HomeMy WebLinkAbout2023-cv-1343 - Elias v. City of Fort Collins, et al. - 099 - Haferman Answer 2d Am Complaint
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 23-cv-01343-GPG-KAS
HARRIS ELIAS,
Plaintiff,
v.
CITY OF FORT COLLINS,
JASON HAFERMAN, and
SERGEANT ALLEN HEATON,
Defendants.
DEFENDANT FORMER OFFICER JASON HAFERMAN’S ANSWER TO
PLAINTIFF’S SECOND AMENDED COMPLAINT AND JURY DEMAND (ECF 88)
Defendant, former Officer Jason Haferman (“Officer Haferman”), by and through counsel
of record, Jonathan M. Abramson, Esq. and Yulia Nikolaevskaya, Esq., of SGR., LLC, hereby
submits his Answer to Plaintiff’s Second Amended Complaint and Jury Demand (ECF 88)
(“Second Amended Complaint”) as follows.
ANSWER TO INTRODUCTION
1. As to the allegation(s) contained in Paragraph 1 of the Second 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 Second Amended Complaint.
2. The allegation(s) contained in Paragraph 2 of the Second Amended Complaint state
legal conclusions to which no response is required. To the extent a response is required, Officer
Haferman denies the allegation(s) contained in Paragraph 2 of the Second Amended Complaint.
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3. The allegation(s) contained in Paragraph 3 of the Second 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 Second Amended Complaint.
4. The allegation(s) contained in Paragraph 4 of the Second 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 Second Amended Complaint.
5. Officer Haferman admits the allegation(s) contained in Paragraph 5 of the Second
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 Second 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 Second Amended Complaint. Officer Haferman admits the remaining
allegations contained in Paragraph 7 of the Second Amended Complaint.
8. As to the allegation(s) contained in Paragraph 8 of the Second 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 Second Amended Complaint, and,
therefore, denies the same.
9. As to the allegation(s) contained in Paragraph 9 of the Second Amended Complaint,
Officer Haferman admits the City of Fort Collins employed him, supervised him, disciplined and
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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 Second 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 Second Amended Complaint,
and, therefore, deny the same.
11. As to the allegation(s) contained in Paragraph 11 of the Second 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 Second Amended Complaint,
and, therefore, denies the same.
ANSWER TO STATEMENT OF FACTS
12. Officer Haferman admits the allegation(s) contained in Paragraph 12 of the Second
Amended Complaint.
13. As to the allegation(s) contained in Paragraph 13, including footnote 1, of the
Second 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 13, including footnote 1, of the Second Amended Complaint.
14. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 14 of the Second Amended Complaint,
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and, therefore, denies the same.
15. As to the allegation(s) contained in Paragraph 15 of the Second 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 15 of the Second
Amended Complaint, and, therefore, denies the same.
16. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 16 of the Second 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 Second Amended Complaint,
and, therefore, denies the same.
18. Officer Haferman denies the allegation(s) contained in Paragraph 18 of the Second
Amended Complaint.
ANSWER TO HAFERMAN’S LONG TRIAL OF ACTUAL AND CONSTRUCTIVE
NOTICE
19. As to the allegation(s) contained in Paragraph 19 of the Second 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 19 of the Second 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
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transcript from that hearing, in its entirety, speak for themselves. Officer Haferman denies all
allegation(s) contained in Paragraph 19 of the Second Amended Complaint which are inconsistent
therewith. Officer Haferman denies the remaining allegation(s) contained in Paragraph 19 of the
Second Amended Complaint.
20. The allegation(s) contained in Paragraph 20 of the Second 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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained in Paragraph 20 of the Second Amended Complaint.
21. As to the allegation(s) contained in Paragraph 21, including footnote 2, of the
Second 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 belief as to the truth of the remaining allegation(s) contained in Paragraph 21, including
footnote 2, of the Second Amended Complaint, and, therefore, denies the same.
22. As to the allegation(s) contained in Paragraph 22 of the Second 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 22 of the Second Amended Complaint.
23. Officer Haferman denies the allegation(s) contained in Paragraph 23, including
subsections (a) through (c), of the Second Amended Complaint.
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24. Officer Haferman denies the allegation(s) contained in Paragraph 24 of the Second
Amended Complaint.
25. Officer Haferman denies the allegation(s) contained in Paragraph 25 of the Second
Amended Complaint.
26. Officer Haferman denies the allegation(s) contained in Paragraph 26 of the Second
Amended Complaint.
27. Officer Haferman denies the allegation(s) contained in Paragraph 27 of the Second
Amended Complaint.
28. Officer Haferman admits the allegation(s) contained in Paragraph 28 of the Second
Amended Complaint.
29. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 29, subsections (a) through (i), of the
Second Amended Complaint, and, therefore, denies the same.
30. As to the allegation(s) contained in Paragraph 30, subsections (a) though (g),
including footnote 3, of the Second 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 30, subsections (a) though (g),
including footnote 3, of the Second Amended Complaint which are inconsistent therewith. Officer
Haferman denies the remaining allegation(s) contained in Paragraph 30, subsections (a) though
(g), including footnote 3, of the Second Amended Complaint.
31. As to the allegation(s) contained in Paragraph 31 of the Second Amended
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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 31 of the Second Amended Complaint, and, therefore, denies
the same.
32. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 32 of the Second Amended Complaint,
and, therefore, denies the same.
33. As to the allegation(s) contained in Paragraph 33 of the Second 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 33 of the Second Amended Complaint, and, therefore, denies the same.
34. As to the allegation(s) contained in Paragraph 34 of the Second 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 34 of the Second Amended Complaint, and, therefore, denies
the same.
