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HomeMy WebLinkAbout2023-cv-1343 - Elias v. City of Fort Collins, et al. - 048 - Haferman Answer Am Compl1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 23-cv-01343-GPG-KLM HARRIS ELIAS, 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 45) 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 45) (“First Amended Complaint”) as follows. ANSWER TO INTRODUCTION 1. As to the allegation(s) contained in Paragraph 1 of the First Amended Complaint, Officer Haferman admits the allegations are under §13-21-131, C.R.S. and 42 U.S.C. §§1983 and 1988 for various forms of relief. 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 Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 1 of 58 2 Haferman denies the allegation(s) contained in Paragraph 2 of the First Amended Complaint. 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 response 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. 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. As to the allegation(s) contained in Paragraph 8 of the First Amended Complaint, Officer Haferman admits the City of Fort Collins is a governmental entity and municipality. 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. As to the allegation(s) contained in Paragraph 9 of the First Amended Complaint, Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 2 of 58 3 Officer Haferman admits the City of Fort Collins employed him, supervised him, disciplined and trained him. Officer 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. As to the allegation(s) contained in Paragraph 11 of the First Amended Complaint, Officer Haferman admits that Sergeant Allen Heaton was his supervisor over some period of time. Officer Haferman denies that he wrongfully arrested Plaintiff or anyone else for DUI. 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. Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 3 of 58 4 ANSWER TO STATEMENT OF FACTS 13. Officer Haferman admits the allegation(s) contained in Paragraph 13 of the First Amended Complaint. 14. As to the allegation(s) contained in Paragraph 14, including footnote 1, of the First Amended Complaint, Officer Haferman admits he made DUI arrests as part of his employment with the Fort Collins Police Department. 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. As to the allegation(s) contained in Paragraph 16 of the First Amended Complaint, Officer Haferman admits he made DUI arrests as part of his employment with the Fort Collins Police Department. 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 Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 4 of 58 5 Amended Complaint. 20. As to the allegation(s) contained in Paragraph 20 of the First Amended Complaint, Officer Haferman admits that he stopped Jacob Larkin and temporarily detained him for investigation. Officer Haferman denies he stopped and harassed Jacob Larkin because Jacob Larkin had prior contacts with law enforcement. The remaining allegation(s) contained in Paragraph 20 of the First Amended Complaint refer to testimony contained in the transcript from a Motion to Suppress Hearing, and the Court’s findings during that hearing. Officer Haferman affirmatively states that the substance of the testimony and findings contained in the transcript from that hearing, in its entirety, speak for themselves. 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 testimony contained in the transcript from a Motion to Suppress Hearing, and the Court’s findings during that hearing. Officer Haferman affirmatively states that the substance of the testimony and findings contained in the transcript from that hearing, in its entirety, speak for themselves. 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. As to the allegation(s) contained in Paragraph 22, including footnote 2, of the First Amended Complaint, Officer Haferman denies that he engaged in wrongful searches, seizure and arrests of citizens. Officer Haferman is without knowledge or information sufficient to form a Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 5 of 58 6 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. As to the allegation(s) contained in Paragraph 23 of the First Amended Complaint, Officer Haferman admits that he received training with respect to administration of SFSTs (Standardized Field Sobriety Tests). 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, including 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 admits the allegation(s) contained in Paragraph 29 of the First Amended Complaint. 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), Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 6 of 58 7 including footnote 3, 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 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. As to the allegation(s) contained in Paragraph 32 of the First Amended Complaint, Officer Haferman denies wrongfully arresting innocent people. 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. As to the allegation(s) contained in Paragraph 34 of the First Amended Complaint, Officer Haferman denies making wrongful DUI arrests. 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. As to the allegation(s) contained in Paragraph 35 of the First Amended Complaint, Officer Haferman denies making any wrongful DUI arrests. 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. Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 7 of 58 8 36. As to the allegation(s) contained in Paragraph 36 of the First Amended Complaint, Officer Haferman denies that he wrongfully arrested C.B. Officer Haferman denies all remaining allegation(s) contained in Paragraph 36 of the First Amended Complaint. 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 footage, 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. As to the allegation(s) contained in Paragraph 38 of the First Amended Complaint, Officer Haferman denies that he was not supervised by the Fort Collins Police Department. 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. As to the allegation(s) contained in Paragraph 39 of the First Amended Complaint, Officer Haferman denies that he was not supervised by the Fort Collins Police Department. 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. Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 8 of 58 9 40. As to the allegation(s) contained in Paragraph 40 of the First Amended Complaint, Officer Haferman denies violating the constitutional right of innocent citizens. 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. 