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HomeMy WebLinkAbout2023-cv-1344 - Sever v. City of Fort Collins, et al. - 072 - Defendant City's Answer, Defenses, and Affirmative Defenses to First Amended ComplaintIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:23-cv-1344-NYW-NRN Carl Sever, Plaintiff. v. City of Fort Collins; and Jason Haferman; Defendants. DEFENDANT CITY OF FORT COLLINS’ ANSWER, DEFENSES, AND AFFIRMATIVE DEFENSES TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND JURY DEMAND [ECF 45] Defendants City of Fort Collins (“City” or “Defendant”), by and through its undersigned counsel, Hall & Evans, LLC, hereby submit the following as its Answer, Defenses, and Affirmative Defenses to Plaintiff’s First Amended Complaint (ECF 29-1) and (ECF 45) (“Complaint”). CERTIFICATE RE: ARTIFICIAL INTELLIGENCE (“AI”) Counsel for Defendant hereby certifies that no portion of this filing was drafted by AI. RESPONSE TO “I. INTRODUCTION” 1. The allegations set forth in paragraph 1 of the Complaint, are conclusory while at the same time purport to set forth a legal conclusion to which no response is required. To the extent the allegations set forth in paragraph 1 of the Complaint are determined to be factual, Defendant denies all of the allegations in paragraph 1 of the Complaint, including but not limited to, the notion Plaintiff is entitled to any relief whatsoever. Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 1 of 36 2 2. Defendant admits subject matter jurisdiction over Plaintiff’s 42 U.S.C. § 1983 claim is proper before this Court pursuant to 28 U.S.C. § 1331. Defendant admits Plaintiff attempts claims against Defendant under federal law, but denies Plaintiff states any cognizable claims against Defendant. Defendant admits this Court has supplemental jurisdiction over Plaintiff’s state law claims. Defendant denies all the remaining allegations contained in paragraph 2 of the Complaint while noting the referenced federal and state statutes in their entirety speak for themselves. 3. Defendant admits venue is proper in this Court, but denies the remaining allegations set forth in paragraph 3 of the Complaint. 4. Defendant admits subject matter jurisdiction over Plaintiff’s 42 U.S.C. § 1983 claim is proper before this Court pursuant to 28 U.S.C. § 1331, but denies Plaintiff is entitled to any relief, whatsoever, including but not limited to attorneys’ fees. Defendant denies all of the remaining allegations in paragraph 4 of the Complaint. 5. Defendant admits Plaintiff was arrested in the City of Fort Collins, Colorado. Defendant denies all of the remaining allegations in paragraph 5 of the Complaint. RESPONSE TO “II. PARTIES” 6. Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 6 of the Complaint, requiring denial of same. 7. Defendant admits Defendant Jason Haferman was a POST Certified Police Officer for the City of Fort Collins during the timeframe relevant to Plaintiff’s Complaint. Defendant lacks sufficient knowledge or information regarding the remaining allegations set forth in paragraph 7 of the Complaint, requiring denial of same. Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 2 of 36 3 8. Defendant admits the City is a municipal corporation, located in the State of Colorado and admits Fort Collins Police Services is a department within the City of Fort Collins. Defendant admits laws are enforced by the City through Fort Collins Police Services. Defendant denies all the remaining allegations set forth in paragraph 8 of the Complaint. 9. Defendant admits that at the time of the incident as set forth in Plaintiff’s Complaint, the City employed Haferman, Corporal Bogosian, and Sergeant Heaton. Defendant admits the supervision of Haferman, Corporal Bogosian, and Sergeant Heaton was delegated to Fort Collins Police Services. The remaining allegations set forth in paragraph 9 of the Complaint, if any, are denied. 10. The allegations set forth in paragraph 10 of the Complaint are conclusory, and therefore, no response is required. To the extent the allegations set forth in paragraph 10 of the Complaint are determined to be factual, Defendant admits the City, through Fort Collins Police Services, was responsible for the implementation and enforcement of policies and procedures specifically related to Fort Collins Police Services. The remaining allegations set forth in paragraph 10 of the Complaint, are denied. 11. The allegations set forth in paragraph 11 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 11 of the Complaint are determined to be factual, Defendant admits Sergeant Heaton had supervisory responsibilities over Jason Haferman, but denies any such responsibilities were exclusive. Defendant denies any arrests identified by the Plaintiff or Plaintiff’s Counsel in this or other litigation, were wrongful. The remaining allegations set forth in paragraph 11 of the Complaint, if any, are denied. Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 3 of 36 4 12. The allegations set forth in paragraph 12 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 12 of the Complaint are determined to be factual, Defendant admits Corporal Bogosian had supervisory responsibilities over Jason Haferman, but denies any such responsibilities were exclusive. Defendant denies any arrests identified by the Plaintiff or Plaintiff’s Counsel in this or other litigation, were wrongful. The remaining allegations set forth in paragraph 12 of the Complaint, if any, are denied. RESPONSE TO “III. STATEMENT OF FACTS” 13. Defendant admits the allegations set forth in paragraph 13 of the Complaint. 14. The allegations set forth in paragraph 14 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 14 of the Complaint are determined to be factual, said allegations are denied. 15. The allegations set forth in paragraph 15 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 15 of the Complaint are determined to be factual, said allegations are denied. 16. The allegations set forth in paragraph 16 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 16 of the Complaint are determined to be factual, said allegations are denied. 17. The allegations set forth in paragraph 17 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 17 of the Complaint are determined to be factual, said allegations are denied. Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 4 of 36 5 18. The allegations set forth in paragraph 18 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 18 of the Complaint are determined to be factual, said allegations are denied. 