35. As to the allegation(s) contained in Paragraph 35 of the Second Amended
Complaint, Officer Haferman denies that he wrongfully arrested C.B. Officer Haferman denies all
remaining allegation(s) contained in Paragraph 36 of the Second Amended Complaint.
36. As to the allegation(s) contained in Paragraph 36, subsections (a) though (p),
including footnote 4, of the Second 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
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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 36, subsections (a) though (p), including footnote 4, of the Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained in Paragraph 36, subsections (a) though (p), including footnote 4, of the
Second Amended Complaint.
37. As to the allegation(s) contained in Paragraph 37 of the Second 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 37 of the Second Amended
Complaint, and, therefore, denies the same.
38. As to the allegation(s) contained in Paragraph 38 of the Second 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 Second Amended
Complaint, and, therefore, denies the same.
39. As to the allegation(s) contained in Paragraph 39 of the Second 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 39 of the Second Amended Complaint, and,
therefore, denies the same.
40. Officer Haferman denies the allegation(s) contained in Paragraph 40, subsections
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(a) through (c), of the Second Amended Complaint.
41. Officer Haferman denies the allegation(s) contained in Paragraph 41 of the Second
Amended Complaint.
42. As to the allegation(s) contained in Paragraph 42, subsections (a) though (e), except
subsection (c), of the Second 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 42, subsections (a) though (e), except
subsection (c), of the Second 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 42, subsection (c), of the Second Amended Complaint, and,
therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained in
Paragraph 42, subsections (a) though (e), except subsection (c), of the Second Amended
Complaint.
43. As to the allegation(s) contained in Paragraph 43, subsections (a) though (d), except
subsection (c), of the Second 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 (d), except
subsection (c), of the Second 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 Second Amended Complaint, and,
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therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained in
Paragraph 43, subsections (a) though (d), except subsection (c), of the Second Amended
Complaint.
44. As to the allegation(s) contained in Paragraph 44, subsections (a) though (e), except
subsection (d), of the Second Amended Complaint, to the extent the allegation(s) refer to the
substance of Officer Haferman’s BWC footage and reports, Officer Haferman affirmatively states
that the substance of the footage of the BWC and reports, in its entirety, speaks for itself. Officer
Haferman denies all allegation(s) contained in Paragraph 44, subsections (a) though (e), except
subsection (d), of the Second 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 (d), of the Second Amended Complaint, and,
therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained in
Paragraph 44, subsections (a) though (e), except subsection (d), of the Second Amended
Complaint.
45. As to the allegation(s) contained in Paragraph 45, subsections (a) though (h), except
subsection (h), of the Second 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 (h), except
subsection (h), of the Second 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 (h), of the Second Amended Complaint, and,
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therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained in
Paragraph 45, subsections (a) though (h), except subsection (h), of the Second Amended
Complaint.
46. As to the allegation(s) contained in Paragraph 46, subsections (a) though (aa),
except subsections (a) through (f), (w), (y), of the Second 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 (aa), except subsections (a) through (f), (w), (y), of the Second 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, subsections (a) through (f), (w), (y), of the Second Amended Complaint, and, therefore, denies
the same. Officer Haferman denies the remaining allegation(s) contained in Paragraph 46,
subsections (a) though (aa), except subsections (a) through (f), (w), (y), of the Second Amended
Complaint.
47. As to the allegation(s) contained in Paragraph 47, subsections (a) though (l), except
subsections (a) and (j), of the Second 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 (l),
except subsections (a) and (j), of the Second Amended Complaint which are inconsistent therewith.
Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of
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the allegation(s) contained in Paragraph 47, subsections (a) and (j), of the Second Amended
Complaint, and, therefore, denies the same. Officer Haferman denies the remaining allegation(s)
contained Paragraph 47, subsections (a) though (l), except subsections (a) and (j), of the Second
Amended Complaint.
48. As to the allegation(s) contained in Paragraph 48, subsections (a) though (f), except
subsection (d), of the Second 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 (f), except
subsection (d), of the Second 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 48, subsection (d), of the Second Amended Complaint, and,
therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained
Paragraph 48, subsections (a) though (f), except subsection (d), of the Second Amended
Complaint.
49. As to the allegation(s) contained in Paragraph 49, subsections (a) though (f), except
subsection (e), of the Second 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 (e), of the Second Amended Complaint which are inconsistent therewith. Officer
Haferman is without knowledge or information sufficient to form a belief as to the truth of the
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allegation(s) contained in Paragraph 49, subsection (e), of the Second Amended Complaint, and,
therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained
Paragraph 49, subsections (a) though (f), except subsection (e), of the Second Amended
Complaint.
50. As to the allegation(s) contained in Paragraph 50, subsections (a) though (g), except
subsection (f), of the Second 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 (g), except
subsection (f), of the Second 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 50, subsection (f), of the Second Amended Complaint, and,
therefore, denies the same. Officer Haferman denies that he lied and exaggerated in his report, as
alleged in Paragraph 50, subsection (f), of the Second Amended Complaint. Officer Haferman
denies the remaining allegation(s) contained Paragraph 50, subsections (a) though (g), except
subsection (f), of the Second Amended Complaint.
51. As to the allegation(s) contained in Paragraph 51, subsections (a) though (f), except
subsection (e), of the Second 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 (f), except
subsection (e), of the Second Amended Complaint which are inconsistent therewith. Officer
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Haferman is without knowledge or information sufficient to form a belief as to the truth of the
allegation(s) contained in Paragraph 51, subsection (e), of the Second Amended Complaint, and,
therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained
Paragraph 51, subsections (a) though (f), except subsection (e), of the Second Amended
Complaint.
52. Officer Haferman denies the allegation(s) contained in Paragraph 52 of the Second
Amended Complaint.