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 Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 9 of 58 10 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, 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. As to the allegation(s) contained in Paragraph 45, subsections (a) though (e), 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 45, subsections (a) though (e), 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 allegation(s) contained in Paragraph 45, subsection (d), of the First Amended Complaint, and, therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained in Paragraph 45, subsections (a) though (e), except subsection (d), of the First Amended Complaint. 46. As to the allegation(s) contained in Paragraph 46, 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 46, subsections (a) though (h), except Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 10 of 58 11 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 46, subsection (h), of the First Amended Complaint, and, therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained in Paragraph 46, subsections (a) though (h), except subsection (h), of the First Amended Complaint. 47. As to the allegation(s) contained in Paragraph 47, 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 47, 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 47, 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 47, subsections (a) though (aa), except subsections (a) through (f), (w), (y), of the First Amended Complaint. 48. As to the allegation(s) contained in Paragraph 48, 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 48, subsections (a) though (l), except Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 11 of 58 12 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 47, subsections (a) and (j), of the First Amended Complaint, and, therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained Paragraph 48, subsections (a) though (l), except subsections (a) and (j), of the First Amended Complaint. 49. As to the allegation(s) contained in Paragraph 49, 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 49, 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 allegation(s) contained in Paragraph 49, subsection (d), of the First Amended Complaint, and, therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained Paragraph 49, subsections (a) though (f), except subsection (d), of the First Amended Complaint. 50. As to the allegation(s) contained in Paragraph 50, 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 50, subsections (a) though (f), except subsection (e), of the First Amended Complaint which are inconsistent therewith. Officer Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 12 of 58 13 Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 50, subsection (e), of the First Amended Complaint, and, therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained Paragraph 50, subsections (a) though (f), except subsection (e), of the First Amended Complaint. 51. As to the allegation(s) contained in Paragraph 51, 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 51, 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 51, 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 51, subsection (f), of the First Amended Complaint. Officer Haferman denies the remaining allegation(s) contained Paragraph 51, subsections (a) though (g), except subsection (f), of the First Amended Complaint. 52. As to the allegation(s) contained in Paragraph 52, 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 52, subsections (a) though (f), except subsection (e), of the First Amended Complaint which are inconsistent therewith. Officer Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 13 of 58 14 Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 52, subsection (e), of the First Amended Complaint, and, therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained Paragraph 52, subsections (a) though (f), except subsection (e), of the First Amended Complaint. 53. Officer Haferman denies the allegation(s) contained in Paragraph 53 of the First Amended Complaint. 54. Officer Haferman denies the allegation(s) contained in Paragraph 54 of the First Amended Complaint, including making wrongful DUI arrests. 55. Officer Haferman denies the allegation(s) contained in Paragraph 55 of the First Amended Complaint, including making wrongful DUI arrests. 56. Officer Haferman denies the allegation(s) contained in Paragraph 56 of the First Amended Complaint, including making wrongful DUI arrests. ANSWER TO HAFERMAN’S WRONGFUL ARREST OF PLAINTIFF HARRIS ELIAS 57. Officer Haferman denies the allegation(s) contained in Paragraph 57 of the First Amended Complaint, including making wrongful DUI arrests of Plaintiff or S.J. 58. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 58 of the First Amended Complaint, and, therefore, denies the same. 59. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 59 of the First Amended Complaint pertaining to where Plaintiff was coming from and where Plaintiff was going, and, therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained in Paragraph 59 Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 14 of 58 15 of the First Amended Complaint, 60. As to the allegation(s) contained in Paragraph 60 of the First Amended Complaint, Officer Haferman admits activating his red and blue lights and pulling Plaintiff over. Officer Haferman denies the remaining allegation(s) contained in Paragraph 60 of the First Amended Complaint. 61. As to the allegation(s) contained in Paragraph 61, 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 61 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 61 of the First Amended Complaint. 62. As to the allegation(s) contained in Paragraph 62, 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 62 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 62 of the First Amended Complaint. 63. As to the allegation(s) contained in Paragraph 63, 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 63 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 15 of 58 16 contained Paragraph 63 of the First Amended Complaint. 64. As to the allegation(s) contained in Paragraph 64, 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 64 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 64 of the First Amended Complaint. 65. As to the allegation(s) contained in Paragraph 65, 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 65 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 65 of the First Amended Complaint. 66. As to the allegation(s) contained in Paragraph 66, 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 66 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 66 of the First Amended Complaint. 67. As to the allegation(s) contained in Paragraph 67, 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 Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 16 of 58 17 for itself. Officer Haferman denies all allegation(s) contained in Paragraph 67 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 67 of the First Amended Complaint. 