HomeMy WebLinkAbout2023-cv-1339 - Groves V. V. City Of Fort Collins, Et Al. - 025 - Haferman Answer1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 23-cv-01339-RM-STV
DERRICK GROVES,
Plaintiff,
v.
CITY OF FORT COLLINS,
JASON HAFERMAN,
SERGEANT ALLEN HEATON, and
CORPORAL REDACTED,
Defendants.
DEFENDANT FORMER OFFICER JASON HAFERMAN’S ANSWER TO
PLAINTIFF’S COMPLAINT AND JURY DEMAND (ECF 4)
Defendant Former Officer Jason Haferman (“Officer Haferman”), by and through counsel
of record, Jonathan M. Abramson, Esq. and Yulia Nikolaevskaya, Esq., of Kissinger & Fellman,
P.C., hereby submits his Answer to Plaintiff’s Complaint and Jury Demand (ECF 4)
(“Complaint”) as follows.
I. ANSWER TO INTRODUCTION
1. Officer Haferman admits that allegations contained in Plaintiff’s Complaint are
under §13-21-131, C.R.S. and 42 U.S.C. §1983 and 1988 for various forms of relief, as alleged in
Paragraph 1 of the Complaint. Officer Haferman denies the remaining allegation(s) contained in
Paragraph 1 of the Complaint.
2. The allegation(s) contained in Paragraph 2 of the Complaint state legal conclusions
to which no response is required. To the extent a response is required, Officer Haferman denies
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the allegation(s) contained in Paragraph 2 of the Complaint.
3. The allegation(s) contained in Paragraph 3 of the Complaint state legal conclusions
to which no response is required. To the extent a response is required, Officer Haferman denies
the allegation(s) contained in Paragraph 3 of the Complaint.
4. The allegation(s) contained in Paragraph 4 of the Complaint state legal conclusions
to which no response is required. To the extent a response is required, Officer Haferman denies
the allegation(s) contained in Paragraph 4 of the Complaint.
5. Officer Haferman admits the allegation(s) contained in Paragraph 5 of the
Complaint.
II. ANSWER TO PARTIES
6. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 6 of the Complaint, and, therefore, denies
the same.
7. Officer Haferman denies that he continues to work in law enforcement as alleged
in Paragraph 7 of the Complaint. Officer Haferman admits the remaining allegations contained in
Paragraph 7 of the Complaint.
8. Officer Haferman admits that the City of Fort Collins is a governmental entity and
municipality, as alleged in Paragraph 8 of the Complaint. Officer Haferman is without knowledge
or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in
Paragraph 8 of the Complaint, and, therefore, denies the same.
9. Officer Haferman admits that the City of Fort Collins employed him, supervised
him, disciplined and trained him as alleged in Paragraph 9 of the Complaint. Officer Haferman is
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without knowledge or information sufficient to form a belief as to the truth of the remaining
allegation(s) contained in Paragraph 9 of the Complaint, and, therefore, denies the same.
10. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 10 of the Complaint, and, therefore, deny
the same.
11. Officer Haferman admits that Sergeant Allen Heaton was his supervisor over some
period of time, as alleged in Paragraph 11 of the Complaint. Officer Haferman denies that he
wrongfully arrested Plaintiff or anyone else for DUI, as alleged in Paragraph 11 of the Complaint.
Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of
the remaining allegation(s) contained in Paragraph 11 of the Complaint, and, therefore, denies the
same.
12. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 12 of the Complaint, and, therefore,
denies the same.
III. ANSWER TO STATEMENT OF FACTS
13. Officer Haferman admits the allegation(s) contained in Paragraph 13 of the
Complaint.
14. Officer Haferman admits he made DUI arrests as part of his employment with Fort
Collins Police Department as alleged in Paragraph 14, including footnote 1, of the Complaint.
Officer Haferman denies the remaining allegation(s) contained in Paragraph 14, including footnote
1, of the Complaint.
15. Officer Haferman is without knowledge or information sufficient to form a belief
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as to the truth of the allegation(s) contained in Paragraph 15 of the Complaint, and, therefore,
denies the same.
16. Officer Haferman admits he made DUI arrests as part of his employment with Fort
Collins Police Department, as alleged in Paragraph 16 of the Complaint. Officer Haferman is
without knowledge or information sufficient to form a belief as to the truth of the remaining
allegation(s) contained in Paragraph 16 of the Complaint, and, therefore, denies the same.
17. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 17 of the Complaint, and, therefore,
denies the same.
18. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 18 of the Complaint, and, therefore,
denies the same.
19. Officer Haferman denies the allegation(s) contained in Paragraph 19 of the
Complaint.
20. Officer Haferman admits that he stopped Jacob Larkin and temporarily detained
him for investigation, as alleged in Paragraph 20 of the Complaint. Officer Haferman denies that
stopped and harassed Jacob Larkin because Jacob Larkin had prior contacts with law enfacement,
as alleged in Paragraph 20 of the Complaint. The remaining allegation(s) contained in Paragraph
20 of the Complaint refer to the testimony contained in the transcript for Motion to Suppress
Hearing and the Court’s finding during that hearing and Officer Haferman affirmatively states that
the substance of that testimony and findings, contained in the transcript of that hearing, in its
entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 20 of
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the Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained in Paragraph 20 of the Complaint.
21. The allegation(s) contained in Paragraph 21 of the Complaint refer to the testimony
contained in the transcript for Motion to Suppress Hearing and the Court’s finding during that
hearing and Officer Haferman affirmatively states that the substance of that testimony and
findings, contained in the transcript of that hearing, in its entirety, speaks for itself. Officer
Haferman denies all allegation(s) contained in Paragraph 21 of the Complaint which are
inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in
Paragraph 21 of the Complaint.
22. Officer Haferman denies that he engaged in wrongful searches, seizure and arrests
of citizens, as alleged in Paragraph 22, including footnote 2, of the Complaint. Officer Haferman
is without knowledge or information sufficient to form a belief as to the truth of the remaining
allegation(s) contained in Paragraph 22, including footnote 2, of the Complaint, and, therefore,
denies the same.
23. Officer Haferman admits that he received training with respect to administration of
SFSTs (Standardized Field Sobriety Tests), as alleged in Paragraph 23 of the Complaint. Officer
Haferman denies the remaining allegation(s) contained in Paragraph 23 of the Complaint.
24. Officer Haferman denies the allegation(s) contained in Paragraph 24, subsections
(a) through (c), of the Complaint.
