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HomeMy WebLinkAbout2023-cv-1342 - Cunningham V. City Of Fort Collins, Et Al. - 020 - Haferman Answer1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 23-cv-01342-SBP JESSE CUNNINGHAM, 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 5) 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 5) (“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 Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 1 of 44 2 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 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 City of Fort Collins employed him, supervised him, disciplined and trained him as alleged in Paragraph 9 of the Complaint. Officer Haferman is Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 2 of 44 3 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 12 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 Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 3 of 44 4 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 Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 4 of 44 5 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 Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 5 of 44 6 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. Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 6 of 44 7 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 Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 7 of 44 8 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 Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 8 of 44 9 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) contai ned 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 Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 9 of 44 10 (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 subsection (h), of the Complaint. 47. Officer Haferman denies the allegation(s) contained in Paragraph 47 of the Complaint. 48. Officer Haferman denies the allegation(s) contained in Paragraph 48 of the Complaint, including making wrongful DUI arrests. 49. Officer Haferman denies the allegation(s) contained in Paragraph 49 of the Complaint, including making wrongful DUI arrests. 50. Officer Haferman denies the allegation(s) contained in Paragraph 50 of the Complaint, including making wrongful DUI arrests. ANSWER TO HAFERMAN’S WRONGFUL ARREST OF PLAINTIFF JESSE CUNNINGHAM 51. Officer Haferman denies the allegation(s) contained in Paragraph 51 of the Complaint, including making wrongful DUI arrest of Plaintiff. Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 10 of 44 11 52. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 52, including the family photograph, of the Complaint, and, therefore, denies the same. 53. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 53 of the Complaint, and, therefore, denies the same. 54. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 54 of the Complaint, and, therefore, denies the same. 55. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 55 of the Complaint, and, therefore, denies the same. 56. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 56 of the Complaint, and, therefore, denies the same. 57. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 57 of the Complaint, and, therefore, denies the same. 58. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 58 of the Complaint, and, therefore, denies the same. 59. Officer Haferman is without knowledge or information sufficient to form a belief Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 11 of 44 12 as to the truth of the allegation(s) contained in Paragraph 59 of the Complaint, and, therefore, denies the same. 60. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 60 of the Complaint, and, therefore, denies the same. 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, 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 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 65 of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 65 of the Complaint. Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 12 of 44 13 66. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 66 of the Complaint, and, therefore, denies the same. 67. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 67 of the Complaint, and, therefore, denies the same. 68. Officer Haferman denies the allegation(s) contained in 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, including footnote 5, to the extent the allegation(s) refer to the substance of Officer Haferman’s BWC and reports, Officer Haferman Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 13 of 44 14 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, including footnote 5, of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 71, including footnote 5, of the Complaint. 72. Officer Haferman denies the allegation(s) contained in Paragraph 72 of the Complaint. 73. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 73 of the Complaint, and, therefore, denies the same. 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, sp eaks 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 denies the allegation(s) contained in Paragraph 75 of the Complaint. 76. Officer Haferman denies the allegation(s) contained in 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 reports, Officer Haferman affirmatively states that the substance of the reports in its entirety, speaks for itself. Officer Haferman denies all Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 14 of 44 15 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. As to the allegation(s) contained in Paragraph 78, 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 78 of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained 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 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 admits that Plaintiff agreed to complete a blood test as contained in Paragraph 81 of the Complaint. Officer Haferman is without knowledge or information Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 15 of 44 16 sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 81 of the Complaint, and, therefore, denies the same. 82. As to the allegation(s) contained in Paragraph 82, to the extent the allegation(s) refer to the substance of Officer Haferman’s BWC and reports, Officer Haferman affirmatively states that the substance of the footage of the BWC and reports in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 82 of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 82 of the Complaint. 