 Haferm an 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 First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in Paragraph 139, of the First Amended Complaint. 140. Officer Haferman is without knowledge or information sufficient to form a belief Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 27 of 42 28 as to the truth of the allegation(s) contained in Paragraph 140 of the First Amended Complaint, and, therefore, denies the same. 141. As to the allegation(s) contained in Paragraph 141, of the First Amended 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 141, of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in Paragraph 141, of the First Amended Complaint. 142. Officer Haferman denies having a pattern of making many wrongful DUI arrests of citizens as alleged in Paragraph 142 of the First Amended 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 First Amended 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 First Amended 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 First Amended Complaint, and, therefore, denies the same. 145. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 145 of the First Amended Complaint, Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 28 of 42 29 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 First Amended 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 First Amended 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 First Amended 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 First Amended 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 First Amended 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 First Amended 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 First Amended 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 Violation of Colorado Constitution, Article II, Section 7 (against Defendant Haferman) Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 29 of 42 30 151. 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 First Amended 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 First Amended Complaint. 153. The allegation(s) contained in Paragraph 153 of the First Amended 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 First Amended 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 First Amended Complaint. Officer Haferman denies the remaining allegation(s) contained in Paragraph 154 of the First Amended Complaint. 155. Officer Haferman denies the allegation(s) contained in Paragraph 155 of the First Amended Complaint. 156. Officer Haferman denies the allegation(s) contained in Paragraph 156 of the First Amended Complaint. 157. Officer Haferman admits the allegation(s) contained in Paragraph 157 of the First Amended Complaint. 158. Officer Haferman denies the allegation(s) contained in Paragraph 158 of the First Amended Complaint. 159. Officer Haferman denies the allegation(s) contained in Paragraph 159 of the First Amended Complaint. Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 30 of 42 31 160. Officer Haferman denies the allegation(s) contained in Paragraph 160 of the First Amended Complaint. 161. Officer Haferman denies the allegation(s) contained in Paragraph 161 of the First Amended Complaint. 162. Officer Haferman denies the allegation(s) contained in Paragraph 162 of the First Amended 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 Bogosian 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 First Amended 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 First Amended Complaint. 165. Officer Haferman denies the allegation(s) contained in Par agraph 165 of the First Amended Complaint. 166. Officer Haferman denies the allegation(s) contained in Paragraph 166 of the First Amended Complaint. 167. Officer Haferman denies the allegation(s) contained in Paragraph 167 of the First Amended Complaint. 168. Officer Haferman denies the allegation(s) contained in Paragraph 168 of the First Amended Complaint. Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 31 of 42 32 169. Officer Haferman denies the allegation(s) contained in Paragraph 169 of the First Amended Complaint. ANSWER TO SERGEANT HEATON 170. The allegation(s) contained in Paragraph 170 of the First Amended 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 First Amended Complaint. 171. The allegation(s) contained in Paragraph 171 of the First Amended 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 First Amended Complaint. 172. Officer Haferman denies wrongfully arresting people and charging them with DUI as alleged in Paragraph 172 of the First Amended Complaint. The remaining allegation(s) contained in Paragraph 172 of the First Amended 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 First Amended 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 First Amended Complaint. The remaining allegation(s) contained in Paragraph 173 of the First Amended Complaint pertain to Defendant Heaton and/or claims against Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 32 of 42 33 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 173 of the First Amended 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 First Amended Complaint. The remaining allegation(s) contained in Paragraph 174 of the First Amended 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 First Amended Complaint. 175. Officer Haferman denies wrongfully arresting people and charging them with DUI as alleged in Paragraph 175 of the First Amended Complaint. The remaining allegation(s) contained in Paragraph 175 of the First Amended 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 First Amended Complaint. ANSWER TO CORPORAL BOGOSIAN 176. The allegation(s) contained in Paragraph 176 of the First Amended Complaint pertain to Defendant Corporal Bogosian and/or claims against Defendant Corporal Bogosian, 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 First Amended Complaint. 