25. Officer Haferman denies the allegation(s) contained in Paragraph 25 of the
Complaint.
26. Officer Haferman denies the allegation(s) contained in Paragraph 26 of the
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Complaint.
27. Officer Haferman denies the allegation(s) contained in Paragraph 27 of the
Complaint.
28. Officer Haferman denies the allegation(s) contained in Paragraph 28 of the
Complaint.
29. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 29 of the Complaint, and, therefore,
denies the same.
30. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 30, subsections (a) through (i), of the
Complaint, and, therefore, denies the same.
31. As to the allegation(s) contained in Paragraph 31, subsections (a) though (g),
including footnote 3, of the Complaint, to the extent the allegation(s) refer to the substance of
Officer Haferman’s BWC and reports, Officer Haferman affirmatively states that the substance of
the footage of the BWC and reports in its entirety, speaks for itself. Officer Haferman denies all
allegation(s) contained in Paragraph 31, subsections (a) though (g), including footnote 3, of the
Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s)
contained in Paragraph 31, subsections (a) though (g), including footnote 3, of the Complaint.
32. Officer Haferman denies wrongfully arresting innocent people, as alleged in
Paragraph 32 of the Complaint. Officer Haferman is without knowledge or information sufficient
to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 32 of the
Complaint, and, therefore, denies the same.
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33. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 33 of the Complaint, and, therefore,
denies the same.
34. Officer Haferman denies making wrongful DUI arrests, as alleged in Paragraph 34
of the Complaint. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the remaining allegation(s) contained in Paragraph 34 of the Complaint, and,
therefore, denies the same.
35. Officer Haferman denies making any wrongful DUI arrests, as alleged in Paragraph
35 of the Complaint. Officer Haferman is without knowledge or information sufficient to form a
belief as to the truth of the remaining allegation(s) contained in Paragraph 35 of the Complaint,
and, therefore, denies the same.
36. Officer Haferman denies that he wrongfully arrested C.B. and all remaining
allegation(s) contained in Paragraph 36 of the Complaint.
37. As to the allegation(s) contained in Paragraph 37, subsections (a) though (p),
including footnote 4, of the Complaint, to the extent the allegation(s) refer to the substance of
Officer Haferman’s BWC, reports and testimony presented at trial, Officer Haferman affirmatively
states that the substance of the footage of the BWC, reports and testimony presented at trial in its
entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 37,
subsections (a) though (p), including footnote 4, of the Complaint which are inconsistent therewith.
Officer Haferman denies the remaining allegation(s) contained in Paragraph 37, subsections (a)
though (p), including footnote 4, of the Complaint.
38. Officer Haferman denies that he was not supervised by the Fort Collins Police
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Department, as alleged in Paragraph 38 of the Complaint. Officer Haferman is without knowledge
or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in
Paragraph 38 of the Complaint, and, therefore, denies the same.
39. Officer Haferman denies that he was not supervised by the Fort Collins Police
Department, as alleged in Paragraph 39 of the Complaint. Officer Haferman is without knowledge
or information sufficient to form a belief as to the truth of the remaining allegation(s) contained in
Paragraph 39 of the Complaint, and, therefore, denies the same.
40. Officer Haferman denies violating the constitutional right of innocent citizens, as
alleged in Paragraph 40 of the Complaint. Officer Haferman is without knowledge or information
sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 40
of the Complaint, and, therefore, denies the same.
41. Officer Haferman denies the allegation(s) contained in Paragraph 41, subsections
(a) through (c) of the Complaint.
42. Officer Haferman denies the allegation(s) contained in Paragraph 42 of the
Complaint.
43. As to the allegation(s) contained in Paragraph 43, subsections (a) though (e), except
subsection (c), of the Complaint, to the extent the allegation(s) refer to the substance of Officer
Haferman’s BWC footage and reports, Officer Haferman affirmatively states that the substance of
the footage of the BWC and reports, in its entirety, speaks for itself. Officer Haferman denies all
allegation(s) contained in Paragraph 43, subsections (a) though (e), except subsection (c), of the
Complaint, which are inconsistent therewith. Officer Haferman is without knowledge or
information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph
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43, subsection (c), of the Complaint, and, therefore, denies the same. Officer Haferman denies the
remaining allegation(s) contained in Paragraph 43, subsections (a) though (e), except subsection
(c), of the Complaint.
44. As to the allegation(s) contained in Paragraph 44, subsections (a) though (d), except
subsection (c), of the Complaint, to the extent the allegation(s) refer to the substance of Officer
Haferman’s BWC footage and reports, Officer Haferman affirmatively states that the substance of
the footage of the BWC and reports, in its entirety, speaks for itself. Officer Haferman denies all
allegation(s) contained in Paragraph 44, subsections (a) though (d), except subsection (c), of the
Complaint, which are inconsistent therewith. Officer Haferman is without knowledge or
information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph
44, subsection (c), of the Complaint, and, therefore, denies the same. Officer Haferman denies the
remaining allegation(s) contained in Paragraph 44, subsections (a) though (d), except subsection
(c), of the Complaint.
45. As to the allegation(s) contained in Paragraph 45, subsections (a) though (e), except
subsection (d), of the Complaint, to the extent the allegation(s) refer to the substance of Officer
Haferman’s BWC footage and reports, Officer Haferman affirmatively states that the substance of
the footage of the BWC and reports, in its entirety, speaks for itself. Officer Haferman denies all
allegation(s) contained in Paragraph 45, subsections (a) though (e), except subsection (d), of the
Complaint, which are inconsistent therewith. Officer Haferman is without knowledge or
information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph
45, subsection (d), of the Complaint, and, therefore, denies the same. Officer Haferman denies the
remaining allegation(s) contained in Paragraph 45, subsections (a) though (e), except subsection
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(d), of the Complaint.
46. As to the allegation(s) contained in Paragraph 46, subsections (a) though (h), except
subsection (h), of the Complaint, to the extent the allegation(s) refer to the substance of Officer
Haferman’s BWC footage and reports, Officer Haferman affirmatively states that the substance of
the footage of the BWC and reports, in its entirety, speaks for itself. Officer Haferman denies all
allegation(s) contained in Paragraph 46, subsections (a) though (h), except subsection (h), of the
Complaint, which are inconsistent therewith. Officer Haferman is without knowledge or
information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph
46, subsection (h), of the Complaint, and, therefore, denies the same. Officer Haferman denies the
remaining allegation(s) contained in Paragraph 46, subsections (a) though (h), except sub section
(h), of the Complaint.