68. As to the allegation(s) contained in Paragraph 68, 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 68 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 68 of the First Amended Complaint. 69. As to the allegation(s) contained in Paragraph 69, 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 69 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 69 of the First Amended Complaint. 70. As to the allegation(s) contained in Paragraph 70, 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 70 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 70 of the First Amended Complaint. 71. As to the allegation(s) contained in Paragraph 71, to the extent the allegation(s) Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 17 of 58 18 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 71 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 71 of the First Amended Complaint. 72. As to the allegation(s) contained in Paragraph 72, 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 72 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 72 of the First Amended Complaint. 73. As to the allegation(s) contained in Paragraph 73, 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 73 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 73 of the First Amended Complaint. 74. As to the allegation(s) contained in Paragraph 74, 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 74 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 18 of 58 19 contained Paragraph 74 of the First Amended Complaint. 75. As to the allegation(s) contained in Paragraph 75, subsection (a) through (b), 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 75, subsection (a) through (b), of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 75, subsection (a) through (b) of the First Amended Complaint. 76. As to the allegation(s) contained in Paragraph 76, 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 76 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 76 of the First Amended Complaint. 77. As to the allegation(s) contained in Paragraph 77, 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 77 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 77 of the First Amended Complaint. 78. As to the allegation(s) contained in Paragraph 78, to the extent the allegation(s) refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 19 of 58 20 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 78 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 78 of the First Amended Complaint. 79. As to the allegation(s) contained in Paragraph 79, 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 79 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 79 of the First Amended Complaint. 80. As to the allegation(s) contained in Paragraph 80, 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 80 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 80 of the First Amended Complaint. 81. As to the allegation(s) contained in Paragraph 81, 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 81 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 81 of the First Amended Complaint. Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 20 of 58 21 82. As to the allegation(s) contained in Paragraph 82, 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 82 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 82 of the First Amended Complaint. 83. As to the allegation(s) contained in Paragraph 83, 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 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 83 of the First Amended Complaint. 84. As to the allegation(s) contained in Paragraph 84, 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 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 84 of the First Amended Complaint. 85. As to the allegation(s) contained in Paragraph 85, 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 of the First Amended Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 21 of 58 22 Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 85 of the First Amended Complaint. 86. As to the allegation(s) contained in Paragraph 86, 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 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 86 of the First Amended Complaint. 87. As to the allegation(s) contained in Paragraph 87, 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 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 87 of the First Amended Complaint. 88. As to the allegation(s) contained in Paragraph 88, 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 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 88 of the First Amended Complaint. 89. As to the allegation(s) contained in Paragraph 89, to the extent the allegation(s) refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 22 of 58 23 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 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 89 of the First Amended Complaint. 90. As to the allegation(s) contained in Paragraph 90, 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 90 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 90 of the First Amended Complaint. 91. As to the allegation(s) contained in Paragraph 91 of the First Amended Complaint, Officer Haferman admits that CSU Officer Cardenas assisted Officer Haferman in handcuffing Plaintiff. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 91 of the First Amended Complaint, and, therefore, denies the same. 92. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 92 of the First Amended Complaint, and, therefore, denies the same. 93. Officer Haferman denies the allegation(s) contained in Paragraph 93 of the First Amended Complaint. 94. As to the allegation(s) contained in Paragraph 94, to the extent the allegation(s) refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 23 of 58 24 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 94 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 94 of the First Amended Complaint. 95. As to the allegation(s) contained in Paragraph 95, 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 95 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 95 of the First Amended Complaint. 96. As to the allegation(s) contained in Paragraph 96, 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 96 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in Paragraph 96 of the First Amended Complaint. 97. As to the allegation(s) contained in Paragraph 97, 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 97 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 97 of the First Amended Complaint. Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 24 of 58 25 98. As to the allegation(s) contained in Paragraph 98, 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 98 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 98 of the First Amended Complaint. 99. As to the allegation(s) contained in Paragraph 99, 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 99 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 99 of the First Amended Complaint. 100. As to the allegation(s) contained in Paragraph 100, 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 100 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 100 of the First Amended Complaint. 101. As to the allegation(s) contained in Paragraph 101, 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 101 of the First Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 25 of 58 26 Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 101 of the First Amended Complaint. 102. As to the allegation(s) contained in Paragraph 102, 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 102 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 102 of the First Amended Complaint. 103. As to the allegation(s) contained in Paragraph 103 of the First Amended Complaint, Officer Haferman admits taking Plaintiff to the jail for a breath test. Officer Haferman denies the remaining allegation(s) contained in Paragraph 103 of the First Amended 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 footage of the BWC 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 denies the allegation(s) contained in Paragraph 105 of the First Amended Complaint. 106. Officer Haferman denies the allegation(s) contained in Paragraph 106 of the First Amended Complaint. 107. Officer Haferman is without knowledge or information sufficient to form a belief Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 26 of 58 27 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 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. As to the allegation(s) contained in Paragraph 112, 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 112 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 112 of the First Amended Complaint. 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, Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 27 of 58 28 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 is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 115 of the First Amended Complaint, and, therefore, denies the same. 116. As to the allegation(s) contained in Paragraph 116 of the First Amended Complaint, Officer Haferman admits to having a conversation with Sergeant Heaton while both cameras were muted. Officer Haferman denies the remaining allegation(s) contained in Paragraph 116 of the First Amended Complaint. 117. As to the allegation(s) contained in Paragraph 117, 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 117 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 117 of the First Amended Complaint. 118. As to the allegation(s) contained in Paragraph 118 of the First Amended Complaint, Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation pertaining to Plaintiff’s pilot’s license, or as to why Plaintiff agreed to a blood test, and, therefore, denies the same. As to the remaining allegation(s) contained in Paragraph 118, to the extent the allegation(s) refer to the substance of Officer Haferman’s BWC footage and reports, Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 28 of 58 29 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 118 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 118 of the First Amended Complaint. 119. As to the allegation(s) contained in Paragraph 119, 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 119 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 119 of the First Amended Complaint. 120. As to the allegation(s) contained in Paragraph 120, 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 120 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 120 of the First Amended Complaint. 121. Officer Haferman denies the allegation(s) contained in Paragraph 121 of the First Amended Complaint. 122. As to the allegation(s) contained in Paragraph 122, to the extent the allegation(s) refer to the substance of Officer Haferman’s reports, Officer Haferman affirmatively states that the substance of the reports, in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 122 of the First Amended Complaint which are inconsistent Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 29 of 58 30 therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 122 of the First Amended Complaint. 123. Officer Haferman admits the allegation(s) contained in Paragraph 123 of the First Amended Complaint. 124. Officer Haferman denies the allegation(s) contained in Paragraph 124 of the First Amended Complaint. 125. Officer Haferman admits the allegation(s) contained in Paragraph 125 of the First Amended Complaint. 126. As to the allegation(s) contained in Paragraph 126, subsections (a) through (c), of the First Amended Complaint, to the extent the allegation(s) refer to the substance of Officer Haferman’s call to Child Protective Services, Officer Haferman affirmatively states that the substance of that call, in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 126, subsections (a) through (c), of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 126, subsections (a) through (c) of the First Amended Complaint. 127. Officer Haferman denies the allegation(s) contained in Paragraph 127 of the First Amended Complaint. 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 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, Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 30 of 58 31 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, and, therefore, denies the same. 131. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the 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 belief 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 of the First Amended Complaint, and, therefore, denies the same. 135. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 135 of the First Amended Complaint, and, therefore, denies the same. 136. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 136 of the First Amended Complaint, and, therefore, denies the same. Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 31 of 58 32 137. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 137 of the First Amended Complaint, and, therefore, denies the same. 138. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 138 of the First Amended Complaint, and, therefore, denies the same. 139. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 139 of the First Amended Complaint, and, therefore, denies the same. 