83. As to the allegation(s) contained in Paragraph 83, to the extent the allegation(s) refer to the substance of Officer Haferman’s BWC and reports, Officer Haferman affirmatively states that the substance of the footage of the BWC and reports in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 83 of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 83 of the Complaint. 84. As to the allegation(s) contained in Paragraph 84, to the extent the allegation(s) refer to the substance of Officer Haferman’s BWC and reports, Officer Haferman affirmatively states that the substance of the footage of the BWC and reports in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 84 of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 84 of the Complaint. 85. As to the allegation(s) contained in Paragraph 85, to the extent the allegation(s) refer to the substance of Officer Haferman’s BWC and reports, Officer Haferman affirmatively Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 16 of 44 17 states that the substance of the footage of the BWC and reports in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 85 of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 85 of the Complaint. 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. 87. Officer Haferman admits the allegation(s) contained in Paragraph 87 of the Complaint. 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. Officer Haferman denies the allegation(s) contained in Paragraph 89 of the Complaint. 90. Officer Haferman admits he called a referral to Nebraska CPS as contained in Paragraph 90 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 90 of the Complaint, and, therefore, denies the same. 91. Officer Haferman denies the allegation(s) contained in Paragraph 91 of the Complaint. 92. As to the allegation(s) contained in Paragraph 92, to the extent the allegation(s) refer to the substance of Officer Haferman’s BWC and reports, Officer Haferman affirmatively Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 17 of 44 18 states that the substance of the footage of the BWC and reports in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 92 of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 92 of the Complaint. 93. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 93 of the 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 is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 96 of the Complaint, and, therefore, denies the same. 97. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 97 of the Complaint, and, therefore, denies the same. 98. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 98 of the Complaint, and, therefore, denies the same. Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 18 of 44 19 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 the allegation(s) contained in Paragraph 100 of the Complaint. 101. Officer Haferman denies the allegation(s) contained in Paragraph 101 of the Complaint. 102. Officer Haferman denies the allegation(s) contained in Paragraph 102 of the Complaint. 103. Officer Haferman denies the allegation(s) contained in Paragraph 103 of the Complaint. 104. Officer Haferman denies wrongfully arresting Plaintiff, as alleged in Paragraph 104 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 104 of the Complaint, and, therefore, denies the same. ANSWER TO HAFFERMAN CARRIES ON 105. Officer Haferman denies wrongfully arresting Plaintiff, as alleged in Paragraph 105 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 105 of the Complaint, and, therefore, denies the same. 106. As to the allegation(s) contained in Paragraph 106, subsections (a) though (l), except subsections (a) and (j), of the Complaint, to the extent the allegation(s) refer to the substance Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 19 of 44 20 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 106, 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 106, subsections (a) and (j), of the Complaint, and, therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained Paragraph 106, subsections (a) though (l), except subsections (a) and (j), of the Complaint. 107. As to the allegation(s) contained in Paragraph 107, 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 107, 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 107, subsection (d), of the Complaint, and, therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained Paragraph 107, subsections (a) though (f), except subsection (d), of the Complaint. 108. As to the allegation(s) contained in Paragraph 108, 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 Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 20 of 44 21 denies all allegation(s) contained in Paragraph 108, 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 108, subsection (e), of the Complaint, and, therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained Paragraph 108, subsections (a) though (f), except subsection (e), of the Complaint. 109. As to the allegation(s) contained in Paragraph 109, 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 109, 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 109, 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 109, subsection (f), of the Complaint. Officer Haferman denies the remaining allegation(s) contained Paragraph 109, subsections (a) though (g), except subsection (f), of the Complaint. 110. As to the allegation(s) contained in Paragraph 110, 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 110, subsections (a) though (f), except subsection Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 21 of 44 22 (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 110, subsection (e), of the Complaint, and, therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained Paragraph 110, subsections (a) though (f), except subsection (e), of the Complaint. 111. Officer Haferman admits that Harris Elias is suing Officer Haferman in a separate civil case as contained in Paragraph 111 of the Complaint. Officer Haferman denies the remaining allegation(s) contained in Paragraph 111 of the Complaint. 112. As to the allegation(s) contained in Paragraph 112, 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 112, 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 112, subsection (c), of the Complaint, and, therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained Paragraph 112, subsections (a) though (e) except subsection (c), of the Complaint. 