19. The allegations set forth in paragraph 19 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 19 of the Complaint are determined to be factual, said allegations are denied. 20. The allegations set forth in paragraph 20 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 20 of the Complaint are determined to be factual, Defendant states the Court’s conclusions in the Larkin matter speak for themselves and deny any allegations which differ from these conclusions, are incomplete, or are otherwise taken out of context. The remaining allegations set forth in paragraph 20 of the Complaint, are denied. 21. The allegations set forth in paragraph 21 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 21 of the Complaint are determined to be factual, Defendant states the Court’s conclusions in the Larkin matter speak for themselves and deny any allegations which differ from these conclusions, are incomplete, or are otherwise taken out of context. The remaining allegations set forth in paragraph 21 of the Complaint, are denied. 22. The allegations set forth in paragraph 22 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 22 of the Complaint are determined to be factual, said allegations are denied. Defendant denies all of the allegations in accompanying footnote 2. Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 5 of 36 6 23. The allegations set forth in paragraph 23 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 23 of the Complaint are determined to be factual, Defendant states Mr. Haferman received training. The remaining allegations set forth in paragraph 23 of the Complaint, are denied. 24. The allegations set forth in paragraph 24(a) to (c) of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 24(a) to (c) of the Complaint are determined to be factual, said allegations are denied. 25. The allegations set forth in paragraph 25 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 25 of the Complaint are determined to be factual, said allegations are denied. 26. The allegations set forth in paragraph 26 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 26 of the Complaint are determined to be factual, said allegations are denied. 27. The allegations set forth in paragraph 27 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 27 of the Complaint are determined to be factual, said allegations are denied. 28. The allegations set forth in paragraph 28 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 28 of the Complaint are determined to be factual, said allegations are denied. 29. Defendant admits at the time of the incident as set forth in the Complaint, Corporal Bogosian was a Police Officer for the City of Fort Collins and at times, Corporal Bogosian was Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 6 of 36 7 Haferman’s supervisor. The remaining allegations set forth in paragraph 29 of the Complaint, are denied. 30. The City admits at some point Corporal Bogosian counseled Mr. Haferman regarding administration of one portion of the Standardized Field Sobriety Tests (“SFSTs”). Defendant states the training required by NHTSA speaks for itself and deny any allegations which differ from this training, are incomplete, or are otherwise taken out of context. The remaining allegations set forth in paragraph 30(a) to (i) are denied. 31. The allegations set forth in paragraph 31 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 31(a) to (g) of the Complaint are determined to be factual, said allegations are denied. 32. The allegations set forth in paragraph 32 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 32 of the Complaint are determined to be factual, said allegations are denied. 33. The City admits a statement was made indicating internal review of DUI arrests are made, when tests from CBI come back as negative for drugs or alcohol. The City denies any such statement is an admission. The remaining allegations set forth in paragraph 33 of the Complaint, are denied. 34. The allegations set forth in paragraph 34 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 34 of the Complaint are determined to be factual, said allegations are denied. Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 7 of 36 8 35. The allegations set forth in paragraph 35 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 35 of the Complaint are determined to be factual, said allegations are denied. 36. The City admits no “remedial action”, discipline, or any other form of verbal counseling was given to Haferman by FCPS, with respect to the arrest of “C.B.”. The remaining allegations set forth in paragraph 36 of the Complaint, are denied. 37. The allegations set forth in paragraph 37(a) to (p) of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 37 of the Complaint are determined to be factual, Defendant states any rulings by the Court in the Padilla matter, speak for themselves and deny any allegations which differ from these rulings, are incomplete, or are otherwise taken out of context. The remaining allegations set forth in paragraph 37(a) to (p) of the Complaint, are denied. 38. The allegations set forth in paragraph 38 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 38 of the Complaint are determined to be factual, said allegations are denied. 39. The allegations set forth in paragraph 39 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 39 of the Complaint are determined to be factual, said allegations are denied. 40. The allegations set forth in paragraph 40 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 40 of the Complaint are determined to be factual, said allegations are denied. Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 8 of 36 9 41. The allegations set forth in paragraph 41(a) to (c) of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 41(a) to (c) of the Complaint are determined to be factual, said allegations are denied. 42. The allegations set forth in paragraph 42 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 42 of the Complaint are determined to be factual, said allegations are denied. 43. The allegations set forth in paragraph 43(a) to (e) of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 43(a) to (e) of the Complaint are determined to be factual, said allegations are denied. 44. The allegations set forth in paragraph 44(a) to (d) of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 44(a) to (d) of the Complaint are determined to be factual, said allegations are denied. 45. The allegations set forth in paragraph 45(a) to (e) of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 45 (a) to (e) of the Complaint are determined to be factual, said allegations are denied. 