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 First Amended Complaint, and, therefore, denies the same. 141. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 141 of the First Amended Complaint, and, therefore, denies the same. 142. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the 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 Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 32 of 58 33 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, and, therefore, denies the same. 146. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the 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 is without knowledge or information sufficient to form a belief as to the truth of the 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. 151. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 151 of the First Amended Complaint, Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 33 of 58 34 and, therefore, denies the same. 152. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 152 of the First Amended Complaint, and, therefore, denies the same. 153. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 153 of the First Amended Complaint, and, therefore, denies the same. 154. Officer Haferman denies the allegation(s) contained in Paragraph 154 of the First Amended Complaint. 155. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 155 of the First Amended Complaint, and, therefore, denies the same. 156. As to the allegation(s) contained in Paragraph 156 of the First Amended Complaint, Officer Haferman admits that Plaintiff’s blood test results came back negative for all substances the blood was tested for. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 156 of the First Amended Complaint, and, therefore, denies the same. 157. As to the allegation(s) contained in Paragraph 157 of the First Amended Complaint, Officer Haferman admits that Plaintiff’s blood test results were sent to Officer Haferman and that he completed a supplemental report in the case. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 157 of the First Amended Complaint, and, therefore, denies the same. Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 34 of 58 35 158. As to the allegation(s) contained in Paragraph 158 of the First Amended Complaint, Officer Haferman denies wrongfully arresting Plaintiff. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 158 of the First Amended Complaint, and, therefore, denies the same. 159. As to the allegation(s) contained in Paragraph 159 of the First Amended Complaint, Officer Haferman denies wrongfully arresting Plaintiff. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 159 of the First Amended Complaint, and, therefore, denies the same. ANSWER TO HAFERMAN CARRIES ON 160. As to the allegation(s) contained in Paragraph 160 of the First Amended Complaint, Officer Haferman denies wrongfully arresting Plaintiff. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 160 of the First Amended Complaint, and, therefore, denies the same. 161. As to the allegation(s) contained in Paragraph 161, 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 161, 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 161, subsection (c), of the First Amended Complaint, and, therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 35 of 58 36 Paragraph 161, subsections (a) though (e), except subsection (c), of the First Amended Complaint. 162. As to the allegation(s) contained in Paragraph 162, 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 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 162, 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 162, subsection (e), of the First Amended Complaint, and, therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained Paragraph 162, subsections (a) though (d), except subsection (e)of the First Amended Complaint. 163. As to the allegation(s) contained in Paragraph 163 of the First Amended Complaint, Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) pertaining to why the charges against Mr. Groves were dismissed, and, therefore, denies the same. As to the remaining allegation(s) contained in Paragraph 163, 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 163 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 163 of the First Amended Complaint. 164. As to the allegation(s) contained in Paragraph 164, subsections (a) through (d), of the First Amended Complaint, to the extent the allegation(s) refer to the substance of a hearing at Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 36 of 58 37 the 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 164, subsections (a) through (d), of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 164, subsections (a) through (d), of the First Amended Complaint. ANSWER TO THE ACCESSIBLE DATA IS INCOMPLETE. 165. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 165 of the First Amended Complaint, and, therefore, denies the same. 166. As to the allegation(s) contained in Paragraph 166, subsections (a) through (e), of the First Amended Complaint, Officer Haferman denies arresting and wrongfully charging citizens with DUI/DWAI. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 166, subsections (a) through (e), of the First Amended Complaint, and, therefore, denies the same. 167. As to the allegation(s) contained in Paragraph 167 of the First Amended Complaint, Officer Haferman denies wrongful DUI arrest activity. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 167, of the First Amended Complaint, and, therefore, denies the same. ANSWER TO MEDIA COVERAGE PROMPTS FCPS TO LIE, SCRAMBLE, AND GAS-LIGHT THE PUBLIC 168. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 168 of the First Amended Complaint, and, therefore, denies the same. Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 37 of 58 38 169. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 169 of the First Amended Complaint, and, therefore, denies the same. 170. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 170 of the First Amended Complaint, and, therefore, denies the same. 171. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 171 of the First Amended Complaint, and, therefore, denies the same. 172. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 172 of the First Amended Complaint, and, therefore, denies the same. 173. As to the allegation(s) contained in Paragraph 173, 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 173 of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 173 of the First Amended Complaint. 174. As to the allegation(s) contained in Paragraph 174, 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 174 of the First Amended Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 38 of 58 39 Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 174 of the First Amended Complaint. 175. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 175 of the First Amended Complaint, and, therefore, denies the same. 176. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 176, subsections (a) through (b), of the First Amended Complaint, and, therefore, denies the same. 177. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 177 of the First Amended Complaint, and, therefore, denies the same. 178. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 178 of the First Amended Complaint, and, therefore, denies the same. 179. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 179 of the First Amended Complaint, and, therefore, denies the same. 180. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 180 of the First Amended Complaint, and, therefore, denies the same. 181. As to the allegation(s) contained in Paragraph 181 of the First Amended Complaint, Officer Haferman denies having a pattern of making many wrongful DUI arrests of citizens. Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 39 of 58 40 Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 181 of the First Amended Complaint, and, therefore, denies the same. 182. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 182 of the First Amended Complaint, and, therefore, denies the same. 183. As to the allegation(s) contained in Paragraph 183 of the First Amended Complaint, Officer Haferman denies having a pattern of making many wrongful DUI arrests of citizens. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 183 of the First Amended Complaint, and, therefore, denies the same. 184. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 184 of the First Amended Complaint, and, therefore, denies the same. 185. As to the allegation(s) contained in Paragraph 185 of the First Amended Complaint, Officer Haferman denies having a pattern of making many wrongful DUI arrests of citizens. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 185 of the First Amended Complaint, and, therefore, denies the same. 186. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 186 of the First Amended Complaint, and, therefore, denies the same. Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 40 of 58 41 187. As to the allegation(s) contained in Paragraph 187, subsections (a) through (d), of the First Amended Complaint, Officer Haferman denies having a pattern of making many wrongful DUI arrests of citizens. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 187, subsections (a) though (d), of the First Amended Complaint, and, therefore, denies the same. 188. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 188 of the First Amended Complaint, and, therefore, denies the same. 189. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 189, subsections (a) though (d), of the First Amended Complaint, and, therefore, denies the same. 190. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 190 of the First Amended Complaint, and, therefore, denies the same. 191. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 191 of the First Amended Complaint, and, therefore, denies the same. 192. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 192 of the First Amended Complaint, and, therefore, denies the same. 193. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 193, subsection (b) and footnote 5, of the Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 41 of 58 42 First Amended Complaint, and, therefore, denies the same. 194. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 194, subsection (a) though (b), of the First Amended Complaint, and, therefore, denies the same. 195. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 195 of the First Amended Complaint, and, therefore, denies the same. 196. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 196 of the First Amended Complaint, and, therefore, denies the same. 197. As to the allegation(s) contained in Paragraph 197 of the First Amended Complaint, Officer Haferman denies having a pattern of making many wrongful DUI arrests of citizens. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 197 of the First Amended Complaint, and, therefore, denies the same. 198. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 198 of the First Amended Complaint, and, therefore, denies the same. 199. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 199 of the First Amended Complaint, and, therefore, denies the same. 200. Officer Haferman is without knowledge or information sufficient to form a belief Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 42 of 58 43 as to the truth of the allegation(s) contained in Paragraph 200, subsections (a) through (b), of the First Amended Complaint, and, therefore, denies the same. 201. As to the allegation(s) contained in Paragraph 201, subsections (a)(i)-(iii) through (e), of the First Amended Complaint, to the extent the allegation(s) refer to the substance of the IA investigation into Officer Haferman, or the substance of any recorded interviews by Officer Haferman, Officer Haferman affirmatively states that the substance of the IA investigation into Officer Haferman, or the substance of any recorded interviews by Officer Haferman, in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 201, subsections (a)(i)-(iii) through (e), of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in Paragraph 201, subsections (a)(i)-(iii) through (e), of the First Amended Complaint. 202. As to the allegation(s) contained in Paragraph 202, of the First Amended Complaint, to the extent the allegation(s) refer to the substance of the IA investigation into Officer Haferman, or the substance of any recorded interviews by Officer Haferman, Officer Haferman affirmatively states that the substance of the IA investigation into Officer Haferman, or the substance of any recorded interviews by Officer Haferman, in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 202, of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining 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 Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 43 of 58 44 Amended Complaint. 205. As to the allegation(s) contained in Paragraph 205, of the First Amended Complaint, to the extent the allegation(s) refer to the substance of the IA investigation into Officer Haferman, or the substance of any recorded interviews by Officer Haferman, Officer Haferman affirmatively states that the substance of the IA investigation into Officer Haferman, or the substance of any recorded interviews by Officer Haferman, in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 205, of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in Paragraph 205, of the First Amended Complaint. 206. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 206 of the First Amended Complaint, and, therefore, denies the same. 207. As to the allegation(s) contained in Paragraph 207, of the First Amended Complaint, to the extent the allegation(s) refer to the substance of the IA investigation into Officer Haferman, or the substance of any recorded interviews by Officer Haferman, Officer Haferman affirmatively states that the substance of the IA investigation into Officer Haferman, or the substance of any recorded interviews by Officer Haferman, in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 207, of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in Paragraph 207, of the First Amended Complaint. 208. As to the allegation(s) contained in Paragraph 208 of the First Amended Complaint, Officer Haferman denies having a pattern of making many wrongful DUI arrests of citizens. Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 44 of 58 45 Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 208 of the First Amended Complaint, and, therefore, denies the same. 209. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 209 of the First Amended Complaint, and, therefore, denies the same. 210. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 210 of the First Amended Complaint, and, therefore, denies the same. 211. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 211 of the First Amended Complaint, and, therefore, denies the same. 212. As to the allegation(s) contained in Paragraph 212 of the First Amended Complaint, Officer Haferman denies having a pattern of making many wrongful DUI arrests of citizens, lying on reports, and doing roadsides incorrectly. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 212 of the First Amended Complaint, and, therefore, denies the same. 213. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 213 of the First Amended Complaint, and, therefore, denies the same. 214. As to the allegation(s) contained in Paragraph 214 of the First Amended Complaint, Officer Haferman denies having a pattern of making many wrongful DUI arrests of citizens. Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 45 of 58 46 Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 214 of the First Amended Complaint, and, therefore, denies the same. 215. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 215 of the First Amended Complaint, and, therefore, denies the same. 216. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 216 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) 217. Officer Haferman incorporates the responses in Paragraphs 1 through 216 above as if fully set forth herein. 218. The allegation(s) contained in Paragraph 218 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 218 of the First Amended Complaint. 219. The allegation(s) contained in Paragraph 219 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 219 of the First Amended Complaint. 220. As to the allegation(s) contained in Paragraph 220 of the First Amended Complaint, Officer Haferman admits that at the time of this incident he was a police officer employed by the Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 46 of 58 47 City of Fort Collins and its Police Department. Officer Haferman denies the remaining allegation(s) contained in Paragraph 220 of the First Amended Complaint. 221. Officer Haferman denies the allegation(s) contained in Paragraph 221 of the First Amended Complaint. 222. Officer Haferman denies the allegation(s) contained in Paragraph 222 of the First Amended Complaint. 223. Officer Haferman admits the allegation(s) contained in Paragraph 223 of the First Amended Complaint. 224. Officer Haferman denies the allegation(s) contained in Paragraph 224 of the First Amended Complaint. 225. Officer Haferman denies the allegation(s) contained in Paragraph 225 of the First Amended Complaint. 226. Officer Haferman denies the allegation(s) contained in Paragraph 226 of the First Amended Complaint. 227. Officer Haferman denies the allegation(s) contained in Paragraph 227 of the First Amended Complaint. 228. Officer Haferman denies the allegation(s) contained in Paragraph 228 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 Jason Bogosian and Fort Collins) 229. Officer Haferman incorporates the responses in Paragraphs 1 through 228 above as Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 47 of 58 48 if fully set forth herein. 230. The allegation(s) contained in Paragraph 230 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 230 of the First Amended Complaint. 231. Officer Haferman denies the allegation(s) contained in Paragraph 231 of the First Amended Complaint. 232. Officer Haferman denies the allegation(s) contained in Paragraph 232 of the First Amended Complaint. 233. Officer Haferman denies the allegation(s) contained in Paragraph 233 of the First Amended Complaint. 234. Officer Haferman denies the allegation(s) contained in Paragraph 234 of the First Amended Complaint. 235. Officer Haferman denies the allegation(s) contained in Paragraph 235 of the First Amended Complaint. ANSWER TO SERGEANT HEATON 236. The allegation(s) contained in Paragraph 236 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 236 of the First Amended Complaint. 237. The allegation(s) contained in Paragraph 237 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 Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 48 of 58 49 denies the allegation(s) contained in Paragraph 237 of the First Amended Complaint. 238. As to the allegation(s) contained in Paragraph 238 of the First Amended Complaint, Officer Haferman denies wrongfully arresting people and charging them with DUI. The remaining allegation(s) contained in Paragraph 238 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 238 of the First Amended Complaint. 239. As to the allegation(s) contained in Paragraph 239 of the First Amended Complaint, 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. The remaining allegation(s) contained in Paragraph 239 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 239 of the First Amended Complaint. 240. As to the allegation(s) contained in Paragraph 240 of the First Amended Complaint, Officer Haferman denies wrongfully arresting people, charging them with DUI or having such pattern or practice. The remaining allegation(s) contained in Paragraph 240 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 240 of the First Amended Complaint. Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 49 of 58 50 241. As to the allegation(s) contained in Paragraph 241 of the First Amended Complaint, Officer Haferman denies wrongfully arresting people and charging them with DUI. The remaining allegation(s) contained in Paragraph 241 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 241 of the First Amended Complaint. ANSWER TO CORPORAL JASON BOGOSIAN 242. The allegation(s) contained in Paragraph 242 of the First Amended Complaint pertain to Defendant Corporal Jason Bogosian and/or claims against Defendant Corporal Jason 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 242 of the First Amended Complaint. 