113. As to the allegation(s) contained in Paragraph 113, 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 Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 22 of 44 23 allegation(s) contained in Paragraph 113, 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 113, subsection (e), of the Complaint, and, therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained Paragraph 113, subsections (a) though (d) except subsection (e) of the Complaint. 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, pertaining to why the charges against Mr. Groves were dismissed, and, therefore, denies the same. As to the remaining allegation(s) contained in Paragraph 114, 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 114 of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 114 of the Complaint. 115. As to the allegation(s) contained in Paragraph 115, subsections (a) through (d), 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 itself. Officer Haferman denies all allegation(s) contained in Paragraph 115, subsections (a) through (d), of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 115, subsections (a) through (d), of the Complaint. Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 23 of 44 24 ANSWER TO THE ACCESSIBLE DATA IS INCOMPLETE. 116. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 116 of the Complaint, and, therefore, denies the same. 117. Officer Haferman denies arresting and wrongfully charging citizens with DUI/DWAI as alleged in Paragraph 117, subsections (a) through (e), of the Complaint. Officer Haferman is without knowledge or information sufficient to form a belief as to t he truth of the remaining allegation(s) contained in Paragraph 117, subsections (a) through (e), of the Complaint, and, therefore, denies the same. 118. Officer Haferman denies wrongful DUI arrest activity as alleged in Paragraph 118, 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 118, of the Complaint, and, therefore, denies the same. ANSWER TO MEDIA COVERAGE PROMPTS FCPS TO LIE, SCRAMBLE, AND GAS-LIGHT THE PUBLIC. 119. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the 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 is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 121 of the Complaint, and, therefore, Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 24 of 44 25 denies the same. 122. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 122 of the 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 allegation(s) contained in Paragraph 123 of the Complaint, and, therefore, denies the same. 124. As to the allegation(s) contained in Paragraph 124, 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 124 of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 124 of the Complaint. 125. As to the allegation(s) contained in Paragraph 125, 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 125 of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 125 of the Complaint. 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. Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 25 of 44 26 127. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 127, subsections (a) through (b), 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 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, 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 is without knowledge or information sufficient to form a belief as to the truth of the 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 Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 26 of 44 27 as to the truth of the allegation(s) contained in Paragraph 134 of the Complaint, and, therefore, denies the same. 135. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 135 of the Complaint, and, therefore, denies the same. 136. Officer Haferman denies having a pattern of making many wrongful DUI arrests of citizens as alleged in Paragraph 136 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 136 of the Complaint, and, therefore, denies the same. 137. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 137 of the Complaint, and, therefore, denies the same. 138. Officer Haferman denies having a pattern of making many wrongful DUI arrests of citizens as alleged in Paragraph 138 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 138 of the Complaint, and, therefore, denies the same. 139. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 139 of the Complaint, and, therefore, denies the same. 140. Officer Haferman denies having a pattern of making many wrongful DUI arrests of citizens as alleged in Paragraph 140 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 Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 27 of 44 28 Paragraph 185 of the Complaint, and, therefore, denies the same. 141. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 141 of the Complaint, and, therefore, denies the same. 142. Officer Haferman denies having a pattern of making many wrongful DUI arrests of citizens as alleged in Paragraph 142, 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 142, subsections (a) though (d), 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 remaining allegation(s) contained in Paragraph 144, subsections (a) though (d), 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. 146. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 146 of the Complaint, and, therefore, denies the same. 147. Officer Haferman is without knowledge or information sufficient to form a belief Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 28 of 44 29 as to the truth of the allegation(s) contained in Paragraph 147 of the Complaint, and, therefore, denies the same. 148. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 148, subsection (b) and footnote 6, 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, subsection (a) though (b), of the Complaint, and, therefore, denies the same. 150. Officer Haferman denies committing constitutional violations as alleged in Paragraph 150 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 1 50 of the Complaint, and, therefore, denies the same. 151. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 151 of the Complaint, and, therefore, denies the same. 152. Officer Haferman denies having a pattern of making many wrongful DUI arrests of citizens as alleged in Paragraph 152 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 152 of the Complaint, and, therefore, denies the same. 153. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 153 of the Complaint, and, therefore, denies the same. Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 29 of 44 30 154. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 154 of the Complaint, and, therefore, denies the same. 155. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 155, subsections (a) through (c), of the Complaint, and, therefore, denies the same. 156. As to the allegation(s) contained in Paragraph 156, 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 denies all allegation(s) contained in Paragraph 156, subsections (a)(i)-(ii) through (e), of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in Paragraph 156, subsections (a)(i)-(iii) through (e), of the Complaint. 157. As to the allegation(s) contained in Paragraph 157, 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 157, of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in Paragraph 157, of the Complaint. 158. Officer Haferman denies the allegation(s) contained in Paragraph 158 of the Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 30 of 44 31 Complaint. 159. Officer Haferman denies the allegation(s) contained in Paragraph 159 of the Complaint. 160. As to the allegation(s) contained in Paragraph 160, 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 160, of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in Paragraph 160, of the Complaint. 161. Officer Haferman denies allegation(s) of misconduct as contained in Paragraph 161 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 161 of the Complaint, and, therefore, denies the same. 162. As to the allegation(s) contained in Paragraph 162, 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 162, of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in Paragraph 162, of the Complaint. 163. Officer Haferman denies having a pattern of making many wrongful DUI arrests of Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 31 of 44 32 citizens as alleged in Paragraph 163 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 163 of the Complaint, and, therefore, denies the same. 164. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 164 of the Complaint, and, therefore, denies the same. 165. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 165 of the Complaint, and, therefore, denies the same. 166. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 166 of the Complaint, and, therefore, denies the same. 167. Officer Haferman denies having a pattern of making many wrongful DUI arrests of citizens, lying on reports, doing roadsides incorrectly as alleged in Paragraph 167 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 167 of the Complaint, and, therefore, denies the same. 168. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 168 of the Complaint, and, therefore, denies the same. 169. Officer Haferman denies having a pattern of making many wrongful DUI arrests of citizens as alleged in Paragraph 169 of the Complaint. Officer Haferman is without knowledge or Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 32 of 44 33 information sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 169 of the Complaint, and, therefore, denies the same. 170. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 170 of the Complaint, and, therefore, denies the same. 171. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 171 of the 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) 172. Officer Haferman incorporates the responses in Paragraphs 1 through 171 above as if fully set forth herein. 173. The allegation(s) contained in Paragraph 173 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 173 of the Complaint. 174. The allegation(s) contained in Paragraph 174 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 174 of the Complaint. 175. 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 175 of the Complaint. Officer Haferman denies the remaining allegation(s) contained in Paragraph 175 of the Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 33 of 44 34 Complaint. 176. Officer Haferman denies the allegation(s) contained in Paragraph 176 of the Complaint. 177. Officer Haferman denies the allegation(s) contained in Paragraph 177 of the Complaint. 178. Officer Haferman admits the allegation(s) contained in Paragraph 178 of the Complaint. 179. Officer Haferman denies the allegation(s) contained in Paragraph 179 of the Complaint. 180. Officer Haferman denies the allegation(s) contained in Paragraph 180 of the Complaint. 181. Officer Haferman denies the allegation(s) contained in Paragraph 181 of the Complaint. 182. Officer Haferman denies the allegation(s) contained in Paragraph 182 of the Complaint. 183. Officer Haferman denies the allegation(s) contained in Paragraph 183 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) 184. Officer Haferman incorporates the responses in Paragraphs 1 through 183 above as if fully set forth herein. Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 34 of 44 35 185. The allegation(s) contained in Paragraph 185 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 185 of the Complaint. 186. Officer Haferman denies the allegation(s) contained in Paragraph 186 of the Complaint. 187. Officer Haferman denies the allegation(s) contained in Paragraph 187 of the Complaint. 188. Officer Haferman denies the allegation(s) contained in Paragraph 188 of the Complaint. 189. Officer Haferman denies the allegation(s) contained in Paragraph 189 of the Complaint. 190. Officer Haferman denies the allegation(s) contained in Paragraph 190 of the Complaint. ANSWER TO SERGEANT HEATON 191. The allegation(s) contained in Paragraph 191 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 191 of the Complaint. 192. The allegation(s) contained in Paragraph 192 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 192 of the Complaint. Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 35 of 44 36 193. Officer Haferman denies wrongfully arresting people and charging them with DUI as alleged in Paragraph 193 of the Complaint. The remaining allegation(s) contained in Paragraph 193 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 193 of the Complaint. 194. 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 194 of the Complaint. The remaining allegation(s) contained in Paragraph 194 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 194 of the Complaint. 