53. Officer Haferman denies the allegation(s) contained in Paragraph 53 of the Second
Amended Complaint, including making wrongful DUI arrests.
54. Officer Haferman denies the allegation(s) contained in Paragraph 54 of the Second
Amended Complaint, including making wrongful DUI arrests.
55. Officer Haferman denies the allegation(s) contained in Paragraph 55 of the Second
Amended Complaint, including making wrongful DUI arrests.
ANSWER TO HAFERMAN’S WRONGFUL ARREST
OF PLAINTIFF HARRIS ELIAS
56. Officer Haferman denies the allegation(s) contained in Paragraph 56 of the Second
Amended Complaint, including making wrongful DUI arrests of Plaintiff or S.J.
57. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 57 of the Second Amended Complaint,
and, therefore, denies the same.
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 Second Amended Complaint
pertaining to where Plaintiff was coming from and where Plaintiff was going, and, therefore,
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denies the same. Officer Haferman denies the remaining allegation(s) contained in Paragraph 58
of the Second Amended Complaint,
59. As to the allegation(s) contained in Paragraph 59 of the Second 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 59 of the Second
Amended Complaint.
60. As to the allegation(s) contained in Paragraph 60, 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 60 of the Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 60 of the Second 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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 61 of the Second 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 Second
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Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 62 of the Second 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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 63 of the Second 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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 64 of the Second 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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 65 of the Second 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
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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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 66 of the Second 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
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 67 of the Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 67 of the Second 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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 68 of the Second 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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 69 of the Second Amended Complaint.
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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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 70 of the Second Amended Complaint.
71. As to the allegation(s) contained in Paragraph 71, 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 71 of the Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 71 of the Second 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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 72 of the Second 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 Second
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Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 73 of the Second Amended Complaint.
74. As to the allegation(s) contained in Paragraph 74, 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 74,
subsection (a) through (b), of the Second Amended Complaint which are inconsistent therewith.
Officer Haferman denies the remaining allegation(s) contained Paragraph 74, subsection (a)
through (b) of the Second Amended Complaint.
75. As to the allegation(s) contained in Paragraph 75, 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 of the Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 75 of the Second 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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 76 of the Second Amended Complaint.
77. As to the allegation(s) contained in Paragraph 77, to the extent the allegation(s)
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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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 77 of the Second 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
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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 78 of the Second 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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 79 of the Second 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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
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allegation(s) contained Paragraph 80 of the Second 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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 81 of the Second Amended Complaint.
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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 82 of the Second 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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 83 of the Second 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
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for itself. Officer Haferman denies all allegation(s) contained in Paragraph 84 of the Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 84 of the Second 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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 85 of the Second 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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 86 of the Second 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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 87 of the Second Amended Complaint.
88. As to the allegation(s) contained in Paragraph 88, to the extent the allegation(s)
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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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 88 of the Second 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
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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 89 of the Second Amended Complaint.
90. As to the allegation(s) contained in Paragraph 90 of the Second 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 90 of the Second
Amended Complaint, and, therefore, denies the same.
91. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 91 of the Second Amended Complaint,
and, therefore, denies the same.
92. Officer Haferman denies the allegation(s) contained in Paragraph 92 of the Second
Amended Complaint.
93. As to the allegation(s) contained in Paragraph 93, to the extent the allegation(s)
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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 93 of the Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 93 of the Second 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
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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 94 of the Second 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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained in Paragraph 95 of the Second 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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
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allegation(s) contained Paragraph 96 of the Second 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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 97 of the Second Amended Complaint.
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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 98 of the Second 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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 99 of the Second 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
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for itself. Officer Haferman denies all allegation(s) contained in Paragraph 100 of the Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 100 of the Second 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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 101 of the Second 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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 102 of the Second Amended Complaint.
103. Officer Haferman denies the allegation(s) contained in Paragraph 103 of the Second
Amended Complaint.
104. Officer Haferman denies the allegation(s) contained in Paragraph 104 of the Second
Amended Complaint.
105. Officer Haferman denies the allegation(s) contained in Paragraph 105 of the Second
Amended Complaint.
106. Officer Haferman denies the allegation(s) contained in Paragraph 106 of the Second
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Amended Complaint.
107. As to the allegation(s) contained in Paragraph 107, subsection (a) through (c),
Officer Haferman denies the allegation(s) contained Paragraph 107, subsection (a) through (c) of
the Second Amended Complaint.
108. As to the allegation(s) contained in Paragraph 108, subsection (a) through (d),
Officer Haferman denies the allegation(s) contained Paragraph 108, subsection (a) through (d) of
the Second Amended Complaint.
109. Officer Haferman denies the allegation(s) contained in Paragraph 109 of the Second
Amended Complaint.
110. As to the allegation(s) contained in Paragraph 110, 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 110 of the Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 110 of the Second Amended Complaint.
111. As to the allegation(s) contained in Paragraph 111, 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 111 of the Second
Amended Complaint which are inconsistent therewith. Officer Haferman admits that he
subsequently learned that Plaintiff had been previously arrested by Loveland Police Department
for the exact same offense of driving under the influence as alleged in Paragraph 11 of the Second
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Amended Complaint and denies the remaining allegation(s) contained Paragraph 111 of the
Second Amended Complaint.
112. Officer Haferman denies the allegation(s) contained in Paragraph 112 of the Second
Amended Complaint.
113. Officer Haferman denies the allegation(s) contained in Paragraph 113 of the Second
Amended Complaint.
114. As to the allegation(s) contained in Paragraph 114, 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 114 of the Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 114 of the Second Amended Complaint.
115. As to the allegation(s) contained in Paragraph 115, 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 115 of the Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 115n of the Second Amended Complaint.