47. As to the allegation(s) contained in Paragraph 47, subsections (a) though (aa),
except subsections (a) through (f), (w), (y), of the Complaint, to the extent the allegation(s) refer
to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman affirmatively
states that the substance of the footage of the BWC and reports, in its entirety, speaks for itself.
Officer Haferman denies all allegation(s) contained in Paragraph 47, subsections (a) though (aa),
except subsections (a) through (f), (w), (y), of the Complaint which are inconsistent therewith.
Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of
the allegation(s) contained in Paragraph 47, subsections (a) through (f), (w), (y), of the Complaint,
and, therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained in
Paragraph 47, subsections (a) though (aa), except subsections (a) through (f), (w), (y), of the
Complaint.
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48. As to the allegation(s) contained in Paragraph 48, subsections (a) though (l), except
subsections (a) and (j), of the Complaint, to the extent the allegation(s) refer to the substance of
Officer Haferman’s BWC footage and reports, Officer Haferman affirmatively states that the
substance of the footage of the BWC and reports, in its entirety, speaks for itself. Officer Haferman
denies all allegation(s) contained in Paragraph 48, subsections (a) though (l), except subsections
(a) and (j), of the Complaint which are inconsistent therewith. Officer Haferman is without
knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained
in Paragraph 47, subsections (a) and (j), of the Complaint, and, therefore, denies the same. Officer
Haferman denies the remaining allegation(s) contained Paragraph 48, subsections (a) though (l),
except subsections (a) and (j), of the Complaint.
49. As to the allegation(s) contained in Paragraph 49, subsections (a) though (f), except
subsection (d), of the Complaint, to the extent the allegation(s) refer to the substance of Officer
Haferman’s BWC footage and reports, Officer Haferman affirmatively states that the substance of
the footage of the BWC and reports, in its entirety, speaks for itself. Officer Haferman denies all
allegation(s) contained in Paragraph 49, subsections (a) though (f), except subsection (d), of the
Complaint which are inconsistent therewith. Officer Haferman is without knowledge or
information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph
49, subsection (d), of the Complaint, and, therefore, denies the same. Officer Haferman denies the
remaining allegation(s) contained Paragraph 49, subsections (a) though (f), except subsection (d),
of the Complaint.
50. As to the allegation(s) contained in Paragraph 50, subsections (a) though (f), except
subsection (e), of the Complaint, to the extent the allegation(s) refer to the substance of Officer
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Haferman’s BWC footage and reports, Officer Haferman affirmatively states that the substance of
the footage of the BWC and reports, in its entirety, speaks for itself. Officer Haferman denies all
allegation(s) contained in Paragraph 50, subsections (a) though (f), except subsection (e), of the
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 (e), of the Complaint, and, therefore, denies the same. Officer Haferman denies the
remaining allegation(s) contained Paragraph 50, subsections (a) though (f), except subsection (e),
of the Complaints to the allegation(s) contained in Paragraph 51, subsections (a) though (g) except
subsection (f), of the Complaint, to the extent the allegation(s) refer to the substance of Officer
Haferman’s BWC and reports, Officer Haferman affirmatively states that the substance of the
footage of the BWC and reports in its entirety, speaks for itself. Officer Haferman denies all
allegation(s) contained in Paragraph 51, subsections (a) though (g) except subsection (f), of the
Complaint which are inconsistent therewith. Officer Haferman is without knowledge or
information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph
51, subsection (f), of the Complaint, and, therefore, denies the same. Officer Haferman denies the
remaining allegation(s) contained Paragraph 51, subsections (a) though (g) except subsection (f),
of the Complaint.
51. As to the allegation(s) contained in Paragraph 51, subsections (a) though (g), except
subsection (f), of the Complaint, to the extent the allegation(s) refer to the substance of Officer
Haferman’s BWC footage and reports, Officer Haferman affirmatively states that the substance of
the footage of the BWC and reports, in its entirety, speaks for itself. Officer Haferman denies all
allegation(s) contained in Paragraph 51, subsections (a) though (g), except subsection (f), of the
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Complaint which are inconsistent therewith. Officer Haferman is without knowledge or
information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph
51, subsection (f), of the Complaint, and, therefore, denies the same. Officer Haferman denies that
he lied and exaggerated in his report, as alleged in Paragraph 51, subsection (f), of the Complaint.
Officer Haferman denies the remaining allegation(s) contained Paragraph 51, subsections (a)
though (g), except subsection (f), of the Complaint.
52. As to the allegation(s) contained in Paragraph 52, subsections (a) though (f), except
subsection (e), of the Complaint, to the extent the allegation(s) refer to the substance of Officer
Haferman’s BWC footage and reports, Officer Haferman affirmatively states that the substance of
the footage of the BWC and reports, in its entirety, speaks for itself. Officer Haferman denies all
allegation(s) contained in Paragraph 52, subsections (a) though (f), except subsection (e), of the
Complaint which are inconsistent therewith. Officer Haferman is without knowledge or
information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph
52, subsection (e), of the Complaint, and, therefore, denies the same. Officer Haferman denies the
remaining allegation(s) contained Paragraph 52, subsections (a) though (f), except subsection (e),
of the Complaint.
53. Officer Haferman admits that Mr. Harris Elias is suing Officer Haferman under
2023CV30350 as alleged in Paragraph 53 of the Complaint. As to the allegation(s) contained in
Paragraph 53, subsections (a) though (f) except subsection (e), of the Complaint, to the extent the
allegation(s) refer to the substance of Officer Haferman’s BWC 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 5 3, subsections (a)
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though (f) except subsection (e), of the Complaint which are inconsistent therewith. Officer
Haferman is without knowledge or information sufficient to form a belief as to the truth of the
allegation(s) contained in Paragraph 53, subsection (e), of the Complaint, and, therefore, denies
the same. Officer Haferman denies the remaining allegation(s) contained Paragraph 53,
subsections (a) though (f) except subsection (e), of the Complaint.
54. As to the allegation(s) contained in Paragraph 54, subsections (a) though (e) except
subsection (c), of the Complaint, to the extent the allegation(s) refer to the substance of Officer
Haferman’s BWC and reports, Officer Haferman affirmatively states that the substance of the
footage of the BWC and reports in its entirety, speaks for itself. Officer Haferman denies all
allegation(s) contained in Paragraph 54, subsections (a) though (e) except subsection (c), of the
Complaint which are inconsistent therewith. Officer Haferman is without knowledge or
information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph
54, subsection (c), of the Complaint, and, therefore, denies the same. Officer Haferman denies the
remaining allegation(s) contained Paragraph 54, subsections (a) though (e) except subsection (c),
of the Complaint.
