HomeMy WebLinkAbout2023-cv-1343 - Elias V. V. City Of Fort Collins, Et Al. - 023 - Haferman Answer1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 23-cv-01343-GPG-KLM
HARRIS ELIAS,
Plaintiff,
v.
CITY OF FORT COLLINS,
JASON HAFERMAN,
SERGEANT ALLEN HEATON, and
CORPORAL 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.
ANSWER TO INTRODUCTION
1. As to the allegation(s) contained in Paragraph 1 of the Complaint, Officer Haferman
admits the allegations are under §13-21-131, C.R.S. and 42 U.S.C. §§1983 and 1988 for various
forms of relief. Officer Haferman denies the remaining allegation(s) contained in Paragraph 1 of
the 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.
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. As to the allegation(s) contained in Paragraph 8 of the Complaint, Officer Haferman
admits the City of Fort Collins is a governmental entity and municipality. Officer Haferman is
without knowledge or information sufficient to form a belief as to the truth of the remaining
allegation(s) contained in Paragraph 8 of the Complaint, and, therefore, denies the same.
9. As to the allegation(s) contained in Paragraph 9 of the Complaint, Officer Haferman
admits the City of Fort Collins employed him, supervised him, disciplined and trained him. Officer
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Haferman is without knowledge or information sufficient to form a belief as to the truth of the
remaining allegation(s) contained in Paragraph 9 of the 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. As to the allegation(s) contained in Paragraph 11 of the Complaint, Officer
Haferman admits that Sergeant Allen Heaton was his supervisor over some period of time. Officer
Haferman denies that he wrongfully arrested Plaintiff or anyone else for DUI. Officer Haferman
is without knowledge or information sufficient to form a belief as to the truth of the remaining
allegation(s) contained in Paragraph 11 of the 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.
ANSWER TO STATEMENT OF FACTS
13. Officer Haferman admits the allegation(s) contained in Paragraph 13 of the
Complaint.
14. As to the allegation(s) contained in Paragraph 14, including footnote 1, of the
Complaint, Officer Haferman admits he made DUI arrests as part of his employment with the Fort
Collins Police Department. Officer Haferman denies the remaining allegation(s) contained in
Paragraph 14, including footnote 1, of the Complaint.
15. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 15 of the Complaint, and, therefore,
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denies the same.
16. As to the allegation(s) contained in Paragraph 16 of the Complaint, Officer
Haferman admits he made DUI arrests as part of his employment with the Fort Collins Police
Department. Officer Haferman is without knowledge or information sufficient to form a belief as
to the truth of the remaining allegation(s) contained in Paragraph 16 of the 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. As to the allegation(s) contained in Paragraph 20 of the Complaint, Officer
Haferman admits that he stopped Jacob Larkin and temporarily detained him for investigation.
Officer Haferman denies he stopped and harassed Jacob Larkin because Jacob Larkin had prior
contacts with law enforcement. The remaining allegation(s) contained in Paragraph 20 of the
Complaint refer to testimony contained in the transcript from a Motion to Suppress Hearing, and
the Court’s findings during that hearing. Officer Haferman affirmatively states that the substance
of the testimony and findings contained in the transcript from that hearing, in its entirety, speak
for themselves. Officer Haferman denies all allegation(s) contained in Paragraph 20 of the
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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 testimony
contained in the transcript from a Motion to Suppress Hearing, and the Court’s findings during
that hearing. Officer Haferman affirmatively states that the substance of the testimony and findings
contained in the transcript from that hearing, in its entirety, speak for themselves. Officer
Haferman denies all allegation(s) contained in Paragraph 21 of the Complaint which are
inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in
Paragraph 21 of the Complaint.
22. As to the allegation(s) contained in Paragraph 22, including footnote 2, of the
Complaint, Officer Haferman denies that he engaged in wrongful searches, seizure and arrests of
citizens. Officer Haferman is without knowledge or information sufficient to form a belief as to
the truth of the remaining allegation(s) contained in Paragraph 22, including footnote 2, of the
Complaint, and, therefore, denies the same.
23. As to the allegation(s) contained in Paragraph 23 of the Complaint, Officer
Haferman admits that he received training with respect to administration of SFSTs (Standardized
Field Sobriety Tests). Officer Haferman denies the remaining allegation(s) contained in Paragraph
23 of the Complaint.
24. Officer Haferman denies the allegation(s) contained in Paragraph 24, including
subsections (a) through (c), of the Complaint.
25. Officer Haferman denies the allegation(s) contained in Paragraph 25 of the
Complaint.