116. As to the allegation(s) contained in Paragraph 116, 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 116 of the Second
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Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 116 of the Second Amended Complaint.
117. Officer Haferman denies the allegation(s) contained in Paragraph 117 of the Second
Amended Complaint.
118. As to the allegation(s) contained in Paragraph 118, 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 118 of the Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 118 of the Second 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 Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 119 of the Second Amended Complaint.
120. Officer Haferman denies the allegation(s) contained in Paragraph 120 of the Second
Amended Complaint.
121. As to the allegation(s) contained in Paragraph 121, 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 121 of the Second
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Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 121 of the Second Amended Complaint.
122. Officer Haferman denies the allegation(s) contained in Paragraph 122 of the Second
Amended Complaint.
123. As to the allegation(s) contained in Paragraph 123, 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 123 of the Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 123 of the Second Amended Complaint.
124. Officer Haferman denies the allegation(s) contained in Paragraph 124 of the Second
Amended Complaint.
125. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 125 of the Second Amended Complaint,
and, therefore, deny the same.
126. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 126 of the Second Amended Complaint,
and, therefore, deny the same.
127. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 127 of the Second Amended Complaint,
and, therefore, deny the same.
128. Officer Haferman is without knowledge or information sufficient to form a belief
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as to the truth of the allegation(s) contained in Paragraph 128 of the Second Amended Complaint,
and, therefore, deny 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 Second Amended Complaint,
and, therefore, deny the same.
130. As to the allegation(s) contained in Paragraph 130, 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 130 of the Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 130 of the Second Amended Complaint.
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 Second Amended Complaint,
and, therefore, deny the same.
132. As to the allegation(s) contained in Paragraph 132, 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 132 of the Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 132 of the Second Amended Complaint.
ANSWER TO THE ADVENTURES OF SERGEANT HEATON’S BWC VIDEO
133. Officer Haferman is without knowledge or information sufficient to form a belief
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as to the truth of the allegation(s) contained in Paragraph 131 of the Second Amended Complaint,
and, therefore, deny 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, including subsections (a) through
(g), of the Second Amended Complaint, and, therefore, deny 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 Second Amended Complaint,
and, therefore, deny 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 Second Amended Complaint,
and, therefore, deny the same.
137. Officer Haferman admits that along with this lawsuit four other lawsuits were filed
by Plaintiff’s counsel as contained in Paragraph 137 of the Second Amended Complaint. Officer
Haferman denied making wrongful DUI arrests as contained in Paragraph 137 of the Second
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 137 of the Second
Amended Complaint, and, therefore, deny 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 Second Amended Complaint,
and, therefore, deny 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 Second Amended Complaint,
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and, therefore, deny 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 Second Amended Complaint,
and, therefore, deny 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 Second Amended Complaint,
and, therefore, deny 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 Second Amended Complaint,
and, therefore, deny 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 Second Amended Complaint,
and, therefore, deny the same.
144. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 144 of the Second Amended Complaint,
and, therefore, deny 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 Second Amended Complaint,
and, therefore, deny the same.
146. Officer Haferman admits the allegation(s) contained in Paragraph 146 of the
Second Amended Complaint.
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ANSWER TO BACK TO SERGEANT HEATON AND MR. ELIAS IN THE
HOSPITAL
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 Second Amended Complaint,
and, therefore, deny the same.
148. Officer Haferman denies utilizing excessive force on Plaintiff as contained in
Paragraph 148 of the Second Amended Complaint. Officer Haferman is without knowledge or
information sufficient to form a belief as to the truth of the remaining allegation(s) contained in
Paragraph 148 of the Second Amended Complaint, and, therefore, deny 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 Second Amended Complaint,
and, therefore, deny 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 Second Amended Complaint,
and, therefore, deny 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 Second Amended Complaint,
and, therefore, deny the same.
152. Officer Haferman denies wrongfully arresting Plaintiff as contained in Paragraph
152 of the Second 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 152
of the Second Amended Complaint, and, therefore, deny the same.
153. Officer Haferman denies the allegation(s) contained in Paragraph 153 of the Second
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Amended Complaint.
154. Officer Haferman denies the allegation(s) contained in Paragraph 154 of the Second
Amended Complaint.
155. As to the allegation(s) contained in Paragraph 155, 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 155 of the Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 155 of the Second Amended Complaint.
156. As to the allegation(s) contained in Paragraph 156, 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 156 of the Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 156 of the Second Amended Complaint.
157. As to the allegation(s) contained in Paragraph 157, 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 157 of the Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 157 of the Second Amended Complaint.
158. Officer Haferman is without knowledge or information sufficient to form a belief
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as to the truth of the allegation(s) contained in Paragraph 158 of the Second Amended Complaint,
and, therefore, deny the same.
159. As to the allegation(s) contained in Paragraph 159, 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 159 of the Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 159 of the Second Amended Complaint.
160. As to the allegation(s) contained in Paragraph 160, 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 160 of the Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 160 of the Second Amended Complaint.
161. As to the allegation(s) contained in Paragraph 161, 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 of the Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 161 of the Second Amended Complaint.
162. As to the allegation(s) contained in Paragraph 162 of the Second Amended
Complaint, Officer Haferman is without knowledge or information sufficient to form a belief as to
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the truth of the allegation pertaining to Plaintiff not wanting to be poked with a needle, and,
therefore, denies the same. As to the allegation(s) contained in Paragraph 162, 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 of
the Second Amended Complaint which are inconsistent therewith. Officer Haferman denies the
remaining allegation(s) contained Paragraph 162 of the Second Amended Complaint.
163. As to the allegation(s) contained in Paragraph 163 of the Second 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 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 Second Amended Complaint which are inconsistent therewith.