46. The allegations set forth in paragraph 46 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 46 of the Complaint are determined to be factual, said allegations are denied. 47. The allegations set forth in paragraph 47 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 47 of the Complaint are determined to be factual, said allegations are denied. Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 9 of 36 10 48. The allegations set forth in paragraph 48 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 48 of the Complaint are determined to be factual, said allegations are denied. 49. The allegations set forth in paragraph 49 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 49 of the Complaint are determined to be factual, said allegations are denied. RESPONSE TO “WRONGFUL ARREST OF PLAINTIFF CARL SEVER” 50. The allegations set forth in paragraph 50 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 50 of the Complaint are determined to be factual, said allegations are denied. 51. Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 51 of the Complaint, requiring denial of same. 52. Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 52 of the Complaint, requiring denial of same. 53. Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 53 of the Complaint, requiring denial of same. 54. Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 54 of the Complaint, requiring denial of same. 55. Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 55 of the Complaint, requiring denial of same. 56. The allegations set forth in paragraph 56 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 56 of the Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 10 of 36 11 Complaint are determined to be factual, Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 56 of the Complaint, requiring denial of same. 57. Defendant admits Haferman has been provided training on detecting impairment. Defendant is without sufficient knowledge or information regarding the remaining allegations set forth in paragraph 57 of the Complaint, requiring denial of same. 58. Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 58 of the Complaint, requiring denial of same. 59. The allegations set forth in paragraph 59 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 59 of the Complaint are determined to be factual, Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 59 of the Complaint, requiring denial of same. 60. The allegations set forth in paragraph 60 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 60 of the Complaint are determined to be factual, said allegations are denied. 61. The allegations set forth in paragraph 61 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 61 of the Complaint are determined to be factual, said allegations are denied. 62. The allegations set forth in paragraph 62 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 62 of the Complaint are determined to be factual, Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 62 of the Complaint, requiring denial of same. Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 11 of 36 12 63. The allegations set forth in paragraph 63 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 63 of the Complaint are determined to be factual, said allegations are denied. 64. The allegations set forth in paragraph 64 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 64 of the Complaint are determined to be factual, Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 64 of the Complaint, requiring denial of same. 65. The allegations set forth in paragraph 65 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 65 of the Complaint are determined to be factual, Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 65 of the Complaint, requiring denial of same. 66. Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 66 of the Complaint, requiring denial of same. 67. The allegations set forth in paragraph 67 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 67 of the Complaint are determined to be factual, Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 67 of the Complaint, requiring denial of same. 68. The allegations set forth in paragraph 68 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 68 of the Complaint are determined to be factual, Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 68 of the Complaint, requiring denial of same. Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 12 of 36 13 69. Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 69 of the Complaint, requiring denial of same. 70. Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 70 of the Complaint, requiring denial of same. 71. The allegations set forth in paragraph 71 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 71 of the Complaint are determined to be factual, Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 71 of the Complaint, requiring denial of same. 72. The allegations set forth in paragraph 72 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 72 of the Complaint are determined to be factual, said allegations are denied. 73. The allegations set forth in paragraph 73 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 73 of the Complaint are determined to be factual, Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 73 of the Complaint, requiring denial of same. 74. The allegations set forth in paragraph 74 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 74 of the Complaint are determined to be factual, Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 74 of the Complaint, requiring denial of same. 75. The allegations set forth in paragraph 75 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 75 of the Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 13 of 36 14 Complaint are determined to be factual, Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 75 of the Complaint, requiring denial of same. 76. The allegations set forth in paragraph 76 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 76 of the Complaint are determined to be factual, said allegations are denied. 77. Defendant states the NHTSA manual speaks for itself and deny any allegations which differ from the manual, are incomplete, or otherwise taken out of context. 