177. The allegation(s) contained in Paragraph 177 of the First Amended Complaint Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 33 of 42 34 pertain to Defendant Corporal Bogosian and/or claims against Defendant Corporal Bogosian, 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 First Amended Complaint. 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 alleged in Paragraph 178 of the First Amended Complaint. The remaining allegation(s) contained in Paragraph 178 of the First Amended Complaint pertain to Defendant Corporal Bogosian and/or claims against Defendant Corporal Bogosian, 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 First Amended Complaint. 179. Officer Haferman denies wrongfully arresting people and charging them with DUI, as alleged in Paragraph 179 of the First Amended Complaint. The remaining allegation(s) contained in Paragraph 179 of the First Amended Complaint pertain to Defendant Corporal Bogosian and/or claims against Defendant Corporal Bogosian, 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 First Amended Complaint. 180. Officer Haferman denies wrongfully arresting people and charging them with DUI, as alleged in Paragraph 180 of the First Amended Complaint. The remaining allegation(s) contained in Paragraph 180 of the First Amended Complaint pertain to Defendant Corporal Bogosian and/or claims against Defendant Corporal Bogosian, and, therefore, no response by Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 34 of 42 35 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 First Amended Complaint ANSWER TO CITY OF FORT COLLINS 181. The allegation(s) contained in Paragraph 181 of the First Amended 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 181 of the First Amended Complaint. 182. The allegation(s) contained in Paragraph 182 of the First Amended 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 First Amended Complaint. 183. The allegation(s) contained in Paragraph 183 of the First Amended 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 First Amended Complaint. 184. Officer Haferman denies wrongfully arresting people and charging them with DUI, as alleged in Paragraph 184 of the First Amended Complaint. The remaining allegation(s) contained in Paragraph 184 of the First Amended Complaint pertain to Defendant the City of Fort Collins and/or claims against Defendant the City of Fort, and, therefore, no response by Officer Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 35 of 42 36 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 First Amended Complaint 185. The allegation(s) contained in Paragraph 185 of the First Amended 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 First Amended Complaint. 186. The allegation(s) contained in Paragraph 186 of the First Amended 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 186 of the First Amended Complaint. 187. The allegation(s) contained in Paragraph 187 of the First Amended 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 First Amended Complaint. 188. The allegation(s) contained in Paragraph 188 of the First Amended 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 First Amended Complaint. Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 36 of 42 37 189. The allegation(s) contained in Paragraph 189 of the First Amended 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 First Amended 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 First Amended Complaint. Officer Haferman denies the remaining allegation(s) contained in Paragraph 191 of the First Amended Complaint. 192. The allegation(s) contained in Paragraph 192 of the First Amended 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 First Amended Complaint. 193. Officer Haferman denies the allegation(s) contained in Par agraph 193 of the First Amended Complaint. 194. Officer Haferman denies the allegation(s) contained in Paragraph 194 of the First Amended Complaint. 195. Officer Haferman denies the allegation(s) contained in Paragraph 195 of the First Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 37 of 42 38 Amended Complaint. 196. Officer Haferman denies the allegation(s) contained in Paragraph 196 of the First Amended 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 First Amended Complaint, and, therefore, denies the same. 198. Officer Haferman denies the allegation(s) contained in Paragraph 198 of the First Amended 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. 200. Officer Haferman denies the allegation(s) contained in Paragraph 200 of the First Amended Complaint. 201. Officer Haferman denies the allegation(s) contained in Paragraph 201 of the First Amended Complaint. 202. Officer Haferman denies the allegation(s) contained in Paragraph 202 of the First Amended Complaint. 203. Officer Haferman denies the allegation(s) contained in Paragraph 203 of the First Amended Complaint. 204. Officer Haferman denies the allegation(s) contained in Paragraph 204 of the First Amended Complaint. Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 38 of 42 39 205. Officer Haferman denies the allegation(s) contained in Paragraph 205 of the First Amended 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 First Amended 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, 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. Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 39 of 42 40 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. 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 5th day of October, 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 Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 40 of 42 41 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 39 filed 10/05/23 USDC Colorado pg 41 of 42 42 CERTIFICATE OF SERVICE I hereby certify that on the 5th day of October 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/ Elizabeth Jackson Elizabeth Jackson, Paralegal Kissinger & Fellman, P.C. Case No. 1:23-cv-01341-CNS-NRN Document 39 filed 10/05/23 USDC Colorado pg 42 of 42