Officer Haferman denies the remaining allegation(s) contained Paragraph 163 of the Second
Amended Complaint.
164. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 164 of the Second Amended Complaint,
and, therefore, deny the same.
165. Officer Haferman denies the allegation(s) contained in Paragraph 165 of the Second
Amended Complaint.
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166. As to the allegation(s) contained in Paragraph 166, 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 166 of the Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 166 of the Second Amended Complaint.
167. As to the allegation(s) contained in Paragraph 167, 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 167 of the Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 167 of the Second Amended Complaint.
168. Officer Haferman denies the allegation(s) contained in Paragraph 168 of the Second
Amended Complaint.
169. As to the allegation(s) contained in Paragraph 169, 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 169 of the Second Amended Complaint which are
inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph
169 of the Second Amended Complaint.
170. Officer Haferman admits the allegation(s) contained in Paragraph 170 of the
Second Amended Complaint.
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171. Officer Haferman denies the allegation(s) contained in Paragraph 171 of the Second
Amended Complaint.
172. Officer Haferman admits the allegation(s) contained in Paragraph 172 of the
Second Amended Complaint.
173. As to the allegation(s) contained in Paragraph 173, subsections (a) through (c), of
the Second 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 173, subsections (a) through (c), of the Second Amended Complaint which
are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
Paragraph 173, subsections (a) through (c) of the Second Amended Complaint.
174. Officer Haferman denies the allegation(s) contained in Paragraph 174 of the Second
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 Second 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 of the Second 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 Second Amended Complaint,
and, therefore, denies the same.
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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 Second 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 Second 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 Second Amended Complaint,
and, therefore, denies the same.
181. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 181 of the Second 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 Second Amended Complaint,
and, therefore, denies the same.
183. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 183 of the Second 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 Second Amended Complaint,
and, therefore, denies the same.
185. Officer Haferman is without knowledge or information sufficient to form a belief
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as to the truth of the allegation(s) contained in Paragraph 185 of the Second 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 Second Amended Complaint,
and, therefore, denies the same.
187. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 187 of the Second 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 Second 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 allegation(s) contained in Paragraph 189 of the Second 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 Second 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 Second 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 Second Amended Complaint,
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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 of the Second 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 of the Second 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 Second 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 Second Amended Complaint,
and, therefore, denies the same.
197. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 197 of the Second 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 Second 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 Second Amended Complaint,
and, therefore, denies the same.
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200. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 200 of the Second Amended Complaint,
and, therefore, denies the same.
201. Officer Haferman denies the allegation(s) contained in Paragraph 201 of the Second
Amended Complaint.
202. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 202 of the Second Amended Complaint,
and, therefore, denies the same.
203. As to the allegation(s) contained in Paragraph 203 of the Second 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 203
of the Second Amended Complaint, and, therefore, denies the same.
204. As to the allegation(s) contained in Paragraph 204 of the Second 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 204 of the Second Amended Complaint, and, therefore, denies the same.
205. As to the allegation(s) contained in Paragraph 205 of the Second 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 205 of the Second Amended Complaint, and, therefore, denies the same.
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206. As to the allegation(s) contained in Paragraph 206 of the Second 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 206 of the Second Amended Complaint, and, therefore, denies the same.
207. Officer Haferman denies the allegation(s) contained in Paragraph 207 of the Second
Amended Complaint.
ANSWER TO HAFERMAN CARRIES ON
208. As to the allegation(s) contained in Paragraph 208 of the Second 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 Second Amended Complaint, and, therefore, denies the same.
209. As to the allegation(s) contained in Paragraph 209, subsections (a) though (e),
except subsection (c), of the Second 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 209, subsections (a) though (e),
except subsection (c), of the Second 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 209, subsection (c), of the Second Amended Complaint, and,
therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained
Paragraph 209, subsections (a) though (e), except subsection (c), of the Second Amended
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Complaint.
210. As to the allegation(s) contained in Paragraph 210, subsections (a) though (d),
except subsection (e), of the Second 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 210, subsections (a) though (d),
except subsection (e), of the Second 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 210, subsection (e), of the Second Amended Complaint, and,
therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained
Paragraph 210, subsections (a) though (d), except subsection (e) of the Second Amended
Complaint.
211. As to the allegation(s) contained in Paragraph 211 of the Second 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 211, 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 211
of the Second Amended Complaint which are inconsistent therewith. Officer Haferman denies the
remaining allegation(s) contained Paragraph 211 of the Second Amended Complaint.
212. As to the allegation(s) contained in Paragraph 212, subsections (a) through (d), of
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the Second Amended Complaint, to the extent the allegation(s) refer to the substance of a hearing
at 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 212, subsections (a) through (d), of the Second Amended
Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s)
contained Paragraph 212, subsections (a) through (d), of the Second Amended Complaint.
ANSWER TO THE ACCESSIBLE DATA IS INCOMPLETE .
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 Second Amended Complaint,
and, therefore, denies the same.
214. As to the allegation(s) contained in Paragraph 214, subsections (a) through (e), of
the Second 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 214, subsections
(a) through (e), of the Second Amended Complaint, and, therefore, denies the same.
215. As to the allegation(s) contained in Paragraph 215 of the Second 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 215, of the Second Amended Complaint, and, therefore, denies the same.
ANSWER TO MEDIA COVERAGE PROMPTS
FCPS TO LIE, SCRAMBLE, AND GAS-LIGHT THE PUBLIC
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 Second Amended Complaint,
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and, therefore, denies the same.
217. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 217 of the Second Amended Complaint,
and, therefore, denies the same.
218. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 218 of the Second Amended Complaint,
and, therefore, denies the same.
219. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 219 of the Second Amended Complaint,
and, therefore, denies the same.
220. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 220 of the Second Amended Complaint,
and, therefore, denies the same.
221. As to the allegation(s) contained in Paragraph 221, 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 221 of the Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 221 of the Second Amended Complaint.
222. As to the allegation(s) contained in Paragraph 222, 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
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itself. Officer Haferman denies all allegation(s) contained in Paragraph 222 of the Second
Amended Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 222 of the Second Amended Complaint.
223. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 223 of the Second Amended Complaint,
and, therefore, denies the same.
224. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 224 of the Second Amended Complaint,
and, therefore, denies the same.
225. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 225 of the Second Amended Complaint,
and, therefore, denies the same.
226. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 226 of the Second Amended Complaint,
and, therefore, denies the same.
227. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 227 of the Second Amended Complaint,
and, therefore, denies the same.
228. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 228 of the Second Amended Complaint,
and, therefore, denies the same.
229. Officer Haferman is without knowledge or information sufficient to form a belief
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as to the truth of the allegation(s) contained in Paragraph 229 of the Second Amended Complaint,
and, therefore, denies the same.
230. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 230 of the Second Amended Complaint,
and, therefore, denies the same.
231. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 231 of the Second Amended Complaint,
and, therefore, denies the same.
232. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 232 of the Second Amended Complaint,
and, therefore, denies the same.
233. As to the allegation(s) contained in Paragraph 233 of the Second 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 233 of the Second Amended
Complaint, and, therefore, denies the same.
234. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 234 of the Second Amended Complaint,
and, therefore, denies the same.
235. As to the allegation(s) contained in Paragraph 235 of the Second 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
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the truth of the remaining allegation(s) contained in Paragraph 235 of the Second Amended
Complaint, and, therefore, denies the same.
236. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 236 of the Second Amended Complaint,
and, therefore, denies the same.
237. As to the allegation(s) contained in Paragraph 237 of the Second 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 237 of the Second Amended
Complaint, and, therefore, denies the same.
238. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 238 of the Second Amended Complaint,
and, therefore, denies the same.
239. As to the allegation(s) contained in Paragraph 239, subsections (a) through (d), of
the Second 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 239,
subsections (a) though (d), of the Second Amended Complaint, and, therefore, denies the same.
240. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 240 of the Second Amended Complaint,
and, therefore, denies the same.
241. Officer Haferman is without knowledge or information sufficient to form a belief
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as to the truth of the remaining allegation(s) contained in Paragraph 241, subsections (a) though
(d), of the Second Amended Complaint, and, therefore, denies the same.
242. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 242 of the Second Amended Complaint,
and, therefore, denies the same.
243. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 243 of the Second Amended Complaint,
and, therefore, denies the same.
244. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 244 of the Second Amended Complaint,
and, therefore, denies the same.
245. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 245, subsection (b) and footnote 5, of the
Second Amended Complaint, and, therefore, denies the same.
246. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 246, subsection (a) though (b), of the
Second Amended Complaint, and, therefore, denies the same.
247. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 247 of the Second Amended Complaint,
and, therefore, denies the same.
248. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 248 of the Second Amended Complaint,
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and, therefore, denies the same.
249. As to the allegation(s) contained in Paragraph 249 of the Second 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 249 of the Second Amended
Complaint, and, therefore, denies the same.
250. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 250 of the Second Amended Complaint,
and, therefore, denies the same.
251. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 251 of the Second Amended Complaint,
and, therefore, denies the same.
252. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 252, subsections (a) through (b), of the
Second Amended Complaint, and, therefore, denies the same.
253. As to the allegation(s) contained in Paragraph 253, subsections (a)(i)-(ii) through
(e), of the Second 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 253, subsections
(a)(i)-(ii) through (e), of the Second Amended Complaint which are inconsistent therewith. Officer
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Haferman denies the remaining allegation(s) contained in Paragraph 253, subsections (a)(i)-(ii)
through (e), of the Second Amended Complaint.
254. As to the allegation(s) contained in Paragraph 254, of the Second 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 254, of the Second Amended Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
in Paragraph 254, of the Second Amended Complaint.
255. Officer Haferman denies the allegation(s) contained in Paragraph 255 of the Second
Amended Complaint.
256. Officer Haferman denies the allegation(s) contained in Paragraph 256 of the Second
Amended Complaint.
257. As to the allegation(s) contained in Paragraph 257, of the Second 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 257, of the Second Amended Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
in Paragraph 257, of the Second Amended Complaint.
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258. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 258 of the Second Amended Complaint,
and, therefore, denies the same.
259. As to the allegation(s) contained in Paragraph 259, of the Second 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 259, of the Second Amended Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
in Paragraph 259, of the Second Amended Complaint.
260. As to the allegation(s) contained in Paragraph 260 of the Second 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 260 of the Second Amended
Complaint, and, therefore, denies the same.
261. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 261 of the Second Amended Complaint,
and, therefore, denies the same.
262. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 262 of the Second Amended Complaint,
and, therefore, denies the same.
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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 Second Amended Complaint,
and, therefore, denies the same.
264. As to the allegation(s) contained in Paragraph 264 of the Second 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 264 of the Second Amended Complaint, and, therefore, denies the same.
265. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 265 of the Second Amended Complaint,
and, therefore, denies the same.
266. As to the allegation(s) contained in Paragraph 266 of the Second 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 266 of the Second Amended
Complaint, and, therefore, denies the same.
267. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 267 of the Second Amended Complaint,
and, therefore, denies the same.
268. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 268 of the Second Amended Complaint,
and, therefore, denies the same.
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ANSWERS TO 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 Defendants Haferman and Sergeant Heaton)
269. Officer Haferman incorporates the responses in Paragraphs 1 through 268 above as
if fully set forth herein.