55. As to the allegation(s) contained in Paragraph 55, subsections (a) though (d) except
subsection (e), of the Complaint, to the extent the allegation(s) refer to the substance of Officer
Haferman’s BWC and reports, Officer Haferman affirmatively states that the substance of the
footage of the BWC and reports in its entirety, speaks for itself. Officer Haferman denies all
allegation(s) contained in Paragraph 55, subsections (a) though (d) except subsection (e), of the
Complaint which are inconsistent therewith. Officer Haferman is without knowledge or
information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph
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55, subsection (e), of the Complaint, and, therefore, denies the same. Officer Haferman denies the
remaining allegation(s) contained Paragraph 55, subsections (a) though (d) except subsection (e)of
the Complaint.
56. Officer Haferman denies the allegation(s) contained in Paragraph 56 of the
Complaint.
57. Officer Haferman denies the allegation(s) contained in Paragraph 57 of the
Complaint, including making wrongful DUI arrests.
58. Officer Haferman denies the allegation(s) contained in Paragraph 58 of the
Complaint, including making wrongful DUI arrests.
59. Officer Haferman denies the allegation(s) contained in Paragraph 59 of the
Complaint, including making wrongful DUI arrests.
ANSWER TO HAFERMAN’S WRONGFUL ARREST
OF PLAINTIFF DERRICK GROVES
60. Officer Haferman denies the allegation(s) contained in Paragraph 59 of the
Complaint.
61. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 61 of the Complaint, and, therefore,
denies the same.
62. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 62 of the Complaint, and, therefore,
denies the same.
63. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 63 of the Complaint, and, therefore,
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denies the same.
64. Officer Haferman admits the allegation(s) contained in Paragraph 64 of the
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 and reports, Officer Haferman affirmatively
states that the substance of the footage of the BWC and repo rts in its entirety, speaks for itself.
Officer Haferman denies all allegation(s) contained in Paragraph 65 of the Complaint which are
inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph
65 of the 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 and reports, Officer Haferman affirmatively
states that the substance of the footage of the BWC and reports in its entirety, speaks for itself.
Officer Haferman denies all allegation(s) contained in Paragraph 66 of the Complaint which are
inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph
66 of the 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 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 Complaint which are
inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph
67 of the Complaint.
68. As to the allegation(s) contained in Paragraph 68, to the extent the allegation(s)
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refer to the substance of Officer Haferman’s BWC and reports, Officer Haferman affirmatively
states that the substance of the footage of the BWC and reports in its entirety, speaks for itself.
Officer Haferman denies all allegation(s) contained in Paragraph 68 of the Complaint which are
inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph
68 of the 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 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 Complaint which are
inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph
69 of the Complaint.
70. As to the allegation(s) contained in Paragraph 70, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC 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 Complaint which are
inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph
70 of the 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 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 Complaint which are
inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph
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18
71 of the 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 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 Complaint which are
inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph
72 of the 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 and reports, Officer H aferman 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 Complaint which are
inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph
73 of the Complaint.
74. As to the allegation(s) contained in Paragraph 74, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC and reports, Officer Haferman affirmatively
states that the substance of the footage of the BWC and reports in its entirety, speaks for itself.
Officer Haferman denies all allegation(s) contained in Paragraph 74 of the Complaint which are
inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph
74 of the Complaint.
75. Officer Haferman admits arresting Plaintiff for DUI and putting him in handcuffs
as contained in Paragraph 75 of the Complaint. Officer Haferman denies the remaining
allegation(s) contained in Paragraph 75 of the Complaint.
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19
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 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 Complaint which are
inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph
76 of the Complaint.
77. As to the allegation(s) contained in Paragraph 77, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC 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 Complaint which are
inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph
77 of the Complaint.
78. Officer Haferman admits the allegation(s) contained in Paragraph 78 of the
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 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 Complaint which are
inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph
79 of the 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 and reports, Officer Haferman affirmatively
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20
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 Complaint which are
inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph
80 of the Complaint.
81. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 81 of the Complaint, and, therefore,
denies the same.
82. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 82 of the Complaint, and, therefore,
denies the same.
83. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 83 of the Complaint, and, therefore,
denies the same.
84. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 84 of the Complaint, and, therefore,
denies the same.
85. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 85 of the Complaint, and, therefore,
denies the same.
86. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 86 of the Complaint, and, therefore,
denies the same.
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21
87. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 87 of the Complaint, and, therefore,
denies the same.
88. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 88 of the Complaint, and, therefore,
denies the same.
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 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 Complaint which are
inconsistent therewith. Officer Haferman is without knowledge or information sufficient to form
a belief as to the truth of the remaining allegation(s) contained in Paragraph 89 of the Complaint,
and, therefore, denies the same.
90. As to the allegation(s) contained in Paragraph 90, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC and reports, Officer Haferman affirmatively
states that the substance of the footage of the BWC and reports in its entirety, speaks for itself.
Officer Haferman denies all allegation(s) contained in Paragraph 90 of the Complaint which are
inconsistent therewith. 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 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 Complaint, and, therefore,
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22
denies the same.
92. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 92 of the Complaint, and, therefore,
denies the same.
93. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 93 of the Complaint, and, therefore,
denies the same.
94. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 94 of the Complaint, and, therefore,
denies the same.
95. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 95 of the Complaint, and, therefore,
denies the same.
96. Officer Haferman denies the allegation(s) contained in Paragraph 96 of the
Complaint.
97. Officer Haferman denies the allegation(s) contained in Paragraph 97 of the
Complaint.
98. As to the allegation(s) contained in Paragraph 98, subsections (a) through (e), of
the Complaint, to the extent the allegation(s) refer to the substance of a hearing at DMV on May
26, 2022, Officer Haferman affirmatively states that the substance of the hearing depicted in the
hearing transcript in its entirety, speaks for its elf. Officer Haferman denies all allegation(s)
contained in Paragraph 98, subsections (a) through (e), of the Complaint which are inconsistent
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23
therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 98,
subsections (a) through (e), of the Complaint.
