HomeMy WebLinkAbout2023-cv-1342 - Cunningham V. City Of Fort Collins, Et Al. - 032 - Haferman Answer Am Compl1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 23-cv-01342-CNS-SBP
JESSE CUNNINGHAM,
Plaintiff,
v.
CITY OF FORT COLLINS,
JASON HAFERMAN,
SERGEANT ALLEN HEATON, and
CORPORAL JASON BOGOSIAN,
Defendants.
DEFENDANT FORMER OFFICER JASON HAFERMAN’S ANSWER TO
PLAINTIFF’S FIRST AMENDED COMPLAINT AND JURY DEMAND (ECF 24-1)
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 First Amended Complaint and Jury Demand (ECF
24-1) (“First Amended Complaint”) as follows.
I. ANSWER TO INTRODUCTION
1. Officer Haferman admits that allegations contained in Plaintiff’s First Amended
Complaint are under §13-21-131, C.R.S. and 42 U.S.C. §1983 and 1988 for various forms of relief,
as alleged in Paragraph 1 of the First Amended Complaint. Officer Haferman denies the remaining
allegation(s) contained in Paragraph 1 of the First Amended Complaint.
2. The allegation(s) contained in Paragraph 2 of the First Amended 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 2 of the First Amended Complaint.
3. The allegation(s) contained in Paragraph 3 of the First Amended Complaint state
legal conclusions to which no response is required. To the extent a response is required, Officer
Haferman denies the allegation(s) contained in Paragraph 3 of the First Amended Complaint.
4. The allegation(s) contained in Paragraph 4 of the First Amended Complaint state
legal conclusions to which no response is required. To the extent a response is required, Officer
Haferman denies the allegation(s) contained in Paragraph 4 of the First Amended Complaint.
5. Officer Haferman admits the allegation(s) contained in Paragraph 5 of the First
Amended Complaint.
II. ANSWER TO PARTIES
6. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 6 of the First Amended Complaint, and,
therefore, denies the same.
7. Officer Haferman denies that he continues to work in law enforcement as alleged
in Paragraph 7 of the First Amended Complaint. Officer Haferman admits the remaining
allegations contained in Paragraph 7 of the First Amended Complaint.
8. Officer Haferman admits that City of Fort Collins is a governmental entity and
municipality, as alleged in Paragraph 8 of the First Amended Complaint. Officer Haferman is
without knowledge or information sufficient to form a belief as to the truth of the remaining
allegation(s) contained in Paragraph 8 of the First Amended Complaint, and, therefore, denies the
same.
9. Officer Haferman admits that City of Fort Collins employed him, supervised him,
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disciplined and trained him as alleged in Paragraph 9 of the First Amended Complaint. Officer
Haferman is without knowledge or information sufficient to form a belief as to the truth of the
remaining allegation(s) contained in Paragraph 9 of the First Amended Complaint, and, therefore,
denies the same.
10. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 10 of the First Amended Complaint, and,
therefore, deny the same.
11. Officer Haferman admits that Sergeant Allen Heaton was his supervisor over some
period of time, as alleged in Paragraph 11 of the First Amended Complaint. Officer Haferman
denies that he wrongfully arrested Plaintiff or anyone else for DUI, as alleged in Paragraph 11 of
the First Amended Complaint. Officer Haferman is without knowledge or information sufficient
to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 11 of the First
Amended Complaint, and, therefore, denies the same.
12. Officer Haferman admits that Corporal Bogosian was a Corporal with the City of
Fort Collins Police Department and was at times Officer Haferman’s supervisor, as alleged in
Paragraph 12 of the First Amended Complaint. Officer Haferman denies that he wrongfully
arrested Plaintiff or anyone else for DUI, as alleged in Paragraph 12 of the First Amended
Complaint. Officer Haferman is without knowledge or information sufficient to form a belief as to
the truth of the remaining allegation(s) contained in Paragraph 12 of the First Amended Complaint,
and, therefore, denies the same.
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III. ANSWER TO STATEMENT OF FACTS
13. Officer Haferman admits the allegation(s) contained in Paragraph 12 of the First
Amended Complaint.
14. Officer Haferman admits he made DUI arrests as part of his employment with Fort
Collins Police Department as alleged in Paragraph 14, including footnote 1, of the First Amended
Complaint. Officer Haferman denies the remaining allegation(s) contained in Paragraph 14,
including footnote 1, of the First Amended 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 First Amended Complaint, and,
therefore, denies the same.
16. Officer Haferman admits he made DUI arrests as part of his employment with Fort
Collins Police Department, as alleged in Paragraph 16 of the First Amended Complaint. Officer
Haferman is without knowledge or information sufficient to form a belief as to the truth of the
remaining allegation(s) contained in Paragraph 16 of the First Amended Complaint, and, therefore,
denies the same.
17. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 17 of the First Amended 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 First Amended Complaint, and,
therefore, denies the same.
19. Officer Haferman denies the allegation(s) contained in Paragraph 19 of the First
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Amended Complaint.