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26. Officer Haferman denies the allegation(s) contained in Paragraph 26 of the
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 footage and reports, Officer Haferman affirmatively states that the
substance of the footage of the BWC and reports in its entirety, speaks for itself. Officer Haferman
denies all allegation(s) contained in Paragraph 31, subsections (a) though (g), including footnote
3, of the 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. As to the allegation(s) contained in Paragraph 32 of the Complaint, Officer
Haferman denies wrongfully arresting innocent people. Officer Haferman is without knowledge
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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.
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. As to the allegation(s) contained in Paragraph 34 of the Complaint, Officer
Haferman denies making wrongful DUI arrests. Officer Haferman is without knowledge or
information sufficient to form a belief as to the truth of the remaining allegation(s) contained in
Paragraph 34 of the Complaint, and, therefore, denies the same.
35. As to the allegation(s) contained in Paragraph 35 of the Complaint, Officer
Haferman denies making any wrongful DUI arrests. Officer Haferman is without knowledge or
information sufficient to form a belief as to the truth of the remaining allegation(s) contained in
Paragraph 35 of the Complaint, and, therefore, denies the same.
36. As to the allegation(s) contained in Paragraph 36 of the Complaint, Officer
Haferman denies that he wrongfully arrested C.B. Officer Haferman denies 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 footage, reports and testimony presented at trial, Officer Haferman
affirmatively states that the substance of the footage of the BWC, reports and testimony presented
at trial, in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in
Paragraph 37, subsections (a) though (p), including footnote 4, of the Complaint which are
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inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in
Paragraph 37, subsections (a) though (p), including footnote 4, of the Complaint.
38. As to the allegation(s) contained in Paragraph 38 of the Complaint, Officer
Haferman denies that he was not supervised by the Fort Collins Police Department. Officer
Haferman is without knowledge or information sufficient to form a belief as to the truth of the
remaining allegation(s) contained in Paragraph 38 of the Complaint, and, therefore, denies the
same.
39. As to the allegation(s) contained in Paragraph 39 of the Complaint, Officer
Haferman denies that he was not supervised by the Fort Collins Police Department. Officer
Haferman is without knowledge or information sufficient to form a belief as to the truth of the
remaining allegation(s) contained in Paragraph 39 of the Complaint, and, therefore, denies the
same.
40. As to the allegation(s) contained in Paragraph 40 of the Complaint, Officer
Haferman denies violating the constitutional right of innocent citizens. Officer Haferman is
without knowledge or information sufficient to form a belief as to the truth of the remaining
allegation(s) contained in Paragraph 40 of the 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
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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 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
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
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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
(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. 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.
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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.
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 o f 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
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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
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 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
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.
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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 denies the allegation(s) contained in Paragraph 53 of the
Complaint.
54. Officer Haferman denies the allegation(s) contained in Paragraph 54 of the
Complaint, including making wrongful DUI arrests.
55. Officer Haferman denies the allegation(s) contained in Paragraph 55 of the
Complaint, including making wrongful DUI arrests.
56. Officer Haferman denies the allegation(s) contained in Paragraph 56 of the
Complaint, including making wrongful DUI arrests.
ANSWER TO HAFERMAN’S WRONGFUL ARREST
OF PLAINTIFF HARRIS ELIAS
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57. Officer Haferman denies the allegation(s) contained in Paragraph 57 of the
Complaint, including making wrongful DUI arrests of Plaintiff or S.J.
58. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 58 of the Complaint, and, therefore,
denies the same.
59. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 59 of the Complaint pertaining to where
Plaintiff was coming from and where Plaintiff was going, and, therefore, denies the same. Officer
Haferman denies the remaining allegation(s) contained in Paragraph 59 of the Complaint,
60. As to the allegation(s) contained in Paragraph 60 of the Complaint, Officer
Haferman admits activating his red and blue lights and pulling Plaintiff over. Officer Haferman
denies the remaining allegation(s) contained in Paragraph 60 of the Complaint.
61. As to the allegation(s) contained in Paragraph 61, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 61 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
Paragraph 61 of the Complaint.
62. As to the allegation(s) contained in Paragraph 62, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 62 of the Complaint
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which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
Paragraph 62 of the Complaint.
63. As to the allegation(s) contained in Paragraph 63, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 63 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
Paragraph 63 of the Complaint.
64. As to the allegation(s) contained in Paragraph 64, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 64 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
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 footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 65 of the 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 footage and reports, Officer Haferman
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affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 66 of the 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 footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 67 of the 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)
refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 68 of the 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 footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 69 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
Paragraph 69 of the Complaint.
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70. As to the allegation(s) contained in Paragraph 70, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 70 of the 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 footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 71 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
Paragraph 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 footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 72 of the 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 footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 73 of the Complaint
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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 footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 74 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
Paragraph 74 of the Complaint.