78. The allegations set forth in paragraph 78 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 78 of the Complaint are determined to be factual, Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 78 of the Complaint, requiring denial of same. 79. The allegations set forth in paragraph 79 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 79 of the Complaint are determined to be factual, Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 79 of the Complaint, requiring denial of same. 80. The allegations set forth in paragraph 80 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 80 of the Complaint are determined to be factual, Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 80 of the Complaint, requiring denial of same. 81. The allegations set forth in paragraph 81 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 81 of the Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 14 of 36 15 Complaint are determined to be factual, Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 81 of the Complaint, requiring denial of same. 82. The allegations set forth in paragraph 82 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 82 of the Complaint are determined to be factual, Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 82 of the Complaint, requiring denial of same. 83. The allegations set forth in paragraph 83 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 83 of the Complaint are determined to be factual, Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 83 of the Complaint, requiring denial of same. 84. The allegations set forth in paragraph 84 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 84 of the Complaint are determined to be factual, Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 84 of the Complaint, requiring denial of same. 85. Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 85 of the Complaint, requiring denial of same. 86. The allegations set forth in paragraph 86 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 86 of the Complaint are determined to be factual, Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 86 of the Complaint, requiring denial of same. 87. The allegations set forth in paragraph 87 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 87 of the Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 15 of 36 16 Complaint are determined to be factual, Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 87 of the Complaint, requiring denial of same. 88. The allegations set forth in paragraph 88 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 88 of the Complaint are determined to be factual, Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 88 of the Complaint, requiring denial of same. 89. The allegations set forth in paragraph 89 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 89 of the Complaint are determined to be factual, Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 89 of the Complaint, requiring denial of same. 90. The allegations set forth in paragraph 90 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 90 of the Complaint are determined to be factual, Defendant admits Haferman placed Plaintiff under arrest for DUI. Defendant is without sufficient knowledge or information regarding the remaining allegations set forth in paragraph 90 of the Complaint, requiring denial of same. 91. Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 91 of the Complaint, requiring denial of same. 92. Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 92 of the Complaint, requiring denial of same. 93. The allegations set forth in paragraph 93 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 93 of the Complaint are determined to be factual, Defendant admits Plaintiff was placed in a patrol car. Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 16 of 36 17 Defendant is without sufficient knowledge or information regarding the remaining allegations set forth in paragraph 93 of the Complaint, requiring denial of same. 94. The City admits that Mr. Sever was arrested, placed in Officer Haferman’s patrol car, and asked to submit to blood test. The City denies all of the remaining allegations in paragraph 94 of the Complaint. 95. Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 95 of the Complaint, requiring denial of same. 96. The allegations set forth in paragraph 96 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 96 of the Complaint are determined to be factual, Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 96 of the Complaint, requiring denial of same. 97. The allegations set forth in paragraph 97 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 97 of the Complaint are determined to be factual, Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 97 of the Complaint, requiring denial of same. 98. Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 98 of the Complaint, requiring denial of same. 99. The allegations set forth in paragraph 99 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 99 of the Complaint is determined to be factual, said allegations are denied. 100. The allegations set forth in paragraph 100 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 100 of the Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 17 of 36 18 Complaint are determined to be factual, Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 100 of the Complaint, requiring denial of same. 101. The allegations set forth in paragraph 101 of the Complaint are conclusory, and therefore, no response is required. To the extent the allegations set forth in paragraph 101 of the Complaint are determined to be factual, Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 101 of the Complaint, requiring denial of same. 102. The City admits that Mr. Sever was taken to the hospital for a blood draw. The City is without sufficient knowledge or information regarding the remaining allegations set forth in paragraph 102 of the Complaint, requiring denial of same. 103. Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 103 of the Complaint, requiring denial of same. 104. The allegations set forth in paragraph 104 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 104 of the Complaint are determined to be factual, Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 104 of the Complaint, requiring denial of same. 105. Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 105 of the Complaint, requiring denial of same. 106. Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 106 of the Complaint, requiring denial of same. 107. Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 107 of the Complaint, requiring denial of same. Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 18 of 36 19 108. Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 108 of the Complaint, requiring denial of same. 109. Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 109 of the Complaint, requiring denial of same. 110. Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 110 of the Complaint, requiring denial of same. 111. The City admits Mr. Sever’s blood results came back as negative for alcohol and impairing drugs. The remaining allegations set forth in paragraph 111 of the Complaint are conclusory, and therefore no response is required. To the extent the remaining allegations set forth in paragraph 111 of the Complaint are determined to be factual, said remaining allegations are denied. 112. The City admits the allegations contained in paragraph 112 of the Complaint. 113. The allegations set forth in paragraph 113 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 113 of the Complaint are determined to be factual, said allegations are denied. RESPONSE TO “HAFERMAN CARRIES ON” 114. The City admits Jesse Cunningham was arrested on or about July 29, 2021. The remaining allegations set forth in paragraphs 114(a) – (aa) of the Complaint are conclusory, and therefore no response is required. To the extent the remaining allegations set forth in paragraph 114(a) – (aa) of the Complaint are determined to be factual, said allegations are denied. Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 19 of 36 20 115. The allegations set forth in paragraph 115(a) to (l) of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 115 (a) to (l) of the Complaint are determined to be factual, said allegations are denied. 116. The allegations set forth in paragraph 116(a) to (f) of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 116 (a) to (f) of the Complaint are determined to be factual, said allegations are denied. 117. The allegations set forth in paragraph 117(a) to (f) of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 117(a) to (f) of the Complaint are determined to be factual, said allegations are denied. 118. The allegations set forth in paragraph 118(a) to (g) of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 118(a) to (g) of the Complaint are determined to be factual, said allegations are denied. 119. The allegations set forth in paragraph 119(a) to (f) of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 119 (a) to (f) of the Complaint are determined to be factual, said allegations are denied. 120. Defendant admit Harris Elias was arrested on or about December 3, 2021. The remaining allegations set forth in paragraphs 120 of the Complaint are conclusory, and therefore no response is required. To the extent the remaining allegations set forth in paragraph 120 of the Complaint are determined to be factual, said allegations are denied. 121. The allegations set forth in paragraph 121(a) to (e) of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 121 (a) to (e) of the Complaint are determined to be factual, said allegations are denied. Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 20 of 36 21 122. The allegations set forth in paragraph 122(a) to (e) of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 122 (a) to (e) of the Complaint are determined to be factual, said allegations are denied. 123. The City admits Derrick Groves was arrested on or about April 7, 2022. The remaining allegations set forth in paragraphs 123 of the Complaint are conclusory, and therefore no response is required. To the extent the remaining allegations set forth in paragraph 123 of the Complaint are determined to be factual, said remaining allegations are denied. 124. The allegations set forth in paragraph 124(a) – (d) of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 124(a) – (d) of the Complaint are determined to be factual, said allegations are denied. RESPONSE TO “THE ACCESSIBLE DATA IS INCOMPLETE” 125. The City affirmatively states it has not expressly calculated the percentage set forth in paragraph 125 of the Complaint, and therefore the City is without sufficient knowledge or information regarding the allegations set forth in paragraph 125 of the Complaint, requiring denial of same. The City affirmatively states Plaintiff has not issued any discovery responses in this case. The City affirmatively states Plaintiff requested information about the total number of DUI arrest cases for Haferman in another case; and the City is working on a supplement to its discovery responses in accordance with the Federal Rules. 126. The allegations set forth in paragraph 126 (a)-(e) of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 126 (a)- (e) of the Complaint are determined to be factual, said allegations are denied. Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 21 of 36 22 127. The allegations set forth in paragraph 127 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 127 of the Complaint are determined to be factual, said allegations are denied. RESPONSE TO “MEDIA COVERAGE PROMPTS FCPS TO LIE, SCRAMBLE, AND GAS-LIGHT THE PUBLIC” 128. The City admits Mr. Low sent a records request to FCPS. The City is without sufficient knowledge or information regarding the remaining allegations set forth in paragraph 128 of the Complaint, requiring denial of same. 129. The allegations set forth in paragraph 129 of the Complaint are conclusory, and therefore, no response is required. To the extent the allegations set forth in paragraph 129 of the Complaint are determined to be factual, the City admits it responded to Mr. Low’s record request. The City denies all of the remaining allegations in paragraph 129 of the Complaint. 130. The allegations set forth in paragraph 130 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 130 of the Complaint are determined to be factual, said allegations are denied. 131. The allegations set forth in paragraph 131 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 131 of the Complaint are determined to be factual, said allegations are denied. 132. The allegations set forth in paragraph 132 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 132 of the Complaint are determined to be factual, said allegations are denied. 133. The allegations set forth in paragraph 133 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 133 of the Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 22 of 36 23 Complaint are determined to be factual, Defendant admits Haferman was transferred out of the DUI officer position. Defendant is without sufficient knowledge or information regarding the remaining allegations set forth in paragraph 133 of the Complaint, requiring denial of same. 134. The allegations set forth in paragraph 134 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 134 of the Complaint are determined to be factual, the City admits Haferman arrested Chuck Matta for DUI. The City denies the remaining allegations in paragraph 134 of the Complaint. 