ANSWER TO THE ACCESSIBLE DATA IS INCOMPLETE
99. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 99 of the Complaint, and, therefore,
denies the same.
100. Officer Haferman denies arresting and wrongfully charging citizens with
DUI/DWAI as alleged in Paragraph 100, subsections (a) through (e), of the Complaint. Officer
Haferman is without knowledge or information sufficient to form a belief as to the truth of the
remaining allegation(s) contained in Paragraph 100, subsections (a) through (e), of the Complaint,
and, therefore, denies the same.
101. Officer Haferman denies wrongful DUI arrest activity as alleged in Paragraph 101,
of the Complaint. Officer Haferman is without knowledge or information sufficient to form a
belief as to the truth of the remaining allegation(s) contained in Paragraph 101, of the Complaint,
and, therefore, denies the same.
ANSWER TO MEDIA COVERAGE PROMPTS FCPS TO LIE, SCRAMBLE,
AND GAS-LIGHT THE PUBLIC.
102. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 102 of the Complaint, and, therefore,
denies the same.
103. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 103 of the Complaint, and, therefore,
denies the same.
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24
104. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 104 of the Complaint, and, therefore,
denies the same.
105. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 105 of the Complaint, and, therefore,
denies the same.
106. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 106 of the Complaint, and, therefore,
denies the same.
107. As to the allegation(s) contained in Paragraph 107, 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 107 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
Paragraph 107 of the Complaint.
108. As to the allegation(s) contained in Paragraph 108, 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 108 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contai ned
Paragraph 108 of the Complaint.
109. Officer Haferman is without knowledge or information sufficient to form a belief
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25
as to the truth of the allegation(s) contained in Paragraph 109 of the Complaint, and, therefore,
denies the same.
110. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 110, subsections (a) through (b), of the
Complaint, and, therefore, denies the same.
111. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 111 of the Complaint, and, therefore,
denies the same.
112. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 112 of the Complaint, and, therefore,
denies the same.
113. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 113 of the Complaint, and, therefore,
denies the same.
114. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 114 of the Complaint, and, therefore,
denies the same.
115. Officer Haferman denies having a pattern of making many wrongful DUI arrests of
citizens as alleged in Paragraph 115 of the Complaint. Officer Haferman is without knowledge or
information sufficient to form a belief as to the truth of the remaining allegation(s) contained in
Paragraph 115 of the Complaint, and, therefore, denies the same.
116. Officer Haferman is without knowledge or information sufficient to form a belief
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26
as to the truth of the allegation(s) contained in Paragraph 116 of the Complaint, and, therefore,
denies the same.
117. Officer Haferman denies having a pattern of making many wrongful DUI arrests of
citizens as alleged in Paragraph 117of the Complaint. Officer Haferman is without knowledge or
information sufficient to form a belief as to the truth of the remaining allegation(s) contain ed in
Paragraph 117 of the Complaint, and, therefore, denies the same.
118. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 118 of the Complaint, and, therefore,
denies the same.
119. Officer Haferman denies having a pattern of making many wrongful DUI arrests of
citizens as alleged in Paragraph 119 of the Complaint. Officer Haferman is without knowledge or
information sufficient to form a belief as to the truth of the remaining allegation(s) contained in
Paragraph 119 of the Complaint, and, therefore, denies the same.
120. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 120 of the Complaint, and, therefore,
denies the same.
121. Officer Haferman denies having a pattern of making many wrongful DUI arrests of
citizens as alleged in Paragraph 121, subsections (a) through (d), of the Complaint. Officer
Haferman is without knowledge or information sufficient to form a belief as to the truth of the
remaining allegation(s) contained in Paragraph 121, subsections (a) though (d), of the Complaint,
and, therefore, denies the same.
122. Officer Haferman is without knowledge or information sufficient to form a belief
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27
as to the truth of the allegation(s) contained in Paragraph 122 of the Complaint, and, therefore,
denies the same.
123. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the remaining allegation(s) contained in Paragraph 123, subsections (a) though
(d), of the Complaint, and, therefore, denies the same.
124. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 124 of the Complaint, and, therefore,
denies the same.
125. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 125 of the Complaint, and, therefore,
denies the same.
126. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 126 of the Complaint, and, therefore,
denies the same.
127. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 127, subsection (b) and footnote 5, of the
Complaint, and, therefore, denies the same.
128. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 128, subsection (a) though (b), of the
Complaint, and, therefore, denies the same.
129. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 129 of the Complaint, and, therefore,
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28
denies the same.
130. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 130 of the Complaint, and, therefore,
denies the same.
131. Officer Haferman denies having a pattern of making many wrongful DUI arrests of
citizens as alleged in Paragraph 131 of the Complaint. Officer Haferman is without knowledge or
information sufficient to form a belief as to the truth of the remaining allegation(s) contained in
Paragraph 131 of the Complaint, and, therefore, denies the same.
132. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 132 of the Complaint, and, therefore,
denies the same.
133. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 133 of the Complaint, and, therefore,
denies the same.
134. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 134, subsections (a) through (c), of the
Complaint, and, therefore, denies the same.
135. As to the allegation(s) contained in Paragraph 135, subsections (a)(i)-(ii) through
(e), of the Complaint, to the extent the allegation(s) refer to the substance of IA investigation into
Officer Haferman or substance of any recorded interviews by Officer Haferman, Officer Haferman
affirmatively states that the substance of IA investigation into Officer Haferman or substance of
any recorded interviews by Officer Haferman in its entirety, speaks for itself. Officer Haferman
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29
denies all allegation(s) contained in Paragraph 135, subsections (a)(i)-(ii) through (e), of the
Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s)
contained in Paragraph 135, subsections (a)(i)-(ii) through (e), of the Complaint.
136. As to the allegation(s) contained in Paragraph 136, of the Complaint, to the extent
the allegation(s) refer to the substance of IA investigation into Officer Haferman or substance of
any recorded interviews by Officer Haferman, Officer Haferman affirmatively states that the
substance of IA investigation into Officer Haferman or substance of any recorded interviews by
Officer Haferman in its entirety, speaks for itself. Officer Haferman denies all allegation(s)
contained in Paragraph 136, of the Complaint which are inconsistent therewith. Officer Haferman
denies the remaining allegation(s) contained in Paragraph 136, of the Complaint.
137. Officer Haferman denies the allegation(s) contained in Paragraph 137 of the
Complaint.
138. Officer Haferman denies the allegation(s) contained in Paragraph 138 of the
Complaint.