195. Officer Haferman denies wrongfully arresting people, charging them with DUI or having such pattern or practice as alleged in Paragraph 195 of the Complaint. The remaining allegation(s) contained in Paragraph 195 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 195 of the Complaint. 196. Officer Haferman denies wrongfully arresting people and charging them with DUI as alleged in Paragraph 196 of the Complaint. The remaining allegation(s) contained in Paragraph 196 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 Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 36 of 44 37 required, Officer Haferman denies the allegation(s) contained in Paragraph 196 of the Complaint. ANSWER TO CORPORAL REDACTED 197. The allegation(s) contained in Paragraph 197 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 197 of the Complaint. 198. The allegation(s) contained in Paragraph 198 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 198 of the Complaint. 199. 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 199 of the Complaint. The remaining allegation(s) contained in Paragraph 199 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 199 of the Complaint. 200. Officer Haferman denies wrongfully arresting people and charging them with DUI, as alleged in Paragraph 200 of the Complaint. The remaining allegation(s) contained in Paragraph 200 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 Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 37 of 44 38 the extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph 200 of the Complaint. 201. Officer Haferman denies wrongfully arresting people and charging them with DUI, as alleged in Paragraph 246 of the Complaint. The remaining allegation(s) contained in Paragraph 201 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 201 of the Complaint ANSWER TO CITY OF FORT COLLINS 202. The allegation(s) contained in Paragraph 202 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 202 of the Complaint. 203. The allegation(s) contained in Paragraph 203 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 203 of the Complaint. 204. The allegation(s) contained in Paragraph 204 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 204 of the Complaint. 205. Officer Haferman denies wrongfully arresting people and charging them with DUI, Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 38 of 44 39 as alleged in Paragraph 205 of the Complaint. The remaining allegation(s) contained in Paragraph 205 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 205 of the Complaint 206. The allegation(s) contained in Paragraph 206 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 206 of the Complaint. 207. The allegation(s) contained in Paragraph 207 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 207 of the Complaint. 208. The allegation(s) contained in Paragraph 208 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 208 of the Complaint. 209. The allegation(s) contained in Paragraph 209 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 209 of the Complaint. 210. The allegation(s) contained in Paragraph 210 of the Complaint pertain to Defendant Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 39 of 44 40 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 210 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) 211. Officer Haferman incorporates the responses in Paragraphs 1 through 210 above as if fully set forth herein. 212. 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 212 of the Complaint. Officer Haferman denies the remaining allegation(s) contained in Paragraph 212 of the Complaint. 213. The allegation(s) contained in Paragraph 213 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 213 of the Complaint. 214. Officer Haferman denies the allegation(s) contained in Paragraph 214 of the Complaint. 215. Officer Haferman denies the allegation(s) contained in Paragraph 215 of the Complaint. 216. Officer Haferman denies the allegation(s) contained in Paragraph 216 of the Complaint. 217. Officer Haferman denies the allegation(s) contained in Paragraph 217 of the Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 40 of 44 41 Complaint. 218. Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph 218 of the Complaint, and, therefore, denies the same. 219. Officer Haferman denies the allegation(s) contained in Paragraph 219 of the Complaint. ANSWER TO FOURTH CLAIM FOR RELIEF 42 U.S.C. §1983 – Malicious Prosecution Fourth Amendment, Due Process Violations (against Defendant Haferman) 220. Officer Haferman incorporates the responses in Paragraphs 1 through 219 above as if fully set forth herein. 221. Officer Haferman denies the allegation(s) contained in Paragraph 221 of the Complaint. 222. Officer Haferman denies the allegation(s) contained in Paragraph 222 of the Complaint. 223. Officer Haferman denies the allegation(s) contained in Paragraph 223 of the Complaint. 224. Officer Haferman denies the allegation(s) contained in Paragraph 224 of the Complaint. 225. Officer Haferman denies the allegation(s) contained in Paragraph 225 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, Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 41 of 44 42 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 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 Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 42 of 44 43 Constitution. 8. Plaintiff’s claims against Officer Haferman are substantially frivolous and groundless, entitling Officer Haferman to recover his reasonable expenses, including attorneys' fees, pursuant to 42 U.S.C. §1988 and Fed. R. Civ. P. Rule 11. 9. Officer Haferman is entitled to qualified immunity. 10. Plaintiff has failed to reasonably mitigate his damages, if any, and has failed to exercise due diligence in an effort to mitigate his damages, and to the extent of such failure to mitigate, any damages awarded to Plaintiff should be reduced accordingly. 11. Officer Haferman reserves the right to assert any and all additional affirmative defenses. JURY DEMAND Officer Haferman hereby demands that this case be tried to a jury pursuant to Fed. R. Civ. P. 38. Dated this 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 Jason Haferman Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 43 of 44 44 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. Case No. 1:23-cv-01342-SBP Document 20 filed 08/21/23 USDC Colorado pg 44 of 44