20. Officer Haferman admits that he stopped Jacob Larkin and temporarily detained
him for investigation, as alleged in Paragraph 20 of the First Amended Complaint. Officer
Haferman denies that stopped and harassed Jacob Larkin because Jacob Larkin had prior contacts
with law enfacement, as alleged in Paragraph 20 of the First Amended Complaint. The remaining
allegation(s) contained in Paragraph 20 of the First Amended Complaint refer to the testimony
contained in the transcript for Motion to Suppress Hearing and the Court’s finding during that
hearing and Officer Haferman affirmatively states that the substance of that testimony and
findings, contained in the transcript of that hearing, in its entirety, speaks for itself. Officer
Haferman denies all allegation(s) contained in Paragraph 20 of the First Amended Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
in Paragraph 20 of the First Amended Complaint.
21. The allegation(s) contained in Paragraph 21 of the First Amended Complaint refer
to the testimony contained in the transcript for Motion to Suppress Hearing and the Court’s finding
during that hearing and Officer Haferman affirmatively states that the substance of that testimony
and findings, contained in the transcript of that hearing, in its entirety, speaks for itself. Officer
Haferman denies all allegation(s) contained in Paragraph 21 of the First Amended Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
in Paragraph 21 of the First Amended Complaint.
22. Officer Haferman denies that he engaged in wrongful searches, seizure and arrests
of citizens, as alleged in Paragraph 22, including footnote 2, of the First Amended Complaint.
Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of
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the remaining allegation(s) contained in Paragraph 22, including footnote 2, of the First Amended
Complaint, and, therefore, denies the same.
23. Officer Haferman admits that he received training with respect to administration of
SFSTs (Standardized Field Sobriety Tests), as alleged in Paragraph 23 of the First Amended
Complaint. Officer Haferman denies the remaining allegation(s) contained in Paragraph 23 of the
First Amended Complaint.
24. Officer Haferman denies the allegation(s) contained in Paragraph 24, subsections
(a) through (c), of the First Amended Complaint.
25. Officer Haferman denies the allegation(s) contained in Paragraph 25 of the First
Amended Complaint.
26. Officer Haferman denies the allegation(s) contained in Paragraph 26 of the First
Amended Complaint.
27. Officer Haferman denies the allegation(s) contained in Paragraph 27 of the First
Amended Complaint.
28. Officer Haferman denies the allegation(s) contained in Paragraph 28 of the First
Amended Complaint.
29. Officer Haferman admits the allegation(s) contained in Paragraph 29 of the First
Amended Complaint.
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
First Amended Complaint, and, therefore, denies the same.
31. As to the allegation(s) contained in Paragraph 31, subsections (a) though (g),
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including footnote 3, of the First Amended Complaint, to the extent the allegation(s) refer to the
substance of Officer Haferman’s BWC and reports, Officer Haferman affirmatively states that the
substance of the footage of the BWC and reports in its entirety, speaks for itself. Officer Haferman
denies all allegation(s) contained in Paragraph 31, subsections (a) though (g), including footnote
3, of the First Amended 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 First Amended Complaint.
32. Officer Haferman denies wrongfully arresting innocent people, as alleged in
Paragraph 32 of the First Amended Complaint. Officer Haferman is without knowledge or
information sufficient to form a belief as to the truth of the remaining allegation(s) contained in
Paragraph 32 of the First Amended 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 First Amended Complaint, and,
therefore, denies the same.
34. Officer Haferman denies making wrongful DUI arrests, as alleged in Paragraph 34
of the First Amended Complaint. Officer Haferman is without knowledge or information sufficient
to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 34 of the First
Amended Complaint, and, therefore, denies the same.
35. Officer Haferman denies making any wrongful DUI arrests, as alleged in Paragraph
35 of the First Amended Complaint. Officer Haferman is without knowledge or information
sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 35
of the First Amended Complaint, and, therefore, denies the same.
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36. Officer Haferman denies that he wrongfully arrested C.B. and all remaining
allegation(s) contained in Paragraph 36 of the First Amended Complaint.
37. As to the allegation(s) contained in Paragraph 37, subsections (a) though (p),
including footnote 4, of the First Amended Complaint, to the extent the allegation(s) refer to the
substance of Officer Haferman’s BWC, reports and testimony presented at trial, Officer Haferman
affirmatively states that the substance of the footage of the BWC, reports and testimony presented
at trial in its entirety, speaks for itself. Officer Haferman denies all allegation(s) contained in
Paragraph 37, subsections (a) though (p), including footnote 4, of the First Amended Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
in Paragraph 37, subsections (a) though (p), including footnote 4, of the First Amended Complaint.
38. Officer Haferman denies that he was not supervised by the Fort Collins Police
Department, as alleged in Paragraph 38 of the First Amended Complaint. Officer Haferman is
without knowledge or information sufficient to form a belief as to the truth of the remaining
allegation(s) contained in Paragraph 38 of the First Amended Complaint, and, therefore, denies
the same.