75. As to the allegation(s) contained in Paragraph 75, subsection (a) through (b), to the
extent the allegation(s) refer to the substance of Officer Haferman’s BWC footage and reports,
Officer Haferman affirmatively states that the substance of the footage of the BWC and reports in
its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 75,
subsection (a) through (b), of the Complaint which are inconsistent therewith. Officer Haferman
denies the remaining allegation(s) contained Paragraph 75, subsection (a) through (b) of the
Complaint.
76. As to the allegation(s) contained in Paragraph 76, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 76 of the 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)
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refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 77 of the 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 footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 78 of the 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 footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 79 of the 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 footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 80 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
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Paragraph 80 of the Complaint.
81. As to the allegation(s) contained in Paragraph 81, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 81 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
Paragraph 81 of the Complaint.
82. As to the allegation(s) contained in Paragraph 82, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 82 of the 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 footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 83 of the 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 footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
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for itself. Officer Haferman denies all allegation(s) contained in Paragraph 84 of the 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 footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 85 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
Paragraph 85 of the Complaint.
86. As to the allegation(s) contained in Paragraph 86, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 86 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
Paragraph 86 of the Complaint.
87. As to the allegation(s) contained in Paragraph 87, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 87 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
Paragraph 87 of the Complaint.
88. As to the allegation(s) contained in Paragraph 88, to the extent the allegation(s)
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refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 88 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
Paragraph 88 of the Complaint.
89. As to the allegation(s) contained in Paragraph 89, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 89 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
Paragraph 89 of the Complaint.
90. As to the allegation(s) contained in Paragraph 90, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 90 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
Paragraph 90 of the Complaint.
91. As to the allegation(s) contained in Paragraph 91 of the Complaint, Officer
Haferman admits that CSU Officer Cardenas assisted Officer Haferman in handcuffing Plaintiff.
Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of
the remaining allegation(s) contained in Paragraph 91 of the Complaint, and, therefore, denies the
same.
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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 denies the allegation(s) contained in Paragraph 93 of the
Complaint.
94. As to the allegation(s) contained in Paragraph 94, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 94 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
Paragraph 94 of the Complaint.
95. As to the allegation(s) contained in Paragraph 95, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 95 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
Paragraph 95 of the Complaint.
96. As to the allegation(s) contained in Paragraph 96, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 96 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
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in Paragraph 96 of the Complaint.
97. As to the allegation(s) contained in Paragraph 97, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 97 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
Paragraph 97 of the Complaint.
98. As to the allegation(s) contained in Paragraph 98, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 98 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
Paragraph 98 of the Complaint.
99. As to the allegation(s) contained in Paragraph 99, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 99 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
Paragraph 99 of the Complaint.
100. As to the allegation(s) contained in Paragraph 100, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
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for itself. Officer Haferman denies all allegation(s) contained in Paragraph 100 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
Paragraph 100 of the Complaint.
101. As to the allegation(s) contained in Paragraph 101, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 101 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
Paragraph 101 of the Complaint.
102. As to the allegation(s) contained in Paragraph 102, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 102 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
Paragraph 102 of the Complaint.
103. As to the allegation(s) contained in Paragraph 103 of the Complaint, Officer
Haferman admits taking Plaintiff to the jail for a breath test. Officer Haferman denies the remaining
allegation(s) contained in Paragraph 103 of the Complaint.
104. As to the allegation(s) contained in Paragraph 104, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 104 of the Complaint
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which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
Paragraph 104 of the Complaint.
105. Officer Haferman denies the allegation(s) contained in Paragraph 105 of the
Complaint.
106. Officer Haferman denies the allegation(s) contained in Paragraph 106 of the
Complaint.
107. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 107 of the Complaint, and, therefore,
denies the same.
108. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 108 of the Complaint, and, therefore,
denies the same.
109. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 109 of the Complaint, and, therefore,
denies the same.
110. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 110 of the 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. As to the allegation(s) contained in Paragraph 112, to the extent the allegation(s)
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refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 112 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
Paragraph 112 of the Complaint.
113. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 113 of the 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 is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 115 of the Complaint, and, therefore,
denies the same.
116. As to the allegation(s) contained in Paragraph 116 of the Complaint, Officer
Haferman admits to having a conversation with Sergeant Heaton while both cameras were muted.
Officer Haferman denies the remaining allegation(s) contained in Paragraph 116 of the Complaint.
117. As to the allegation(s) contained in Paragraph 117, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 117 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
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Paragraph 117 of the Complaint.
118. As to the allegation(s) contained in Paragraph 118 of the Complaint, Officer
Haferman is without knowledge or information sufficient to form a belief as to the truth of the
allegation pertaining to Plaintiff’s pilot’s license, or as to why Plaintiff agreed to a blood test, and,
therefore, denies the same. As to the remaining allegation(s) contained in Paragraph 118, to the
extent the allegation(s) refer to the substance of Officer Haferman’s BWC footage and reports,
Officer Haferman affirmatively states that the substance of the footage of the BWC and reports, in
its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 118
of the Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 118 of the Complaint.