139. As to the allegation(s) contained in Paragraph 139, of the Complaint, to the extent
the allegation(s) refer to the substance of IA investigation into Officer Haferman or substance of
any recorded interviews by Officer Haferman, Officer Haferman affirmatively states that the
substance of IA investigation into Officer Haferman or substance of any recorded interviews by
Officer Haferman in its entirety, speaks for itself. Officer Haferman denies all allegation(s)
contained in Paragraph 139, of the Complaint which are inconsistent therewith. Officer Haferman
denies the remaining allegation(s) contained in Paragraph 139, of the Complaint.
140. Officer Haferman is without knowledge or information sufficient to form a belief
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30
as to the truth of the allegation(s) contained in Paragraph 140 of the Complaint, and, therefore,
denies the same.
141. As to the allegation(s) contained in Paragraph 141, of the Complaint, to the extent
the allegation(s) refer to the substance of IA investigation into Officer Haferman or substance of
any recorded interviews by Officer Haferman, Officer Haferman affirmatively states that the
substance of IA investigation into Officer Haferman or substance of any recorded interviews by
Officer Haferman in its entirety, speaks for itself. Officer Haferman denies all allegation(s)
contained in Paragraph 141, of the Complaint which are inconsistent therewith. Officer Haferman
denies the remaining allegation(s) contained in Paragraph 141, of the Complaint.
142. Officer Haferman denies having a pattern of making many wrongful DUI arrests of
citizens as alleged in Paragraph 142 of the Complaint. Officer Haferman is without knowledge or
information sufficient to form a belief as to the truth of the remaining allegation(s) contained in
Paragraph 142 of the Complaint, and, therefore, denies the same.
143. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 143 of the Complaint, and, therefore,
denies the same.
144. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 144 of the Complaint, and, therefore,
denies the same.
145. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 145 of the Complaint, and, therefore,
denies the same.
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146. Officer Haferman denies having a pattern of making many wrongful DUI arrests of
citizens, lying on reports, and doing roadsides incorrectly as alleged in Paragraph 146 of the
Complaint. Officer Haferman is without knowledge or information sufficient to form a belief as to
the truth of the remaining allegation(s) contained in Paragraph 146 of the Complaint, and,
therefore, denies the same.
147. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 147 of the Complaint, and, therefore,
denies the same.
148. Officer Haferman denies having a pattern of making many wrongful DUI arrests of
citizens as alleged in Paragraph 148 of the Complaint. Officer Haferman is without knowledge or
information sufficient to form a belief as to the truth of the remaining allegation(s) contained in
Paragraph 148 of the Complaint, and, therefore, denies the same.
149. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 149 of the Complaint, and, therefore,
denies the same.
150. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 150 of the Complaint, and, therefore,
denies the same.
ANSWER TO STATEMENT OF CLAIMS FOR RELIEF
ANSWER TO FIRST CLAIM FOR RELIEF
Section 13-21-131, C.R.S. – Arrest Without Probable Cause
Violation of Colorado Constitution, Article II, Section 7
(against Defendant Haferman)
151. Officer Haferman incorporates the responses in Paragraphs 1 through 150 above
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32
as if fully set forth herein.
152. The allegation(s) contained in Paragraph 152 of the Complaint state legal
conclusions to which no response is required. To the extent a response is required, Officer
Haferman denies the allegation(s) contained in Paragraph 152 of the Complaint.
153. The allegation(s) contained in Paragraph 153 of the Complaint state legal
conclusions to which no response is required. To the extent a response is required, Officer
Haferman denies the allegation(s) contained in Paragraph 153 of the Complaint.
154. Officer Haferman admits that at the time of this incident he was a police officer
employed by the City of Fort Collins and its Police Department as alleged in Paragraph 154 of the
Complaint. Officer Haferman denies the remaining allegation(s) contained in Paragraph 154 of the
Complaint.
155. Officer Haferman denies the allegation(s) contained in Paragraph 155 of the
Complaint.
156. Officer Haferman denies the allegation(s) contained in Paragraph 156 of the
Complaint.
157. Officer Haferman admits the allegation(s) contained in Paragraph 157 of the
Complaint.
158. Officer Haferman denies the allegation(s) contained in Paragraph 158 of the
Complaint.
159. Officer Haferman denies the allegation(s) contained in Paragraph 159 of the
Complaint.
160. Officer Haferman denies the allegation(s) contained in Paragraph 160 of the
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Complaint.
161. Officer Haferman denies the allegation(s) contained in Paragraph 161 of the
Complaint.
162. Officer Haferman denies the allegation(s) contained in Paragraph 162 of the
Complaint.
ANSWER TO SECOND CLAIM FOR RELIEF
42 U.S.C. §1983 – Unlawful Arrest Without Probable Cause – Individual, Failure-to-
Supervise/Train, Unconstitutional Pattern/Practice under Monell
Violation of Fourth Amendment, Due Process
(against Defendants Haferman, Sergeant Heaton, Corporal Redacted and Fort Collins)
163. Officer Haferman incorporates the responses in Paragraphs 1 through 162 above as
if fully set forth herein.
164. The allegation(s) contained in Paragraph 164 of the Complaint state legal
conclusions to which no response is required. To the extent a response is required, Officer
Haferman denies the allegation(s) contained in Paragraph 164 of the Complaint.
165. Officer Haferman denies the allegation(s) contained in Paragraph 165 of the
Complaint.
166. Officer Haferman denies the allegation(s) contained in Paragraph 166 of the
Complaint.
167. Officer Haferman denies the allegation(s) contained in Paragraph 167 of the
Complaint.
168. Officer Haferman denies the allegation(s) contained in Paragraph 168 of the
Complaint.
169. Officer Haferman denies the allegation(s) contained in Paragraph 169 of the
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34
Complaint.
ANSWER TO SERGEANT HEATON
170. The allegation(s) contained in Paragraph 170 of the Complaint pertain to Defendant
Heaton and/or claims against Defendant Heaton, and, therefore, no response by Officer Haferman
is required at this time. To the extent a response is required, Officer Haferman denies the
allegation(s) contained in Paragraph 170 of the Complaint.
171. The allegation(s) contained in Paragraph 171 of the Complaint pertain to Defendant
Heaton and/or claims against Defendant Heaton, and, therefore, no response by Officer Haferman
is required at this time. To the extent a response is required, Officer Haferman denies the
allegation(s) contained in Paragraph 171 of the Complaint.