39. Officer Haferman denies that he was not supervised by the Fort Collins Police
Department, as alleged in Paragraph 39 of the First Amended Complaint. Officer Haferman is
without knowledge or information sufficient to form a belief as to the truth of the remaining
allegation(s) contained in Paragraph 39 of the First Amended Complaint, and, therefore, denies
the same.
40. Officer Haferman denies violating the constitutional right of innocent citizens, as
alleged in Paragraph 40 of the First Amended Complaint. 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 40 of the First Amended Complaint, and, therefore, denies the same.
41. Officer Haferman denies the allegation(s) contained in Paragraph 41, subsections
(a) through (c) of the First Amended Complaint.
42. Officer Haferman denies the allegation(s) contained in Paragraph 42 of the First
Amended Complaint.
43. As to the allegation(s) contained in Paragraph 43, subsections (a) though (e), except
subsection (c), of the First Amended Complaint, to the extent the allegation(s) refer to the
substance of Officer Haferman’s BWC footage and reports, Officer Haferman affirmatively states
that the substance of the footage of the BWC and reports, in its entirety, speaks for itself. Officer
Haferman denies all allegation(s) contained in Paragraph 43, subsections (a) though (e), except
subsection (c), of the First Amended Complaint, which are inconsistent therewith. Officer
Haferman is without knowledge or information sufficient to form a belief as to the truth of the
allegation(s) contained in Paragraph 43, subsection (c), of the First Amended 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 First Amended Complaint.
44. As to the allegation(s) contained in Paragraph 44, subsections (a) though (d), except
subsection (c), of the First Amended Complaint, to the extent the allegation(s) refer to the
substance of Officer Haferman’s BWC footage and reports, Officer Haferman affirmatively states
that the substance of the footage of the BWC and reports, in its entirety, speaks for itself. Officer
Haferman denies all allegation(s) contained in Paragraph 44, subsections (a) though (d), except
subsection (c), of the First Amended Complaint, which are inconsistent therewith. Officer
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Haferman is without knowledge or information sufficient to form a belief as to the truth of the
allegation(s) contained in Paragraph 44, subsection (c), of the First Amended 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 First Amended Complaint.
45. As to the allegation(s) contained in Paragraph 45, subsections (a) though (e), except
subsection (d), of the First Amended Complaint, to the extent the allegation(s) refer to the
substance of Officer Haferman’s BWC footage and reports, Officer Haferman affirmatively states
that the substance of the footage of the BWC and reports, in its entirety, speaks for itself. Officer
Haferman denies all allegation(s) contained in Paragraph 45, subsections (a) though (e), except
subsection (d), of the First Amended Complaint, which are inconsistent therewith. Officer
Haferman is without knowledge or information sufficient to form a belief as to the truth of the
allegation(s) contained in Paragraph 45, subsection (d), of the First Amended 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 First Amended Complaint.
46. As to the allegation(s) contained in Paragraph 46, subsections (a) though (h), except
subsection (h), of the First Amended Complaint, to the extent the allegation(s) refer to the
substance of Officer Haferman’s BWC footage and reports, Officer Haferman affirmatively states
that the substance of the footage of the BWC and reports, in its entirety, speaks for itself. Officer
Haferman denies all allegation(s) contained in Paragraph 46, subsections (a) though (h), except
subsection (h), of the First Amended Complaint, which are inconsistent therewith. Officer
Haferman is without knowledge or information sufficient to form a belief as to the truth of the
allegation(s) contained in Paragraph 46, subsection (h), of the First Amended Complaint, and,
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therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained in
Paragraph 46, subsections (a) though (h), except subsection (h), of the First Amended Complaint.
47. Officer Haferman denies the allegation(s) contained in Paragraph 47 of the First
Amended Complaint.
48. Officer Haferman denies the allegation(s) contained in Paragraph 48 of the First
Amended Complaint, including making wrongful DUI arrests.
49. Officer Haferman denies the allegation(s) contained in Paragraph 49 of the First
Amended Complaint, including making wrongful DUI arrests.
50. Officer Haferman denies the allegation(s) contained in Paragraph 50 of the First
Amended Complaint, including making wrongful DUI arrests.
ANSWER TO HAFERMAN’S WRONGFUL ARREST OF PLAINTIFF JESSE
CUNNINGHAM
51. Officer Haferman denies the allegation(s) contained in Paragraph 51 of the First
Amended Complaint, including making wrongful DUI arrest of Plaintiff.
52. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 52, including the family photograph, of
the First Amended Complaint, and, therefore, denies the same.
53. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 53 of the First Amended Complaint, and,
therefore, denies the same.
54. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 54 of the First Amended Complaint, and,
therefore, denies the same.
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55. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 55 of the First Amended Complaint, and,
therefore, denies the same.
56. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 56 of the First Amended Complaint, and,
therefore, denies the same.
57. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 57 of the First Amended Complaint, and,
therefore, denies the same.
58. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 58 of the First Amended 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 First Amended Complaint, and,
therefore, denies the same.
60. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 60 of the First Amended Complaint, and,
therefore, denies the same.
61. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 61 of the First Amended Complaint, and,
therefore, denies the same.