119. As to the allegation(s) contained in Paragraph 119, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 119 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
Paragraph 119 of the Complaint.
120. As to the allegation(s) contained in Paragraph 120, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports, in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 120 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
Paragraph 120 of the Complaint.
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121. Officer Haferman denies the allegation(s) contained in Paragraph 121 of the
Complaint.
122. As to the allegation(s) contained in Paragraph 122, to the extent the allegation(s)
refer to the substance of Officer Haferman’s reports, Officer Haferman affirmatively states that
the substance of the reports, in its entirety, speaks for itself. Officer Haferman denies all
allegation(s) contained in Paragraph 122 of the Complaint which are inconsistent therewith.
Officer Haferman denies the remaining allegation(s) contained Paragraph 122 of the Complaint.
123. Officer Haferman admits the allegation(s) contained in Paragraph 123 of the
Complaint.
124. Officer Haferman denies the allegation(s) contained in Paragraph 124 of the
Complaint.
125. Officer Haferman admits the allegation(s) contained in Paragraph 125 of the
Complaint.
126. As to the allegation(s) contained in Paragraph 126, subsections (a) through (c), of
the Complaint, to the extent the allegation(s) refer to the substance of Officer Haferman’s call to
Child Protective Services, Officer Haferman affirmatively states that the substance of that call, in
its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 126,
subsections (a) through (c), of the Complaint which are inconsistent therewith. Officer Haferman
denies the remaining allegation(s) contained Paragraph 126, subsections (a) through (c) of the
Complaint.
127. Officer Haferman denies the allegation(s) contained in Paragraph 127 of the
Complaint.
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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
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
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as to the truth of the allegation(s) contained in Paragraph 135 of the Complaint, and, therefore,
denies the same.
136. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 136 of the 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 is without knowledge or information sufficient to form a belief
as to the truth of the 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 is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 140 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 is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 142 of the Complaint, and, therefore,
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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.
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
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 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.
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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.
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 is without knowledge or information sufficient to form a belief
as to the truth of the 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.
154. Officer Haferman denies the allegation(s) contained in Paragraph 154 of the
Complaint.
155. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 155 of the Complaint, and, therefore,
denies the same.
156. As to the allegation(s) contained in Paragraph 156 of the Complaint, Officer
Haferman admits that Plaintiff’s blood test results came back negative for all substances the blood
was tested for. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the remaining allegation(s) contained in Paragraph 156 of the Complaint, and,
therefore, denies the same.
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157. As to the allegation(s) contained in Paragraph 157 of the Complaint, Officer
Haferman admits that Plaintiff’s blood test results were sent to Officer Haferman and that he
completed a supplemental report in the case. Officer Haferman is without knowledge or
information sufficient to form a belief as to the truth of the remaining allegation(s) contained in
Paragraph 157 of the Complaint, and, therefore, denies the same.
158. As to the allegation(s) contained in Paragraph 158 of the Complaint, Officer
Haferman denies wrongfully arresting Plaintiff. Officer Haferman is without knowledge or
information sufficient to form a belief as to the truth of the rem aining allegation(s) contained in
Paragraph 158 of the Complaint, and, therefore, denies the same.
159. As to the allegation(s) contained in Paragraph 159 of the Complaint, Officer
Haferman denies wrongfully arresting Plaintiff. Officer Haferman is without knowledge or
information sufficient to form a belief as to the truth of the remaining allegation(s) contained in
Paragraph 159 of the Complaint, and, therefore, denies the same.
ANSWER TO HAFFERMAN CARRIES ON
160. As to the allegation(s) contained in Paragraph 160 of the Complaint, Officer
Haferman denies wrongfully arresting Plaintiff. Officer Haferman is without knowledge or
information sufficient to form a belief as to the truth of the remaining allegation(s) contained in
Paragraph 160 of the Complaint, and, therefore, denies the same.
161. As to the allegation(s) contained in Paragraph 161, subsections (a) though (e),
except subsection (c), of the 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
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denies all allegation(s) contained in Paragraph 161, 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
161, subsection (c), of the Complaint, and, therefore, denies the same. Officer Haferman denies
the remaining allegation(s) contained Paragraph 161, subsections (a) though (e), except subsection
(c), of the Complaint.
162. As to the allegation(s) contained in Paragraph 162, 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 footage and reports, Officer Haferman affirmatively states that the
substance of the footage of the BWC and reports, in its entirety, speaks for itself. Officer Haferman
denies all allegation(s) contained in Paragraph 162, subsections (a) though (d), except subsection
(e), of the Complaint which are inconsistent therewith. Officer Haferman is without knowledge or
information sufficient to form a belief as to the truth of the allegation(s) contained in Paragraph
162, subsection (e), of the Complaint, and, therefore, denies the same. Officer Haferman denies
the remaining allegation(s) contained Paragraph 162, subsections (a) though (d), except subsection
(e)of the Complaint.