270. The allegation(s) contained in Paragraph 270 of the Second 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 270 of the Second Amended
Complaint.
271. The allegation(s) contained in Paragraph 271 of the Second 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 271 of the Second Amended
Complaint.
272. As to the allegation(s) contained in Paragraph 272 of the Second 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 272 of the Second Amended Complaint.
273. As to the allegation(s) contained in Paragraph 273 of the Second Amended
Complaint, Officer Haferman admits that at the time of this incident Sergeant Heaton 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 273 of the Second Amended Complaint.
274. Officer Haferman denies the allegation(s) contained in Paragraph 274 of the Second
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Amended Complaint.
275. Officer Haferman denies the allegation(s) contained in Paragraph 275 of the Second
Amended Complaint.
276. Officer Haferman denies the allegation(s) contained in Paragraph 276 of the Second
Amended Complaint.
277. Officer Haferman denies the allegation(s) contained in Paragraph 277 of the Second
Amended Complaint.
278. Officer Haferman denies the allegation(s) contained in Paragraph 278 of the Second
Amended Complaint.
279. Officer Haferman admits the allegation(s) contained in Paragraph 279 of the
Second Amended Complaint.
280. Officer Haferman denies the allegation(s) contained in Paragraph 280 of the Second
Amended Complaint.
281. Officer Haferman denies the allegation(s) contained in Paragraph 281 of the Second
Amended Complaint.
282. Officer Haferman denies the allegation(s) contained in Paragraph 282 of the Second
Amended Complaint.
283. Officer Haferman denies the allegation(s) contained in Paragraph 283 of the Second
Amended Complaint.
284. Officer Haferman denies the allegation(s) contained in Paragraph 284 of the Second
Amended Complaint.
285. Officer Haferman denies the allegation(s) contained in Paragraph 285 of the Second
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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, and Fort Collins)
ANSWER TO HAFERMAN
286. Officer Haferman incorporates the responses in Paragraphs 1 through 285 above as
if fully set forth herein.
287. The allegation(s) contained in Paragraph 287 of the Second 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 287 of the Second Amended
Complaint.
288. Officer Haferman denies the allegation(s) contained in Paragraph 288 of the Second
Amended Complaint.
289. Officer Haferman denies the allegation(s) contained in Paragraph 289 of the Second
Amended Complaint.
290. Officer Haferman denies the allegation(s) contained in Paragraph 290 of the Second
Amended Complaint.
291. Officer Haferman denies the allegation(s) contained in Paragraph 291 of the Second
Amended Complaint.
292. Officer Haferman denies the allegation(s) contained in Paragraph 292 of the Second
Amended Complaint.
293. Officer Haferman denies the allegation(s) contained in Paragraph 293 of the Second
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Amended Complaint.
ANSWER TO SERGEANT HEATON
294. As to the allegation(s) contained in Paragraph 294 of the Second Amended
Complaint, Officer Haferman denies wrongfully arresting people and charging them with DUI.
The remaining allegation(s) contained in Paragraph 294 of the Second 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 294 of the Second Amended Complaint.
295. As to the allegation(s) contained in Paragraph 295 of the Second Amended
Complaint, Officer Haferman denies wrongfully arresting people and charging them with DUI.
The remaining allegation(s) contained in Paragraph 295 of the Second 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 295 of the Second Amended Complaint.
296. As to the allegation(s) contained in Paragraph 296 of the Second Amended
Complaint, Officer Haferman denies wrongfully arresting people and charging them with DUI.
The remaining allegation(s) contained in Paragraph 296 of the Second 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 296 of the Second Amended Complaint.
297. As to the allegation(s) contained in Paragraph 239 of the Second Amended
Complaint, Officer Haferman denies wrongfully arresting people, charging them with DUI, lying
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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 Second 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 Second Amended Complaint.
298. As to the allegation(s) contained in Paragraph 298 of the Second Amended
Complaint, Officer Haferman denies wrongfully arresting people and charging them with DUI.
The remaining allegation(s) contained in Paragraph 298 of the Second 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 298 of the Second Amended Complaint.
299. Officer Haferman denies the allegation(s) contained in Paragraph 299 of the Second
Amended Complaint.
300. As to the allegation(s) contained in Paragraph 300 of the Second Amended
Complaint, Officer Haferman denies wrongfully arresting people and charging them with DUI.
The remaining allegation(s) contained in Paragraph 300 of the Second 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 300 of the Second Amended Complaint.
301. Officer Haferman denies the allegation(s) contained in Paragraph 301 of the Second
Amended Complaint.
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302. Officer Haferman denies the allegation(s) contained in Paragraph 302 of the Second
Amended Complaint.
303. Officer Haferman denies the allegation(s) contained in Paragraph 303 of the Second
Amended Complaint.
ANSWER TO CITY OF FORT COLLINS
304. Officer Haferman incorporates the responses in Paragraphs 1 through 303 above as
if fully set forth herein.
305. The allegation(s) contained in Paragraph 305 of the Second 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 305 of the
Second Amended Complaint.
306. The allegation(s) contained in Paragraph 306 of the Second 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 306 of the
Second Amended Complaint.
307. The allegation(s) contained in Paragraph 307 of the Second 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 307 of the
Second Amended Complaint.
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308. Officer Haferman denies the allegation(s) contained in Paragraph 308 of the Second
Amended Complaint.
309. As to the allegation(s) contained in Paragraph 309 of the Second Amended
Complaint, Officer Haferman denies wrongfully arresting people and charging them with DUI.
The remaining allegation(s) contained in Paragraph 309 of the Second 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 309 of the Second
Amended Complaint.