62. 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 62 of the First Amended Complaint, and,
therefore, denies the same.
63. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 63 of the First Amended Complaint, and,
therefore, denies the same.
64. Officer Haferman admits the allegation(s) contained in Paragraph 64 of the First
Amended Complaint.
65. As to the allegation(s) contained in Paragraph 65, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC 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 First Amended
Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s)
contained Paragraph 65 of the First Amended Complaint.
66. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 66 of the First Amended Complaint, and,
therefore, denies the same.
67. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 67 of the First Amended Complaint, and,
therefore, denies the same.
68. Officer Haferman denies the allegation(s) contained in Paragraph 68 of the First
Amended Complaint.
69. As to the allegation(s) contained in Paragraph 69, to the extent the allegation(s)
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refer to the substance of Officer Haferman’s BWC and reports, Officer Haferman affirmatively
states that the substance of the footage of the BWC and reports in its entirety, speaks for itself.
Officer Haferman denies all allegation(s) contained in Paragraph 69 of the First Amended
Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s)
contained Paragraph 69 of the First Amended Complaint.
70. As to the allegation(s) contained in Paragraph 70, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC and reports, Officer Haferman affirmatively
states that the substance of the footage of the BWC and reports in its entirety, speaks for itself.
Officer Haferman denies all allegation(s) contained in Paragraph 70 of the First Amended
Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s)
contained Paragraph 70 of the First Amended Complaint.
71. As to the allegation(s) contained in Paragraph 71, including footnote 5, to the extent
the allegation(s) refer to the substance of Officer Haferman’s BWC and reports, Officer Haferman
affirmatively states that the substance of the footage of the BWC and reports in its entirety, speaks
for itself. Officer Haferman denies all allegation(s) contained in Paragraph 71, including footnote
5, of the First Amended Complaint which are inconsistent therewith. Officer Haferman denies the
remaining allegation(s) contained Paragraph 71, including footnote 5, of the First Amended
Complaint.
72. Officer Haferman denies the allegation(s) contained in Paragraph 72 of the First
Amended Complaint.
73. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 73 of the First Amended Complaint, and,
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therefore, denies the same.
74. As to the allegation(s) contained in Paragraph 74, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC and reports, Officer Haferman affirmatively
states that the substance of the footage of the BWC and reports in its entirety, speaks for itself.
Officer Haferman denies all allegation(s) contained in Paragraph 74 of the First Amended
Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s)
contained Paragraph 74 of the First Amended Complaint.
75. Officer Haferman denies the allegation(s) contained in Paragraph 75 of the First
Amended Complaint.
76. Officer Haferman denies the allegation(s) contained in Paragraph 76 of the First
Amended Complaint.
77. As to the allegation(s) contained in Paragraph 77, to the extent the allegation(s)
refer to the substance of Officer Haferman’s reports, Officer Haferman affirmatively states that
the substance of the reports in its entirety, speaks for itself. Officer Haferman denies all
allegation(s) contained in Paragraph 77 of the First Amended Complaint which are inconsistent
therewith. Officer Haferman denies the remaining allegation(s) contained Paragraph 77 of the First
Amended Complaint.
78. As to the allegation(s) contained in Paragraph 78, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC 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 First Amended
Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s)
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contained Paragraph 78 of the First Amended Complaint.
79. As to the allegation(s) contained in Paragraph 79, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC 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 First Amended
Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s)
contained Paragraph 79 of the First Amended Complaint.
80. As to the allegation(s) contained in Paragraph 80, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC 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 First Amended
Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s)
contained Paragraph 80 of the First Amended Complaint.
81. Officer Haferman admits that Plaintiff agreed to complete a blood test as contained
in Paragraph 81 of the First Amended Complaint. Officer Haferman is without knowledge or
information sufficient to form a belief as to the truth of the remaining allegation(s) contained in
Paragraph 81 of the First Amended Complaint, and, therefore, denies the same.
82. As to the allegation(s) contained in Paragraph 82, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC and reports, Officer Haferman affirmatively
states that the substance of the footage of the BWC and reports in its entirety, speaks for itself.
Officer Haferman denies all allegation(s) contained in Paragraph 82 of the First Amended
Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s)
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contained Paragraph 82 of the First Amended Complaint.
83. As to the allegation(s) contained in Paragraph 83, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC 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 First Amended
Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s)
contained Paragraph 83 of the First Amended Complaint.
84. As to the allegation(s) contained in Paragraph 84, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC and reports, Officer Haferman affirmatively
states that the substance of the footage of the BWC and reports in its entirety, speaks for itself.
Officer Haferman denies all allegation(s) contained in Paragraph 84 of the First Amended
Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s)
contained Paragraph 84 of the First Amended Complaint.
85. As to the allegation(s) contained in Paragraph 85, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC 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 First Amended
Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s)
contained Paragraph 85 of the First Amended Complaint.
86. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 86 of the First Amended Complaint, and,
therefore, denies the same.
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87. Officer Haferman admits the allegation(s) contained in Paragraph 87 of the First
Amended Complaint.
88. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 88 of the First Amended Complaint, and,
therefore, denies the same.