135. The allegations set forth in paragraph 135 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 135 of the Complaint are determined to be factual, said allegations are denied. 136. The allegations set forth in paragraph 136(a) – (b) of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 136(a) – (b) of the Complaint are determined to be factual, the City denies all the allegations in paragraph 136 (a)-(b) of the Complaint. 137. The City admits it provided information to Mr. Low. The City denies the remaining allegations in paragraph 137. 138. The allegations set forth in paragraph 138 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 138 of the Complaint are determined to be factual, said allegations are denied. 139. Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 139 of the Complaint, requiring denial of same. Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 23 of 36 24 140. Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 140 of the Complaint, requiring denial of same. 141. Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 141 of the Complaint, requiring denial of same. 142. The allegations set forth in paragraph 142 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 142 of the Complaint are determined to be factual, said allegations are denied. 143. The allegations set forth in paragraph 143 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 143 of the Complaint are determined to be factual, said allegations are denied. 144. The allegations set forth in paragraph 144 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 144 of the Complaint are determined to be factual, said allegations are denied. 145. Defendant is without sufficient knowledge or information regarding the allegations set forth in paragraph 145 of the Complaint, requiring denial of same. 146. The City admits Chief Swoboda, through the City and Fort Collins Police Services, released a video on YouTube. The remaining allegations set forth in paragraph 146 of the Complaint, are denied. 147. The allegations set forth in paragraph 147 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 147 of the Complaint are determined to be factual, said allegations are denied. Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 24 of 36 25 148. The allegations set forth in paragraph 148 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 148 of the Complaint are determined to be factual, said allegations are denied. 149. Defendant states Chief Swoboda’s public statement speaks for itself and deny any allegations which differ from Chief Swoboda’s statement, are incomplete, or otherwise taken out of context. The remaining allegations set forth in paragraphs 149(a) to (c) are conclusory and therefore no response is required. To the extent the remaining allegations set forth in paragraph 149(a) to (c) are determined to be factual, said allegations are denied. 150. The allegations set forth in paragraph 150 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 150 of the Complaint are determined to be factual, said allegations are denied. 151. The allegations set forth in paragraph 151(a) to (d) of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 151 (a) to (d) of the Complaint are determined to be factual, said allegations are denied. 152. The allegations set forth in paragraph 152 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 152 of the Complaint are determined to be factual, said allegations are denied. 153. The allegations set forth in paragraph 153 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 153 of the Complaint are determined to be factual, said allegations are denied. Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 25 of 36 26 154. The allegations set forth in paragraph 154 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 154 of the Complaint are determined to be factual, said allegations are denied. 155. Defendant states CBI’s website as of March 28, 2023, speaks for itself and deny any allegations which differ from the website, are incomplete, or otherwise taken out of context. The remaining allegations set forth in paragraph 155(a) – (b) of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 155(a) – (b) of the Complaint are determined to be factual, said allegations are denied. 156. Defendant states CBI’s testing form speaks for itself and denies any allegations which differ from the form, are incomplete, or otherwise taken out of context. The allegations set forth in paragraph 156(a) to (b) of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 156 (a) to (b) of the Complaint are determined to be factual, said allegations are denied. 157. The allegations set forth in paragraph 157 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 157 of the Complaint are determined to be factual, said allegations are denied. 158. Defendant states CBI’s website as of March 28, 2023, speaks for itself and deny any allegations which differ from the website, are incomplete, or otherwise taken out of context. The remaining allegations set forth in paragraph 158 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 158 of the Complaint are determined to be factual, said allegations are denied. Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 26 of 36 27 159. The allegations set forth in paragraph 159 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 159 of the Complaint are determined to be factual, said allegations are denied. 160. The City admits the allegations set forth in paragraph 160 of the Complaint. 161. The allegations set forth in paragraph 161 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 161 of the Complaint are determined to be factual, said allegations are denied. 162. The allegations set forth in paragraph 162(a) to (c) of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 162(a) to (c) of the Complaint are determined to be factual, said allegations are denied. 163. The allegations set forth in paragraph 163(a) to (e) of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 163 (a) to (e) of the Complaint are determined to be factual, said allegations are denied. 164. The statements and findings in the referenced investigatory report, speak for themselves. The allegations set forth in paragraph 164 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 164 of the Complaint are determined to be factual, said allegations are denied. 165. The allegations set forth in paragraph 165 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 165 of the Complaint are determined to be factual, said allegations are denied. Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 27 of 36 28 166. The allegations set forth in paragraph 166 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 166 of the Complaint are determined to be factual, said allegations are denied. 167. The allegations set forth in paragraph 167 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 167 of the Complaint are determined to be factual, said allegations are denied. 168. The allegations set forth in paragraph 168 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 168 of the Complaint are determined to be factual, said allegations are denied. 169. The allegations set forth in paragraph 169 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 169 of the Complaint are determined to be factual, said allegations are denied. 170. The allegations set forth in paragraph 170 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 170 of the Complaint are determined to be factual, said allegations are denied. 171. The City denies the allegations in paragraph 171 of the Complaint. 172. The City admits the allegations set forth in paragraph 172 of the Complaint. 173. The City admits Chief Swoboda made a statement which was placed on the City’s Facebook page. The remaining allegations set forth in paragraph 173 of the Complaint, are denied. 174. The allegations set forth in paragraph 174 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 174 of the Complaint are determined to be factual, said allegations are denied. Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 28 of 36 29 175. The allegations set forth in paragraph 175 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 175 of the Complaint are determined to be factual, said allegations are denied. 176. The allegations set forth in paragraph 176 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 176 of the Complaint are determined to be factual, said allegations are denied. 177. The allegations set forth in paragraph 177 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 177 of the Complaint are determined to be factual, said allegations are denied. RESPONSE TO “IV. CLAIMS FOR RELIEF” RESPONSE TO “FIRST CLAIM FOR RELIEF” Section 13-21-131, C.R.S. – Arrest without Probable Cause Violation of Colorado Constitution, Article II, Section 7 (against Defendant Haferman) 178. Defendant hereby restates its responses to paragraphs 1 to 177 of the Complaint, as though full set forth herein. 179. The allegations set forth in paragraph 179 of the Complaint are conclusory while at the same time purport to set forth a legal conclusion to which no response is required. To the extent the allegations set forth in paragraph 179 of the Complaint are determined to be factual, this Defendants states the cited statutory provision speaks for itself. The remaining allegations set forth in paragraph 179 of the Complaint, if any, are denied. 180. The allegations set forth in paragraph 180 of the Complaint are conclusory while at the same time purport to set forth a legal conclusion to which no response is required. To the extent the allegations set forth in paragraph 180 of the Complaint are determined to be factual, this Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 29 of 36 30 Defendants states the cited statutory provision speaks for itself. The remaining allegations set forth in paragraph 179 of the Complaint, if any, are denied. 182. Based on information and belief, the allegations set forth in paragraph 182 of the Complaint, are denied. 183. The allegations set forth in paragraph 183 of the Complaint, are denied. 184. Based on information and belief, Officer Haferman did not have a warrant to arrest Mr. Sever. This Defendant states no warrant was required pursuant to the Fourth Amendment of the United States Constitution. The remaining allegations set forth in paragraph 184 of the Complaint, if any, are denied. 185. The allegations set forth in paragraph 185 of the Complaint, are denied. 186. Based on information and belief, the allegations set forth in paragraph 186 of terh Complaint, are denied. 187-189. Paragraphs 187 to 189 of the Complaint are not directed at the Defendant, and therefore no response is required from the Defendant. To the extent the allegations set forth in paragraphs 187-189 of the Complaint are determined to be directed at the Defendant, any such allegations are denied. RESPONSE TO “SECOND CLAIM FOR RELIEF” 42 U.S.C. § 1983 – Unlawful Arrest Without Probable Cause – Individual, Failure-to- Supervise/Train, Unconstitutional Pattern/Practice under Monell Violation of Fourth Amendment, Due Process (against Defendants Haferman, Sergeant Heaton, Corporal Bogosian, and Fort Collins) Response to “Haferman” 190. Defendant hereby restates its responses to paragraphs 1 to 189 of the Complaint, as though full set forth herein. Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 30 of 36 31 191-196. Paragraphs 191 to 196 of the Complaint are not directed at the City, and therefore no response is required from the City. To the extent the allegations set forth in paragraphs 191- 196 of the Complaint are determined to be directed at the City, any such allegations are denied. RESPONSE TO “SERGEANT HEATON” 197-202. Paragraphs 197 to 202 of the Complaint are not directed at the City, and therefore no response is required from the City. Plaintiff filed a Stipulated Notice of Dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) for former Defendant Sergeant Heaton on December 6, 2023 [ECF 43], and Plaintiff’s claims against Sergeant Heaton were dismissed pursuant to this Notice. The Court ordered the Clerk to terminate Sergeant Heaton from this action on December 7, 2023. [ECF 44]. To the extent the allegations set forth in paragraphs 197-202 of the Complaint are determined to be directed at the City, the City admits Sgt. Heaton supervised Haferman for some of the timeframe relevant to the Complaint. The City denies the remaining allegations in paragraphs 197-202. RESPONSE TO “CORPORAL BOGOSIAN” 203-207. Paragraphs 203-207 of the Complaint are not directed at the City, and therefore no response is required from the City. Plaintiff filed a Stipulated Notice of Dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) for former Defendant Corporal Bogosian on December 6, 2023 [ECF 42], and Plaintiff’s claims against Corporal Bogosian were dismissed pursuant to this Notice. The Court ordered the Clerk to terminate Corporal Bogosian from this action on December 7, 2023. [ECF 44]. To the extent the allegations set forth in paragraphs 203-207 of the Complaint are determined to be directed at the City, the City admits Corporal Bogosian supervised Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 31 of 36 32 Haferman for some of the timeframe relevant to the Complaint. The City denies the remaining allegations in paragraphs 203-207. RESPONSE TO “CITY OF FORT COLLINS” 208. The City admits it is a municipal corporation, located in the State of Colorado and Fort Collins Police Services is a department within the City of Fort Collins. The City further admits laws are enforced by the City through Fort Collins Police Services. The City denies the remaining allegations set forth in paragraph 208 of the Complaint. 