163. As to the allegation(s) contained in Paragraph 163 of the Complaint, Officer
Haferman is without knowledge or information sufficient to form a belief as to the truth of the
allegation(s) pertaining to why the charges against Mr. Groves were dismissed, and, therefore,
denies the same. As to the remaining allegation(s) contained in Paragraph 163, to the extent the
allegation(s) refer to the substance of Officer Haferman’s BWC footage and reports, Officer
Haferman affirmatively states that the substance of the footage of the BWC and reports, in its
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entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in Paragraph 163 of
the Complaint which are inconsistent therewith. Officer Haferman denies the remaining
allegation(s) contained Paragraph 163 of the Complaint.
164. As to the allegation(s) contained in Paragraph 164, subsections (a) through (d), of
the Complaint, to the extent the allegation(s) refer to the substance of a hearing at the DMV on
May 26, 2022, Officer Haferman affirmatively states that the substance of the hearing, depicted in
the hearing transcript in its entirety, speaks for itself. Officer Haferman denies all allegation(s)
contained in Paragraph 164, subsections (a) through (d), of the Complaint which are inconsistent
therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 164,
subsections (a) through (d), of the Complaint.
ANSWER TO THE ACCESSIBLE DATA IS INCOMPLETE.
165. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 165 of the Complaint, and, therefore,
denies the same.
166. As to the allegation(s) contained in Paragraph 166, subsections (a) through (e), of
the Complaint, Officer Haferman denies arresting and wrongfully charging citizens with
DUI/DWAI. Officer Haferman is without knowledge or information sufficient to form a belief as
to the truth of the remaining allegation(s) contained in Paragraph 166, subsections (a) through (e),
of the Complaint, and, therefore, denies the same.
167. As to the allegation(s) contained in Paragraph 167 of the Complaint, Officer
Haferman denies wrongful DUI arrest activity. Officer Haferman is without knowledge or
information sufficient to form a belief as to the truth of the remaining allegation(s) contained in
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Paragraph 167, of the Complaint, and, therefore, denies the same.
ANSWER TO MEDIA COVERAGE PROMPTS
FCPS TO LIE, SCRAMBLE, AND GAS-LIGHT THE PUBLIC
168. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 168 of the Complaint, and, therefore,
denies the same.
169. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 169 of the 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.
172. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 172 of the Complaint, and, therefore,
denies the same.
173. As to the allegation(s) contained in Paragraph 173, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the BWC footage and reports, in its entirety, speaks for
itself. Officer Haferman denies all allegation(s) contained in Paragraph 173 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
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Paragraph 173 of the Complaint.
174. As to the allegation(s) contained in Paragraph 174, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the BWC footage and reports, in its entirety, speaks for
itself. Officer Haferman denies all allegation(s) contained in Paragraph 174 of the Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
Paragraph 174 of the Complaint.
175. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 175 of the Complaint, and, therefore,
denies the same.
176. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 176, subsections (a) through (b), of the
Complaint, and, therefore, denies the same.
177. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 177 of the Complaint, and, therefore,
denies the same.
178. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 178 of the Complaint, and, therefore,
denies the same.
179. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 179 of the Complaint, and, therefore,
denies the same.
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180. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 180 of the Complaint, and, therefore,
denies the same.
181. As to the allegation(s) contained in Paragraph 181 of the Complaint, Officer
Haferman denies having a pattern of making many wrongful DUI arrests of citizens. Officer
Haferman is without knowledge or information sufficient to form a belief as to the truth of the
remaining allegation(s) contained in Paragraph 181 of the Complaint, and, therefore, denies the
same.
182. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 182 of the Complaint, and, therefore,
denies the same.
183. As to the allegation(s) contained in Paragraph 183 of the Complaint, Officer
Haferman denies having a pattern of making many wrongful DUI arrests of citizens. Officer
Haferman is without knowledge or information sufficient to form a belief as to the truth of the
remaining allegation(s) contained in Paragraph 183 of the Complaint, and, therefore, denies the
same.
184. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 184 of the Complaint, and, therefore,
denies the same.
185. As to the allegation(s) contained in Paragraph 185 of the Complaint, Officer
Haferman denies having a pattern of making many wrongful DUI arrests of citizens. Officer
Haferman is without knowledge or information sufficient to form a belief as to the truth of the
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remaining allegation(s) contained in Paragraph 185 of the Complaint, and, therefore, denies the
same.
186. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 186 of the Complaint, and, therefore,
denies the same.