89. Officer Haferman denies the allegation(s) contained in Paragraph 89 of the First
Amended Complaint.
90. Officer Haferman admits he called a referral to Nebraska CPS as contained in
Paragraph 90 of the First Amended Complaint. Officer Haferman is without knowledge or
information sufficient to form a belief as to the truth of the remaining allegation(s) contained in
Paragraph 90 of the First Amended Complaint, and, therefore, denies the same.
91. Officer Haferman denies the allegation(s) contained in Paragraph 91 of the First
Amended Complaint.
92. As to the allegation(s) contained in Paragraph 92, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC and reports, Officer Haferman affirmatively
states that the substance of the footage of the BWC and reports in its entirety, speaks for itself.
Officer Haferman denies all allegation(s) contained in Paragraph 92 of the First Amended
Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s)
contained Paragraph 92 of the First Amended Complaint.
93. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 93 of the First Amended Complaint, and,
therefore, denies the same.
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94. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 94 of the First Amended Complaint, and,
therefore, denies the same.
95. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 95 of the First Amended Complaint, and,
therefore, denies the same.
96. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 96 of the First Amended Complaint, and,
therefore, denies the same.
97. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 97 of the First Amended Complaint, and,
therefore, denies the same.
98. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 98 of the First Amended Complaint, and,
therefore, denies the same.
99. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 99 of the First Amended Complaint, and,
therefore, denies the same.
100. Officer Haferman denies the allegation(s) contained in Paragraph 100 of the First
Amended Complaint.
101. Officer Haferman denies the allegation(s) contained in Paragraph 101 of the First
Amended Complaint.
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102. Officer Haferman denies the allegation(s) contained in Paragraph 102 of the First
Amended Complaint.
103. Officer Haferman denies the allegation(s) contained in Paragraph 103 of the First
Amended Complaint.
104. Officer Haferman denies wrongfully arresting Plaintiff, as alleged in Paragraph 104
of the First Amended Complaint. Officer Haferman is without knowledge or information sufficient
to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 104 of the
First Amended Complaint, and, therefore, denies the same.
ANSWER TO HAFERMAN CARRIES ON
105. Officer Haferman denies wrongfully arresting Plaintiff, as alleged in Paragraph 105
of the First Amended Complaint. Officer Haferman is without knowledge or information sufficient
to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 1 05 of the
First Amended Complaint, and, therefore, denies the same.
106. As to the allegation(s) contained in Paragraph 106, subsections (a) though (l),
except subsections (a) and (j), of the First Amended Complaint, to the extent the allegation(s) refer
to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman affirmatively
states that the substance of the footage of the BWC and reports, in its entirety, speaks for itself.
Officer Haferman denies all allegation(s) contained in Paragraph 106, subsections (a) though (l),
except subsections (a) and (j), of the First Amended Complaint which are inconsistent therewith.
Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of
the allegation(s) contained in Paragraph 106, subsections (a) and (j), of the First Amended
Complaint, and, therefore, denies the same. Officer Haferman denies the remaining allegation(s)
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contained Paragraph 106, subsections (a) though (l), except subsections (a) and (j), of the First
Amended Complaint.
107. As to the allegation(s) contained in Paragraph 107, subsections (a) though (f),
except subsection (d), of the First Amended Complaint, to the extent the allegation(s) refer to the
substance of Officer Haferman’s BWC footage and reports, Officer Haferman affirmatively states
that the substance of the footage of the BWC and reports, in its entirety, speaks for itself. Officer
Haferman denies all allegation(s) contained in Paragraph 107, subsections (a) though (f), except
subsection (d), of the First Amended Complaint which are inconsistent therewith. Officer
Haferman is without knowledge or information sufficient to form a belief as to the truth of the
allegation(s) contained in Paragraph 107, subsection (d), of the First Amended Complaint, and,
therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained
Paragraph 107, subsections (a) though (f), except subsection (d), of the First Amended Complaint.
108. As to the allegation(s) contained in Paragraph 108, subsections (a) though (f),
except subsection (e), of the First Amended Complaint, to the extent the allegation(s) refer to the
substance of Officer Haferman’s BWC footage and reports, Officer Haferman affirmatively states
that the substance of the footage of the BWC and reports, in its entirety, speaks for itself. Officer
Haferman denies all allegation(s) contained in Paragraph 108, subsections (a) though (f), except
subsection (e), of the First Amended Complaint which are inconsistent therewith. Officer
Haferman is without knowledge or information sufficient to form a belief as to the truth of the
allegation(s) contained in Paragraph 108, subsection (e), of the First Amended Complaint, and,
therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained
Paragraph 108, subsections (a) though (f), except subsection (e), of the First Amended Complaint.