172. Officer Haferman denies wrongfully arresting people and charging them with DUI
as alleged in Paragraph 172 of the Complaint. The remaining allegation(s) contained in Paragraph
172 of the Complaint pertain to Defendant Heaton and/or claims against Defendant Heaton, and,
therefore, no response by Officer Haferman is required at this time. To the extent a response is
required, Officer Haferman denies the allegation(s) contained in Paragraph 172 of the Complaint.
173. Officer Haferman denies wrongfully arresting people, charging them with DUI,
lying on his reports, falsifying impairment indicators, administering roadsides incorrectly, and
regularly tampering with or otherwise muting/disabling his bodywork camera, as alleged in
Paragraph 173 of the Complaint. The remaining allegation(s) contained in Paragraph 173 of the
Complaint pertain to Defendant Heaton and/or claims against Defendant Heaton, and, th erefore,
no response by Officer Haferman is required at this time. To the extent a response is required,
Officer Haferman denies the allegation(s) contained in Paragraph 173 of the Complaint.
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174. Officer Haferman denies wrongfully arresting people, charging them with DUI or
having such pattern or practice as alleged in Paragraph 174 of the Complaint. The remaining
allegation(s) contained in Paragraph 174 of the Complaint pertain to Defendant Heaton and/or
claims against Defendant Heaton, and, therefore, no response by Officer Haferman is required at
this time. To the extent a response is required, Officer Haferman denies the allegation(s) contained
in Paragraph 174 of the Complaint.
175. Officer Haferman denies wrongfully arresting people and charging them with DUI
as alleged in Paragraph 175 of the Complaint. The remaining allegation(s) contained in Paragraph
175 of the Complaint pertain to Defendant Heaton and/or claims against Defendant Heaton, and,
therefore, no response by Officer Haferman is required at this time. To the extent a response is
required, Officer Haferman denies the allegation(s) contained in Paragraph 175 of the Complaint.
ANSWER TO CORPORAL REDACTED
176. The allegation(s) contained in Paragraph 176 of the Complaint pertain to Defendant
Corporal Redacted and/or claims against Defendant Corporal Redacted, and, therefore, no
response by Officer Haferman is required at this time. To the extent a response is required, Officer
Haferman denies the allegation(s) contained in Paragraph 176 of the Complaint.
177. The allegation(s) contained in Paragraph 177 of the Complaint pertain to Defendant
Corporal Redacted and/or claims against Defendant Corporal Redacted, and, therefore, no
response by Officer Haferman is required at this time. To the extent a response is required, Officer
Haferman denies the allegation(s) contained in Paragraph 177 of the Complaint.
178. Officer Haferman denies wrongfully arresting people, charging them with DUI,
lying on his reports, falsifying impairment indicators, administering roadsides incorrectly, and
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regularly tampering with or otherwise muting/disabling his bodywork camera, as alleged in
Paragraph 178 of the Complaint. The remaining allegation(s) contained in Paragraph 178 of the
Complaint pertain to Defendant Corporal Redacted and/or claims against Defendant Corporal
Redacted, and, therefore, no response by Officer Haferman is required at this time. To the extent
a response is required, Officer Haferman denies the allegation(s) contained in Paragraph 178 of
the Complaint.
179. Officer Haferman denies wrongfully arresting people and charging them with DUI,
as alleged in Paragraph 179 of the Complaint. The remaining allegation(s) contained in Paragraph
179 of the Complaint pertain to Defendant Corporal Redacted and/or claims against Defendant
Corporal Redacted, and, therefore, no response by Officer Haferman is required at this time. To
the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph
179 of the Complaint.
180. Officer Haferman denies wrongfully arresting people and charging them with DUI,
as alleged in Paragraph 180 of the Complaint. The remaining allegation(s) contained in Paragraph
180 of the Complaint pertain to Defendant Corporal Redacted and/or claims against Defendant
Corporal Redacted, and, therefore, no response by Officer Haferman is required at this time. To
the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph
180 of the Complaint
ANSWER TO CITY OF FORT COLLINS
181. The allegation(s) contained in Paragraph 181 of the Complaint pertain to Defendant
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,
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Officer Haferman denies the allegation(s) contained in Paragraph 181 of the Complaint.
182. The allegation(s) contained in Paragraph 182 of the Complaint pertain to Defendant
the City of Fort Collins and/or claims against Defendant the City of Fort Collins, and, therefore,
no response by Officer Haferman is required at this time. To the extent a response is required,
Officer Haferman denies the allegation(s) contained in Paragraph 182 of the Complaint.
183. The allegation(s) contained in Paragraph 183 of the Complaint pertain to Defendant
the City of Fort Collins and/or claims against Defendant the City of Fort Collins, and, therefore,
no response by Officer Haferman is required at this time. To the extent a response is required,
Officer Haferman denies the allegation(s) contained in Paragraph 183 of the Complaint.
184. Officer Haferman denies wrongfully arresting people and charging them with DUI,
as alleged in Paragraph 184 of the Complaint. The remaining allegation(s) contained in Paragraph
184 of the Complaint pertain to Defendant the City of Fort Collins and/or claims against Defendant
the City of Fort, and, therefore, no response by Officer Haferman is required at this time. To the
extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph
184 of the Complaint
185. The allegation(s) contained in Paragraph 185 of the Complaint pertain to Defendant
the City of Fort Collins and/or claims against Defendant the City of Fort Collins, and, therefore,
no response by Officer Haferman is required at this time. To the extent a response is required,
Officer Haferman denies the allegation(s) contained in Paragraph 185 of the Complaint.
186. The allegation(s) contained in Paragraph 186 of the Complaint pertain to Defendant
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,
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Officer Haferman denies the allegation(s) contained in Paragraph 186 of the Complaint.
187. The allegation(s) contained in Paragraph 187 of the Complaint pertain to Defendant
the City of Fort Collins and/or claims against Defendant the City of Fort Collins, and, therefore,
no response by Officer Haferman is required at this time. To the extent a response is required,
Officer Haferman denies the allegation(s) contained in Paragraph 187 of the Complaint.
188. The allegation(s) contained in Paragraph 188 of the Complaint pertain to Defendant
the City of Fort Collins and/or claims against Defendant the City of Fort Collins, and, therefore,
no response by Officer Haferman is required at this time. To the extent a response is required,
Officer Haferman denies the allegation(s) contained in Paragraph 188 of the Complaint.