243. The allegation(s) contained in Paragraph 243 of the First Amended Complaint pertain to Defendant Corporal Jason Bogosian and/or claims against Defendant Corporal Jason 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 243 of the First Amended Complaint. 244. As to the allegation(s) contained in Paragraph 244 of the First Amended Complaint, 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. The remaining allegation(s) contained in Paragraph 244 of the First Amended Complaint pertain to Defendant Corporal Jason Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 50 of 58 51 Bogosian and/or claims against Defendant Corporal Jason 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 244 of the First Amended Complaint. 245. As to the allegation(s) contained in Paragraph 245 of the First Amended Complaint, Officer Haferman denies wrongfully arresting people and charging them with DUI. The remaining allegation(s) contained in Paragraph 245 of the First Amended Complaint pertain to Defendant Corporal Jason Bogosian and/or claims against Defendant Corporal Jason 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 245 of the First Amended Complaint. 246. As to the allegation(s) contained in Paragraph 246 of the First Amended Complaint, Officer Haferman denies wrongfully arresting people and charging them with DUI. The remaining allegation(s) contained in Paragraph 246 of the First Amended Complaint pertain to Defendant Corporal Jason Bogosian and/or claims against Defendant Corporal Jason 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 246 of the First Amended Complaint ANSWER TO CITY OF FORT COLLINS 247. The allegation(s) contained in Paragraph 247 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 247 of the Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 51 of 58 52 First Amended Complaint. 248. The allegation(s) contained in Paragraph 248 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 248 of the First Amended Complaint. 249. The allegation(s) contained in Paragraph 249 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 249 of the First Amended Complaint. 250. As to the allegation(s) contained in Paragraph 250 of the First Amended Complaint, Officer Haferman denies wrongfully arresting people and charging them with DUI. The remaining allegation(s) contained in Paragraph 250 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 Haferman is required at this time. To the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph 250 of the First Amended Complaint 251. The allegation(s) contained in Paragraph 251 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 251 of the First Amended Complaint. Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 52 of 58 53 252. The allegation(s) contained in Paragraph 252 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 252 of the First Amended Complaint. 253. The allegation(s) contained in Paragraph 253 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 253 of the First Amended Complaint. 254. The allegation(s) contained in Paragraph 254 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 254 of the First Amended Complaint. 255. The allegation(s) contained in Paragraph 255 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 255 of the First Amended Complaint. Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 53 of 58 54 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) 256. Officer Haferman incorporates the responses in Paragraphs 1 through 255 above as if fully set forth herein. 257. As to the allegation(s) contained in Paragraph 257 of the First Amended Complaint, 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. Officer Haferman denies the remaining allegation(s) contained in Paragraph 257 of the First Amended Complaint. 258. The allegation(s) contained in Paragraph 258 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 258 of the First Amended Complaint. 259. Officer Haferman denies the allegation(s) contained in Paragraph 259 of the First Amended Complaint. 260. Officer Haferman denies the allegation(s) contained in Paragraph 260 of the First Amended Complaint. 261. Officer Haferman denies the allegation(s) contained in Paragraph 261 of the First Amended Complaint. 262. Officer Haferman denies the allegation(s) contained in Paragraph 262 of the First Amended Complaint. 263. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 263 of the First Amended Complaint, Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 54 of 58 55 and, therefore, denies the same. 264. Officer Haferman denies the allegation(s) contained in Paragraph 264 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) 265. Officer Haferman incorporates the responses in Paragraphs 1 through 264 above as if fully set forth herein. 266. Officer Haferman denies the allegation(s) contained in Paragraph 266 of the First Amended Complaint. 267. Officer Haferman denies the allegation(s) contained in Paragraph 267 of the First Amended Complaint. 268. Officer Haferman denies the allegation(s) contained in Paragraph 268 of the First Amended Complaint. 269. Officer Haferman denies the allegation(s) contained in Paragraph 269 of the First Amended Complaint. 270. Officer Haferman denies the allegation(s) contained in Paragraph 270 of the First Amended Complaint. ANSWER TO PRAYER FOR RELIEF The Prayer for Relief on Page 50 of the First Amended Complaint 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) on Page 50 of the First Amended Complaint. Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 55 of 58 56 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. 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. Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 56 of 58 57 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. Officer Haferman is entitled to common law immunity under Colorado law. 11. 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. 12. 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 27th day of November, 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 Jason Haferman Case No. 1:23-cv-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 57 of 58 58 CERTIFICATE OF SERVICE I hereby certify that on the 27th day of November 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, SERGEANT ALLEN HEATON AND CORPORAL JASON BOGOSIAN 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-01343-GPG-KAS Document 48 filed 11/28/23 USDC Colorado pg 58 of 58