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109. As to the allegation(s) contained in Paragraph 109, subsections (a) though (g),
except subsection (f), of the First Amended Complaint, to the extent the allegation(s) refer to the
substance of Officer Haferman’s BWC footage and reports, Officer Haferman affirmatively states
that the substance of the footage of the BWC and reports, in its entirety, speaks for itself. Officer
Haferman denies all allegation(s) contained in Paragraph 109, subsections (a) though (g), except
subsection (f), of the First Amended Complaint which are inconsistent therewith. Officer
Haferman is without knowledge or information sufficient to form a belief as to the truth of the
allegation(s) contained in Paragraph 109, subsection (f), of the First Amended Complaint, and,
therefore, denies the same. Officer Haferman denies that he lied and exaggerated in his report, as
alleged in Paragraph 109, subsection (f), of the First Amended Complaint. Officer Haferman
denies the remaining allegation(s) contained Paragraph 109, subsections (a) though (g), except
subsection (f), of the First Amended Complaint.
110. As to the allegation(s) contained in Paragraph 110, subsections (a) though (f),
except subsection (e), of the First Amended Complaint, to the extent the allegation(s) refer to the
substance of Officer Haferman’s BWC footage and reports, Officer Haferman affirmatively states
that the substance of the footage of the BWC and reports, in its entirety, speaks for itself. Officer
Haferman denies all allegation(s) contained in Paragraph 110, subsections (a) though (f), except
subsection (e), of the First Amended Complaint which are inconsistent therewith. Officer
Haferman is without knowledge or information sufficient to form a belief as to the truth of the
allegation(s) contained in Paragraph 110, subsection (e), of the First Amended Complaint, and,
therefore, denies the same. Officer Haferman denies the remaining allegation(s) contained
Paragraph 110, subsections (a) though (f), except subsection (e), of the First Amended Complaint.
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111. Officer Haferman admits that Harris Elias is suing Officer Haferman in a separate
civil case as contained in Paragraph 111 of the First Amended Complaint. Officer Haferman denies
the remaining allegation(s) contained in Paragraph 111 of the First Amended Complaint.
112. As to the allegation(s) contained in Paragraph 112, subsections (a) though (e)
except subsection (c), of the First Amended Complaint, to the extent the allegation(s) refer to the
substance of Officer Haferman’s BWC and reports, Officer Haferman affirmatively states that the
substance of the footage of the BWC and reports in its entirety, speaks for itself. Officer Haferman
denies all allegation(s) contained in Paragraph 112, subsections (a) though (e) except subsection
(c), of the First Amended Complaint which are inconsistent therewith. Officer Haferman is without
knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained
in Paragraph 112, subsection (c), of the First Amended Complaint, and, therefore, denies the same.
Officer Haferman denies the remaining allegation(s) contained Paragraph 112, subsections (a)
though (e) except subsection (c), of the First Amended Complaint.
113. As to the allegation(s) contained in Paragraph 113, subsections (a) though (d)
except subsection (e), of the First Amended Complaint, to the extent the allegation(s) refer to the
substance of Officer Haferman’s BWC and reports, Officer Haferman affirmatively states that the
substance of the footage of the BWC and reports in its entirety, speaks for itself. Officer Haferman
denies all allegation(s) contained in Paragraph 113, subsections (a) though (d) except subsection
(e), of the First Amended Complaint which are inconsistent therewith. Officer Haferman is without
knowledge or information sufficient to form a belief as to the truth of the allegation(s) contained
in Paragraph 113, subsection (e), of the First Amended Complaint, and, therefore, denies the same.
Officer Haferman denies the remaining allegation(s) contained Paragraph 113, subsections (a)
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though (d) except subsection (e) of the First Amended Complaint.
114. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 114 of the First Amended Complaint,
pertaining to why the charges against Mr. Groves were dismissed, and, therefore, denies the same.
As to the remaining allegation(s) contained in Paragraph 114, to the extent the allegation(s) refer
to the substance of Officer Haferman’s BWC and reports, Officer Haferman affirmatively states
that the substance of the footage of the BWC and reports in its entirety, speaks for itself. Officer
Haferman denies all allegation(s) contained in Paragraph 114 of the First Amended Complaint
which are inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained
Paragraph 114 of the First Amended Complaint.
115. As to the allegation(s) contained in Paragraph 115, subsections (a) through (d), of
the First Amended Complaint, to the extent the allegation(s) refer to the substance of a hearing at
DMV on May 26, 2022, Officer Haferman affirmatively states that the substance of the hearing
depicted in the hearing transcript in its entirety, speaks for itself. Officer Haferman denies all
allegation(s) contained in Paragraph 115, subsections (a) through (d), of the First Amended
Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s)
contained Paragraph 115, subsections (a) through (d), of the First Amended Complaint.
ANSWER TO THE ACCESSIBLE DATA IS INCOMPLETE.
116. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 116 of the First Amended Complaint,
and, therefore, denies the same.
117. Officer Haferman denies arresting and wrongfully charging citizens with
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DUI/DWAI as alleged in Paragraph 117, subsections (a) through (e), of the First Amended
Complaint. Officer Haferman is without knowledge or information sufficient to form a belief as
to the truth of the remaining allegation(s) contained in Paragraph 117, subsections (a) through (e),
of the First Amended Complaint, and, therefore, denies the same.