187. As to the allegation(s) contained in Paragraph 187, subsections (a) through (d), of
the Complaint, Officer Haferman denies having a pattern of making many wrongful DUI arrests
of citizens. Officer Haferman is without knowledge or information sufficient to form a belief as to
the truth of the remaining allegation(s) contained in Paragraph 187, subsections (a) though (d), of
the Complaint, and, therefore, denies the same.
188. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 188 of the Complaint, and, therefore,
denies the same.
189. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the remaining allegation(s) contained in Paragraph 189, subsections (a) though
(d), of the Complaint, and, therefore, denies the same.
190. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 190 of the Complaint, and, therefore,
denies the same.
191. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 191 of the Complaint, and, therefore,
denies the same.
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192. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 192 of the Complaint, and, therefore,
denies the same.
193. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 193, subsection (b) and footnote 5, of the
Complaint, and, therefore, denies the same.
194. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 194, subsection (a) though (b), of the
Complaint, and, therefore, denies the same.
195. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 195 of the Complaint, and, therefore,
denies the same.
196. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 196 of the Complaint, and, therefore,
denies the same.
197. As to the allegation(s) contained in Paragraph 197 of the Complaint, Officer
Haferman denies having a pattern of making many wrongful DUI arrests of citizens. Officer
Haferman is without knowledge or information sufficient to form a belief as to the truth of the
remaining allegation(s) contained in Paragraph 197 of the Complaint, and, therefore, denies the
same.
198. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 198 of the Complaint, and, therefore,
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denies the same.
199. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 199 of the Complaint, and, therefore,
denies the same.
200. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 200, subsections (a) through (b), of the
Complaint, and, therefore, denies the same.
201. As to the allegation(s) contained in Paragraph 201, subsections (a)(i)-(iii) through
(e), of the Complaint, to the extent the allegation(s) refer to the substance of the IA investigation
into Officer Haferman, or the substance of any recorded interviews by Officer Haferman, Officer
Haferman affirmatively states that the substance of the IA investigation into Officer Haferman, or
the substance of any recorded interviews by Officer Haferman, in its entirety, speaks for itself.
Officer Haferman denies all allegation(s) contained in Paragraph 201, subsections (a)(i)-(iii)
through (e), of the Complaint which are inconsistent therewith. Officer Haferman denies the
remaining allegation(s) contained in Paragraph 201, subsections (a)(i)-(iii) through (e), of the
Complaint.
202. As to the allegation(s) contained in Paragraph 202, of the Complaint, to the extent
the allegation(s) refer to the substance of the IA investigation into Officer Haferman, or the
substance of any recorded interviews by Officer Haferman, Officer Haferman affirmatively states
that the substance of the IA investigation into Officer Haferman, or the substance of any recorded
interviews by Officer Haferman, in its entirety, speaks for itself. Officer Haferman denies all
allegation(s) contained in Paragraph 202, of the Complaint which are inconsistent therewith.
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Officer Haferman denies the remaining 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 denies the allegation(s) contained in Paragraph 204 of the
Complaint.
205. As to the allegation(s) contained in Paragraph 205, of the Complaint, to the extent
the allegation(s) refer to the substance of the IA investigation into Officer Haferman, or the
substance of any recorded interviews by Officer Haferman, Officer Haferman affirmatively states
that the substance of the IA investigation into Officer Haferman, or the substance of any recorded
interviews by Officer Haferman, in its entirety, speaks for itself. Officer Haferman denies all
allegation(s) contained in Paragraph 205, of the Complaint which are inconsistent therewith.
Officer Haferman denies the remaining allegation(s) contained in Paragraph 205, of the Complaint.
206. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 206 of the Complaint, and, therefore,
denies the same.
207. As to the allegation(s) contained in Paragraph 207, of the Complaint, to the extent
the allegation(s) refer to the substance of the IA investigation into Officer Haferman, or the
substance of any recorded interviews by Officer Haferman, Officer Haferman affirmatively states
that the substance of the IA investigation into Officer Haferman, or the substance of any recorded
interviews by Officer Haferman, in its entirety, speaks for itself. Officer Haferman denies all
allegation(s) contained in Paragraph 207, of the Complaint which are inconsistent therewith.
Officer Haferman denies the remaining allegation(s) contained in Paragraph 207, of the Complaint.
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208. As to the allegation(s) contained in Paragraph 208 of the Complaint, Officer
Haferman denies having a pattern of making many wrongful DUI arrests of citizens. Officer
Haferman is without knowledge or information sufficient to form a belief as to the truth of the
remaining allegation(s) contained in Paragraph 208 of the Complaint, and, therefore, denies the
same.
209. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 209 of the Complaint, and, therefore,
denies the same.
210. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 210 of the Complaint, and, therefore,
denies the same.
211. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 211 of the Complaint, and, therefore,
denies the same.
212. As to the allegation(s) contained in Paragraph 212 of the Complaint, Officer
Haferman denies having a pattern of making many wrongful DUI arrests of citizens, lying on
reports, and doing roadsides incorrectly. Officer Haferman is without knowledge or information
sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 212
of the Complaint, and, therefore, denies the same.
213. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 213 of the Complaint, and, therefore,
denies the same.
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214. As to the allegation(s) contained in Paragraph 214 of the Complaint, Officer
Haferman denies having a pattern of making many wrongful DUI arrests of citizens. Officer
Haferman is without knowledge or information sufficient to form a belief as to the truth of the
remaining allegation(s) contained in Paragraph 214 of the Complaint, and, therefore, denies the
same.
215. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 215 of the Complaint, and, therefore,
denies the same.
216. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 216 of the Complaint, and, therefore,
denies the same.
ANSWER TO STATEMENT OF CLAIMS FOR RELIEF
ANSWER TO FIRST CLAIM FOR RELIEF
Section 13-21-131, C.R.S. – Arrest Without Probable Cause
Violation of Colorado Constitution, Article II, Section 7
(against Defendant Haferman)
217. Officer Haferman incorporates the responses in Paragraphs 1 through 216 above as
if fully set forth herein.
218. The allegation(s) contained in Paragraph 218 of the Complaint state legal
conclusions to which no response is required. To the extent a response is required, Officer
Haferman denies the allegation(s) contained in Paragraph 218 of the Complaint.
219. The allegation(s) contained in Paragraph 219 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 219 of the Complaint.
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220. As to the allegation(s) contained in Paragraph 220 of the Complaint, Officer
Haferman admits that at the time of this incident he was a police officer employed by the City of
Fort Collins and its Police Department. Officer Haferman denies the remaining allegation(s)
contained in Paragraph 220 of the Complaint.
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 admits 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.
226. Officer Haferman denies the allegation(s) contained in Paragraph 226 of the
Complaint.
227. Officer Haferman denies the allegation(s) contained in Paragraph 227 of the
Complaint.
228. Officer Haferman denies the allegation(s) contained in Paragraph 228 of the
Complaint.
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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)
229. Officer Haferman incorporates the responses in Paragraphs 1 through 228 above as
if fully set forth herein.
230. The allegation(s) contained in Paragraph 230 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 230 of the Complaint.
231. Officer Haferman denies the allegation(s) contained in Paragraph 231 of the
Complaint.
232. Officer Haferman denies the allegation(s) contained in Paragraph 232 of the
Complaint.
233. Officer Haferman denies the allegation(s) contained in Paragraph 233 of the
Complaint.
234. Officer Haferman denies the allegation(s) contained in Paragraph 234 of the
Complaint.
235. Officer Haferman denies the allegation(s) contained in Paragraph 235 of the
Complaint.
ANSWER TO SERGEANT HEATON
236. The allegation(s) contained in Paragraph 236 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
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allegation(s) contained in Paragraph 236 of the Complaint.
237. The allegation(s) contained in Paragraph 237 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 237 of the Complaint.
238. As to the allegation(s) contained in Paragraph 238 of the Complaint, Officer
Haferman denies wrongfully arresting people and charging them with DUI. The remaining
allegation(s) contained in Paragraph 238 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 238 of the Complaint.
239. As to the allegation(s) contained in Paragraph 239 of the Complaint, Officer
Haferman denies wrongfully arresting people, charging them with DUI, lying on his reports,
falsifying impairment indicators, administering roadsides incorrectly, and regularly tampering
with or otherwise muting/disabling his bodywork camera. The remaining allegation(s) contained
in Paragraph 239 of the Complaint pertain to Defendant Heaton and/or claims against Defendant
Heaton, and, therefore, no response by Officer Haferman is required at this time. To the extent a
response is required, Officer Haferman denies the allegation(s) contained in Paragraph 239 of the
Complaint.
240. As to the allegation(s) contained in Paragraph 240 of the Complaint, Officer
Haferman denies wrongfully arresting people, charging them with DUI or having such pattern or
practice. The remaining allegation(s) contained in Paragraph 240 of the Complaint pertain to
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Defendant Heaton and/or claims against Defendant Heaton, and, therefore, no response by Officer
Haferman is required at this time. To the extent a response is required, Officer Haferman denies
the allegation(s) contained in Paragraph 240 of the Complaint.
241. As to the allegation(s) contained in Paragraph 241 of the Complaint, Officer
Haferman denies wrongfully arresting people and charging them with DUI. The remaining
allegation(s) contained in Paragraph 241 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 241 of the Complaint.
ANSWER TO CORPORAL REDACTED
242. The allegation(s) contained in Paragraph 242 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 242 of the Complaint.