189. The allegation(s) contained in Paragraph 189 of the Complaint pertain to Defendant
the City of Fort Collins and/or claims against Defendant the City of Fort Collins, and, therefore,
no response by Officer Haferman is required at this time. To the extent a response is required,
Officer Haferman denies the allegation(s) contained in Paragraph 189 of the Complaint.
ANSWER TO THIRD CLAIM FOR RELIEF
Section 13-21-131, C.R.S. – Violation of Due Process
Malicious Prosecution
Violation of Colorado Constitution, Article II, Section 25
(against Defendant Haferman)
190. Officer Haferman incorporates the responses in Paragraphs 1 through 189 above as
if fully set forth herein.
191. Officer Haferman admits that at the time of this incident he was a police officer
employed by the City of Fort Collins and its Police Department as alleged in Paragraph 191 of the
Complaint. Officer Haferman denies the remaining allegation(s) contained in Paragraph 191 of the
Complaint.
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192. The allegation(s) contained in Paragraph 192 of the Complaint state legal
conclusions to which no response is required. To the extent a response is required, Officer
Haferman denies the allegation(s) contained in Paragraph 192 of the Complaint.
193. Officer Haferman denies the allegation(s) contained in Paragraph 193 of the
Complaint.
194. Officer Haferman denies the allegation(s) contained in Paragraph 194 of the
Complaint.
195. Officer Haferman denies the allegation(s) contained in Paragraph 195 of the
Complaint.
196. Officer Haferman denies the allegation(s) contained in Paragraph 196 of the
Complaint.
197. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 197 of the Complaint, and, therefore,
denies the same.
198. Officer Haferman denies the allegation(s) contained in Paragraph 198 of the
Complaint.
ANSWER TO FOURTH CLAIM FOR RELIEF
42 U.S.C. §1983 – Malicious Prosecution
Fourth Amendment, Due Process Violations
(against Defendant Haferman)
199. Officer Haferman incorporates the responses in Paragraphs 1 through 198 above as
if fully set forth herein.
200. Officer Haferman denies the allegation(s) contained in Paragraph 200 of the
Complaint.
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201. Officer Haferman denies the allegation(s) contained in Paragraph 201 of the
Complaint.
202. Officer Haferman denies the allegation(s) contained in Paragraph 202 of the
Complaint.
203. Officer Haferman denies the allegation(s) contained in Paragraph 203 of the
Complaint.
204. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 204 of the Complaint, and, therefore,
denies the same.
205. Officer Haferman denies the allegation(s) contained in Paragraph 205 of the
Complaint.
ANSWER TO PRAYER FOR RELIEF
The Prayer for Relief does not call for a response. To the extent a response is required,
Officer Haferman denies any allegation(s) contained in the Prayer for Relief, including subparts
(a) through (h).
GENERAL DENIAL
Officer Haferman denies each and every allegation not specifically admitted herein.
AFFIRMATIVE DEFENSES
1. Plaintiff’s Complaint fails to state a valid claim upon which relief may be granted.
2. Officer Haferman, to the extent properly sued in his individual capacity, is entitled
to Qualified Immunity inasmuch as his actions did not violate the constitutional rights of Plaintiff,
did not violate clearly established law at the time of the events at issue, and were undertaken with
Case No. 1:23-cv-01339-RM-STV Document 25 filed 08/21/23 USDC Colorado pg 40 of 43
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a good faith belief in the lawfulness of his actions. The actions of Officer Haferman were
objectively reasonable under the circumstances with which Officer Haferman was confronted.
3. Officer Haferman was lawfully exercising his Public Duties in accordance with §
18-1-701, C.R.S. Further, Officer Haferman was properly exercising his police powers and the
authority vested in him by virtue of §§ 16-3-101, 16-3-102, 16-3-103, 18-1-701, and 18-1-707,
C.R.S., at all times pertinent to the incident complained of.
4. Subject matter jurisdiction is lacking inasmuch as Plaintiff’s claims fail to rise to
the level of a deprivation of federal constitutional rights.
5. Plaintiff’s damages, if any, are not to the extent and nature as alleged by Plaintiff.
6. Plaintiff’s damages, if any, were not approximately caused by any act or omission
of Officer Haferman.
7. At all times material, Plaintiff was accorded all rights, privileges and immunities
guaranteed them by the Constitution and laws of the United States of America and Colorado
Constitution.
8. Plaintiff’s claims against Officer Haferman are substantially frivolous and
groundless, entitling Officer Haferman to recover his reasonable expenses, including attorneys'
fees, pursuant to 42 U.S.C. §1988 and Fed. R. Civ. P. Rule 11.
9. Officer Haferman is entitled to qualified immunity.
10. Plaintiff has failed to reasonably mitigate his damages, if any, and has failed to
exercise due diligence in an effort to mitigate his damages, and to the extent of such failure to
mitigate, any damages awarded to Plaintiff should be reduced accordingly.
11. Officer Haferman reserves the right to assert any and all additional affirmative
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defenses.
JURY DEMAND
Officer Haferman hereby demands that this case be tried to a jury pursuant to Fed. R. Civ.
P. 38.
Dated this 21st day of August, 2023.
KISSINGER & FELLMAN, P.C.
/s/ Jonathan M. Abramson
Jonathan Abramson, Esq.
Yulia Nikolaevskaya, Esq.
3773 Cherry Creek North Drive, Suite 900
Denver, CO 80209
Telephone: 303-320-6100
Facsimile: 303-327-8601
Email: jonathan@kandf.com
julie@kandf.com
Attorneys for Defendant Haferman
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CERTIFICATE OF SERVICE
I hereby certify that on the 21st day of August 2023, I electronically filed the foregoing
with the Clerk of Court using the CM/ECF system which will send notification of such filing to
the following e-mail addresses:
Sarah Schielke, Esq. (sarah@lifeandlibertylaw.com)
ATTORNEY FOR PLAINTIFF
Robert S. Ratner, Esq. (ratnerm@hallevans.com)
Robert A. Weiner, Esq. (weinerr@hallevans.com)
Katherine N. Hoffman, Esq. (hoffmank@hallevans.com)
ATTORNEYS FOR DEFENDANTS CITY OF FORT COLLINS AND SERGEANT ALLEN
HEATON
and I hereby certify that I have mailed or served the document or paper to the following non -
CM/ECF participants in the manner (mail, hand delivery, etc.) indicated by the non-participant’s
name: N/A
By: s/ Alexandra Smith
Alexandra Smith, Paralegal
Kissinger & Fellman, P.C.
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