118. Officer Haferman denies wrongful DUI arrest activity as alleged in Paragraph 118,
of the First Amended Complaint. Officer Haferman is without knowledge or information
sufficient to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 118,
of the First Amended Complaint, and, therefore, denies the same.
ANSWER TO MEDIA COVERAGE PROMPTS FCPS TO LIE, SCRAMBLE,
AND GAS-LIGHT THE PUBLIC.
119. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 119 of the First Amended Complaint,
and, therefore, denies the same.
120. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 120 of the First Amended Complaint,
and, therefore, denies the same.
121. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 121 of the First Amended Complaint,
and, therefore, denies the same.
122. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 122 of the First Amended Complaint,
and, therefore, denies the same.
123. 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 123 of the First Amended Complaint,
and, therefore, denies the same.
124. As to the allegation(s) contained in Paragraph 124, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the BWC footage and reports in its entirety, speaks for
itself. Officer Haferman denies all allegation(s) contained in Paragraph 124 of the First Amended
Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s)
contained Paragraph 124 of the First Amended Complaint.
125. As to the allegation(s) contained in Paragraph 125, to the extent the allegation(s)
refer to the substance of Officer Haferman’s BWC footage and reports, Officer Haferman
affirmatively states that the substance of the BWC footage and reports in its entirety, speaks for
itself. Officer Haferman denies all allegation(s) contained in Paragraph 125 of the First Amended
Complaint which are inconsistent therewith. Officer Haferman denies the remaining allegation(s)
contained Paragraph 125 of the First Amended Complaint.
126. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 126 of the First Amended Complaint,
and, therefore, denies the same.
127. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 127, subsections (a) through (b), of the
First Amended Complaint, and, therefore, denies the same.
128. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 128 of the First Amended Complaint,
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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 First Amended 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 First Amended 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 First Amended 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 First Amended 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 First Amended 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 First Amended Complaint,
and, therefore, denies the same.
135. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 135 of the First Amended Complaint,
and, therefore, denies the same.
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136. Officer Haferman denies having a pattern of making many wrongful DUI arrests of
citizens as alleged in Paragraph 136 of the First Amended Complaint. Officer Haferman is without
knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s)
contained in Paragraph 136 of the First Amended 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 First Amended Complaint,
and, therefore, denies the same.
138. Officer Haferman denies having a pattern of making many wrongful DUI arrests of
citizens as alleged in Paragraph 138 of the First Amended Complaint. Officer Haferman is without
knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s)
contained in Paragraph 138 of the First Amended 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 First Amended Complaint,
and, therefore, denies the same.
140. Officer Haferman denies having a pattern of making many wrongful DUI arrests of
citizens as alleged in Paragraph 140 of the First Amended Complaint. Officer Haferman is without
knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s)
contained in Paragraph 185 of the First Amended 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 First Amended Complaint,
and, therefore, denies the same.
142. Officer Haferman denies having a pattern of making many wrongful DUI arrests of
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citizens as alleged in Paragraph 142, subsections (a) through (d), of the First Amended Complaint.
Officer Haferman is without knowledge or information sufficient to form a belief as to the truth of
the remaining allegation(s) contained in Paragraph 142, subsections (a) though (d), of the First
Amended Complaint, and, therefore, denies the same.
143. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 143 of the First Amended Complaint,
and, therefore, denies the same.
144. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the remaining allegation(s) contained in Paragraph 144, subsections (a) though
(d), of the First Amended 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 First Amended 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 First Amended 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 First Amended Complaint,
and, therefore, denies the same.
148. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 148, subsection (b) and footnote 6, of the
First Amended Complaint, and, therefore, denies the same.
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149. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 149, subsection (a) though (b), of the
First Amended Complaint, and, therefore, denies the same.
150. Officer Haferman denies committing constitutional violations as alleged in
Paragraph 150 of the First Amended Complaint. Officer Haferman is without knowledge or
information sufficient to form a belief as to the truth of the remaining allegation(s) contained in
Paragraph 150 of the First Amended 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 First Amended Complaint,
and, therefore, denies the same.
152. Officer Haferman denies having a pattern of making many wrongful DUI arrests of
citizens as alleged in Paragraph 152 of the First Amended Complaint. Officer Haferman is without
knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s)
contained in Paragraph 152 of the First Amended 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 First Amended Complaint,
and, therefore, denies the same.
154. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 154 of the First Amended Complaint,
and, therefore, denies the same.
155. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 155, subsections (a) through (c), of the
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First Amended Complaint, and, therefore, denies the same.
156. As to the allegation(s) contained in Paragraph 156, subsections (a)(i)-(ii) through
(e), of the First Amended Complaint, to the extent the allegation(s) refer to the substance of IA
investigation into Officer Haferman or substance of any recorded interviews by Officer Haferman,
Officer Haferman affirmatively states that the substance of IA investigation into Officer Haferman
or substance of any recorded interviews by Officer Haferman in its entirety, speaks for itself.