310. As to the allegation(s) contained in Paragraph 310 of the Second Amended
Complaint, Officer Haferman denies wrongfully arresting people and charging them with DUI.
The remaining allegation(s) contained in Paragraph 310 of the Second 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 310 of the Second
Amended Complaint.
311. Officer Haferman denies the allegation(s) contained in Paragraph 311 of the Second
Amended Complaint.
312. The allegation(s) contained in Paragraph 312 of the Second 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 312 of the
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Second Amended Complaint.
313. As to the allegation(s) contained in Paragraph 313 of the Second Amended
Complaint, Officer Haferman denies wrongfully arresting people and charging them with DUI.
The remaining allegation(s) contained in Paragraph 313 of the Second 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 313 of the Second
Amended Complaint.
314. Officer Haferman denies the allegation(s) contained in Paragraph 314 of the Second
Amended Complaint.
ANSWER TO THIRD CLAIM FOR RELIEF
Section 13-21-131, C.R.S. – Violation of Due Process
Malicious Prosecution, Conspiracy to Maliciously Prosecute
Violation of Colorado Constitution, Article II, Section 25
(against Defendants Haferman, Sergeant Heaton)
315. Officer Haferman incorporates the responses in Paragraphs 1 through 314 above as
if fully set forth herein.
316. As to the allegation(s) contained in Paragraph 316 of the Second Amended
Complaint, Officer Haferman admits that at the time of this incident he and Sergeant Heaton were
police officers employed by the City of Fort Collins and its Police Department. As to allegation
that Officer Haferman and Sergeant Heaton were police officers under Colo. Rev. Stat. §24-31-
901(3), the allegation contains a legal conclusion to which no response is required. To the extent
a response is required, Officer Haferman denies the allegation as contained in Paragraph 316 of
the Second Amended Complaint. Officer Haferman denies the remaining allegation(s) contained
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in Paragraph 316 of the Second Amended Complaint.
317. The allegation(s) contained in Paragraph 317 of the Second 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 317 of the Second Amended
Complaint.
318. Officer Haferman denies the allegation(s) contained in Paragraph 318 of the Second
Amended Complaint.
319. Officer Haferman denies the allegation(s) contained in Paragraph 319 of the Second
Amended Complaint.
320. Officer Haferman denies the allegation(s) contained in Paragraph 320 of the Second
Amended Complaint.
321. Officer Haferman denies the allegation(s) contained in Paragraph 321 of the Second
Amended Complaint.
322. Officer Haferman denies the allegation(s) contained in Paragraph 322 of the Second
Amended Complaint.
323. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 323 of the Second Amended Complaint,
and, therefore, denies the same.
324. Officer Haferman denies the allegation(s) contained in Paragraph 324 of the Second
Amended Complaint.
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ANSWER TO FOURTH CLAIM FOR RELIEF
42 U.S.C. §1983 – Malicious Prosecution
Fourth Amendment, Due Process Violations
(against Defendants Haferman and Heaton)
325. Officer Haferman incorporates the responses in Paragraphs 1 through 324 above as
if fully set forth herein.
326. Officer Haferman denies the allegation(s) contained in Paragraph 326 of the Second
Amended Complaint.
327. Officer Haferman denies the allegation(s) contained in Paragraph 327 of the Second
Amended Complaint.
328. Officer Haferman denies the allegation(s) contained in Paragraph 328 of the Second
Amended Complaint.
329. Officer Haferman denies the allegation(s) contained in Paragraph 329 of the Second
Amended Complaint.
330. Officer Haferman denies the allegation(s) contained in Paragraph 330 of the Second
Amended Complaint.
ANSWER TO FIFTH CLAIM FOR RELIEF
42 U.S.C. §1985 – Conspiracy to Deprive Rights or Privileges
(against Defendants Haferman and Heaton)
331. Officer Haferman incorporates the responses in Paragraphs 1 through 330 above as
if fully set forth herein.
332. The allegation(s) contained in Paragraph 332 of the Second 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 332 of the Second Amended
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Complaint.
333. The allegation(s) contained in Paragraph 333 of the Second 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 333 of the Second Amended
Complaint.
334. Officer Haferman denies the allegation(s) contained in Paragraph 334 of the Second
Amended Complaint.
335. Officer Haferman denies the allegation(s) contained in Paragraph 335 of the Second
Amended Complaint.
336. Officer Haferman denies the allegation(s) contained in Paragraph 336 of the Second
Amended Complaint.
337. Officer Haferman denies the allegation(s) contained in Paragraph 337 of the Second
Amended Complaint.
338. Officer Haferman denies the allegation(s) contained in Paragraph 338 of the Second
Amended Complaint.
ANSWER TO PRAYER FOR RELIEF
The Prayer for Relief on Pages 94-95 of the Second 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 Pages 94-95 of the Second
Amended Complaint.
GENERAL DENIAL
Officer Haferman denies each and every allegation not specifically admitted herein.
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AFFIRMATIVE DEFENSES
1. Plaintiff’s Second 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.
8. Plaintiff’s claims against Officer Haferman are substantially frivolous and
groundless, entitling Officer Haferman to recover his reasonable expenses, including attorneys'
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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 13th day of May 2024.
SGR, LLC
/s/ Jonathan M. Abramson
Jonathan Abramson, Esq.
Yulia Nikolaevskaya, Esq.
3900 East Mexico Ave., Suite 700
Denver, CO 80210
Telephone: 303-320-0509
Email: jabramson@sgrllc.com
jnikolaevskaya@sgrllc.com
Attorneys for Defendant Jason Haferman
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CERTIFICATE OF SERVICE
I hereby certify that on the 13th day of May 2024, 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 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/James Reynolds
Paralegal
SGR, LLC
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