243. The allegation(s) contained in Paragraph 243 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 243 of the Complaint.
244. As to the allegation(s) contained in Paragraph 244 of the Complaint, Officer
Haferman denies wrongfully arresting people, charging them with DUI, lying on his reports,
falsifying impairment indicators, administering roadsides incorrectly, and regularly tampering
with or otherwise muting/disabling his bodywork camera. The remaining allegation(s) contained
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in Paragraph 244 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 244 of the Complaint.
245. As to the allegation(s) contained in Paragraph 245 of the Complaint, Officer
Haferman denies wrongfully arresting people and charging them with DUI. The remaining
allegation(s) contained in Paragraph 245 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 245 of the Complaint.
246. As to the allegation(s) contained in Paragraph 246 of the Complaint, Officer
Haferman denies wrongfully arresting people and charging them with DUI. The remaining
allegation(s) contained in Paragraph 246 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 246 of the Complaint
ANSWER TO CITY OF FORT COLLINS
247. The allegation(s) contained in Paragraph 247 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 247 of the Complaint.
248. The allegation(s) contained in Paragraph 248 of the Complaint pertain to Defendant
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the City of Fort Collins and/or claims against Defendant the City of Fort Collins, and, therefore,
no response by Officer Haferman is required at this time. To the extent a response is required,
Officer Haferman denies the allegation(s) contained in Paragraph 248 of the Complaint.
249. The allegation(s) contained in Paragraph 249 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 249 of the Complaint.
250. As to the allegation(s) contained in Paragraph 250 of the Complaint, Officer
Haferman denies wrongfully arresting people and charging them with DUI. The remaining
allegation(s) contained in Paragraph 250 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 250 of the Complaint
251. The allegation(s) contained in Paragraph 251 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 251 of the Complaint.
252. The allegation(s) contained in Paragraph 252 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 252 of the Complaint.
253. The allegation(s) contained in Paragraph 253 of the Complaint pertain to Defendant
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the City of Fort Collins and/or claims against Defendant the City of Fort Collins, and, therefore,
no response by Officer Haferman is required at this time. To the extent a response is required,
Officer Haferman denies the allegation(s) contained in Paragraph 253 of the Complaint.
254. The allegation(s) contained in Paragraph 254 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 254 of the Complaint.
255. The allegation(s) contained in Paragraph 255 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 255 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)
256. Officer Haferman incorporates the responses in Paragraphs 1 through 255 above as
if fully set forth herein.
257. As to the allegation(s) contained in Paragraph 257 of the Complaint, Officer
Haferman admits that at the time of this incident he was a police officer employed by the City of
Fort Collins and its Police Department. Officer Haferman denies the remaining allegation(s)
contained in Paragraph 257 of the Complaint.
258. The allegation(s) contained in Paragraph 258 of the Complaint state legal
conclusions to which no response is required. To the extent a response is required, Officer
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Haferman denies the allegation(s) contained in Paragraph 258 of the Complaint.
259. Officer Haferman denies the allegation(s) contained in Paragraph 259 of the
Complaint.
260. Officer Haferman denies the allegation(s) contained in Paragraph 260 of the
Complaint.
261. Officer Haferman denies the allegation(s) contained in Paragraph 261 of the
Complaint.
262. Officer Haferman denies the allegation(s) contained in Paragraph 262 of the
Complaint.
263. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 263 of the Complaint, and, therefore,
denies the same.
264. Officer Haferman denies the allegation(s) contained in Paragraph 264 of the
Complaint.
ANSWER TO FOURTH CLAIM FOR RELIEF
42 U.S.C. §1983 – Malicious Prosecution
Fourth Amendment, Due Process Violations
(against Defendant Haferman)
265. Officer Haferman incorporates the responses in Paragraphs 1 through 264 above as
if fully set forth herein.
266. Officer Haferman denies the allegation(s) contained in Paragraph 266 of the
Complaint.
267. Officer Haferman denies the allegation(s) contained in Paragraph 267 of the
Complaint.
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268. Officer Haferman denies the allegation(s) contained in Paragraph 268 of the
Complaint.
269. Officer Haferman denies the allegation(s) contained in Paragraph 269 of the
Complaint.
270. Officer Haferman denies the allegation(s) contained in Paragraph 270 of the
Complaint.
ANSWER TO PRAYER FOR RELIEF
The Prayer for Relief on Page 50 of the Complaint does not call for a response. To the
extent a response is required, Officer Haferman denies any allegation(s) contained in the Prayer
for Relief, including subparts (a) through (h) on Page 50 of the Complaint.
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,
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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
defenses.
JURY DEMAND
Officer Haferman hereby demands that this case be tried to a jury pursuant to Fed. R. Civ.
P. 38.
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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
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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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