209. The City admits only to those duties imposed by law. The remaining allegations set forth in paragraph 209 of the Complaint, if any, are denied. 210. The allegations set forth in paragraph 210 of the Complaint are conclusory, and therefore no response is required. To the extent the allegations set forth in paragraph 210 of the Complaint are determined to be factual, the City admits it, through Fort Collins Police Services, was responsible for the implementation and enforcement of policies and procedures specifically related to the Fort Collins Police Services. The remaining allegations set forth in paragraph 210 of the Complaint, are denied. 211. The City denies all of the allegations in paragraph 211 of the Complaint. 212. The City denies all of the allegations in paragraph 212 of the Complaint. 213. The City denies all of the allegations in paragraph 213 of the Complaint. 214. The City denies all of the allegations in paragraph 214 of the Complaint. 215. The City denies all of the allegations in paragraph 215 of the Complaint. 216. The City denies all of the allegations in paragraph 216 of the Complaint RESPONSE TO “THIRD CLAIM FOR RELIEF” Section 13-21-131, C.R.C. – Violation of Due Process Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 32 of 36 33 Malicious Prosecution Violation of Colorado Constitution, Article II, Section 25 (against Defendant Haferman) 217. Defendant hereby restates its responses to paragraphs 1 to 216 of the Complaint, as though full set forth herein. 218-225. Paragraphs 218 to 225 of the Complaint are not directed at the City, and therefore no response is required from the City. To the extent the allegations set forth in paragraphs 218 to 225 of the Complaint are determined to be directed at the City, any such allegations are denied. RESPONSE TO FOURTH CLAIM FOR RELIEF 42 U.S.C. § 1983 - Malicious Prosecution Fourth Amendment, Due Process Violations (against Defendant Haferman) 226. Defendant hereby restate its responses to paragraphs 1 to 225 of the Complaint, as though full set forth herein. 227-232. Paragraphs 227 to 232 of the Complaint are not directed at the City, and therefore no response is required from the City. To the extent the allegations set forth in paragraphs 227 to 232 of the Complaint are determined to be directed at the City, any such allegations are denied. RESPONSE TO “PRAYER FOR RELIEF” The City denies all allegations following the heading “Prayer for Relief” on pages 71-72 of Plaintiff’s Complaint and denies Plaintiff is entitled to any of the relief listed as being sought in this section or its subparagraphs (a)-(h). GENERAL DENIAL The City denies each and every allegation set forth in Plaintiff’s Complaint, not specifically admitted herein. Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 33 of 36 34 DEMAND FOR JURY TRIAL The City demands a trial by jury of all clams in this matter. AFFIRMATIVE DEFENSES 1. Plaintiff’s Complaint fails to state a claim upon which relief may be granted. 2. Probable cause existed supporting Plaintiff’s arrest. 3. Plaintiff is not entitled to any relief being sought or claimed in the Complaint under any legal theories asserted therein. 4. On information and belief, some or all of Plaintiff’s injuries and damages, if any, were either pre-existing or not aggravated by any action omission of or by the Defendant, nor proximately caused by or related to any act or omission of the Defendant. 5. All or part of Plaintiff’s claims never achieved the level of any constitutional violation sufficient to state a claim under 42 U.S.C. § 1983. In addition, no claim pursuant to 42 U.S.C. § 1983 may be grounded in any theory of respondeat superior or vicarious liability. 6. Plaintiff’s injuries and damages, if any, in whole or in part, were proximately caused by his own acts or omissions, either in combination with one another or independent of one another. 7. Plaintiff cannot satisfy all or some of the prerequisites to a grant of injunctive or declaratory relief in this matter. Any request for injunctive or declaratory relief is moot. 8. Defendant is not liable for any punitive damages pursuant to state or federal law. 9. There is no custom, practice, policy, or procedure in place which is a proximate cause of Plaintiff’s alleged Constitutional violations. Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 34 of 36 35 10. Plaintiff may have failed to mitigate any damages he allegedly sustained as a result of the events described in the Complaint. 11. The City’s training and supervision of police officers met or exceeded constitutional and statutory standards with response to all topics relevant to this action. 12. The Defendant reserves its rights to assert other or additional defenses and affirmative defenses as may become known in the course of proceedings. WHEREFORE, after answering all the allegations in Plaintiff’s Complaint requiring a response, Defendant City of Fort Collins requests the Court enter an order dismissing all elements of all claims against it, awarding it costs and attorneys’ fees, and ordering any other relief as deemed just. Respectfully submitted this 23rd day of July 2024. s/ Mark S. Ratner Mark S. Ratner, Esq. Katherine N. Hoffman, Esq. Robert A. Weiner, Esq. Hall & Evans, L.L.C. 1001 17th Street, Suite 300, Denver, CO 80202 303-628-3300 /Fax: 303-628-3368 ratnerm@hallevans.com hoffmank@hallevans.com weinerr@hallevans.com Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 35 of 36 36 CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on the 23rd day of July 2024, a true and correct copy of the foregoing DEFENDANTS CITY OF FORT COLLINS’ ANSWER, DEFENSES, AND AFFIRMATIVE DEFENSES TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND JURY DEMAND was filed with the Court via CM/ECF and served on the below-listed party by email: Sarah Schielke, Esq. sarah@lifeandlibertylaw.com Jonathan M. Abramson, Esq. jabramson@sgrllc.com Yulia Nikolaevskaya, Esq. jnikolaevskaya@sgrllc.com s/ Sarah Stefanick Case No. 1:23-cv-01344-NYW-NRN Document 72 filed 07/23/24 USDC Colorado pg 36 of 36