Officer Haferman denies all allegation(s) contained in Paragraph 156, subsections (a)(i)-(ii)
through (e), of the First Amended Complaint which are inconsistent therewith. Officer Haferman
denies the remaining allegation(s) contained in Paragraph 156, subsections (a)(i)-(iii) through (e),
of the First Amended Complaint.
157. As to the allegation(s) contained in Paragraph 157, of the First Amended
Complaint, to the extent the allegation(s) refer to the substance of IA investigation into Officer
Haferman or substance of any recorded interviews by Officer Haferman, Officer Haferman
affirmatively states that the substance of IA investigation into Officer Haferman or substance of
any recorded interviews by Officer Haferman in its entirety, speaks for itself. Officer Haferman
denies all allegation(s) contained in Paragraph 157, of the First Amended Complaint which are
inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in
Paragraph 157, of the First Amended Complaint.
158. Officer Haferman denies the allegation(s) contained in Paragraph 158 of the First
Amended Complaint.
159. Officer Haferman denies the allegation(s) contained in Paragraph 159 of the First
Amended Complaint.
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160. As to the allegation(s) contained in Paragraph 160, of the First Amended
Complaint, to the extent the allegation(s) refer to the substance of IA investigation into Officer
Haferman or substance of any recorded interviews by Officer Haferman, Officer Haferman
affirmatively states that the substance of IA investigation into Officer Haferman or substance of
any recorded interviews by Officer Haferman in its entirety, speaks for itself. Officer Haferman
denies all allegation(s) contained in Paragraph 160, of the First Amended Complaint which are
inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in
Paragraph 160, of the First Amended Complaint.
161. Officer Haferman denies allegation(s) of misconduct as contained in Paragraph 161
of the First Amended Complaint. Officer Haferman is without knowledge or information sufficient
to form a belief as to the truth of the remaining allegation(s) contained in Paragraph 161 of the
First Amended Complaint, and, therefore, denies the same.
162. As to the allegation(s) contained in Paragraph 162, of the First Amended
Complaint, to the extent the allegation(s) refer to the substance of IA investigation into Officer
Haferman or substance of any recorded interviews by Officer Haferman, Officer Haferman
affirmatively states that the substance of IA investigation into Officer Haferman or substance of
any recorded interviews by Officer Haferman in its entirety, speaks for itself. Officer Haferman
denies all allegation(s) contained in Paragraph 162, of the First Amended Complaint which are
inconsistent therewith. Officer Haferman denies the remaining allegation(s) contained in
Paragraph 162, of the First Amended Complaint.
163. Officer Haferman denies having a pattern of making many wrongful DUI arrests of
citizens as alleged in Paragraph 163 of the First Amended Complaint. Officer Haferman is without
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knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s)
contained in Paragraph 163 of the First Amended Complaint, and, therefore, denies the same.
164. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 164 of the First Amended Complaint,
and, therefore, denies the same.
165. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 165 of the First Amended Complaint,
and, therefore, denies the same.
166. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 166 of the First Amended Complaint,
and, therefore, denies the same.
167. Officer Haferman denies having a pattern of making many wrongful DUI arrests of
citizens, lying on reports, doing roadsides incorrectly as alleged in Paragraph 167 of the First
Amended Complaint. Officer Haferman is without knowledge or information sufficient to form a
belief as to the truth of the remaining allegation(s) contained in Paragraph 167 of the First
Amended Complaint, and, therefore, denies the same.
168. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 168 of the First Amended Complaint,
and, therefore, denies the same.
169. Officer Haferman denies having a pattern of making many wrongful DUI arrests of
citizens as alleged in Paragraph 169 of the First Amended Complaint. Officer Haferman is without
knowledge or information sufficient to form a belief as to the truth of the remaining allegation(s)
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contained in Paragraph 169 of the First Amended 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 First Amended 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 First Amended Complaint,
and, therefore, denies the same.
ANSWER TO STATEMENT OF CLAIMS FOR RELIEF
ANSWER TO FIRST CLAIM FOR RELIEF
Section 13-21-131, C.R.S. – Arrest Without Probable Cause
Violation of Colorado Constitution, Article II, Section 7
(against Defendant Haferman)
172. Officer Haferman incorporates the responses in Paragraphs 1 through 171 above as
if fully set forth herein.
173. The allegation(s) contained in Paragraph 173 of the First Amended Complaint state
legal conclusions to which no response is required. To the extent a response is required, Officer
Haferman denies the allegation(s) contained in Paragraph 173 of the First Amended Complaint.
174. The allegation(s) contained in Paragraph 174 of the First Amended Complaint state
legal conclusions to which no response is required. To the extent a response is required, Officer
Haferman denies the allegation(s) contained in Paragraph 174 of the First Amended Complaint.
175. Officer Haferman admits that at the time of this incident he was a police officer
employed by the City of Fort Collins and its Police Department as alleged in Paragraph 175 of the
First Amended Complaint. Officer Haferman denies the remaining allegation(s) contained in
Paragraph 175 of the First Amended Complaint.
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176. Officer Haferman denies the allegation(s) contained in Paragraph 176 of the First
Amended Complaint.
177. Officer Haferman denies the allegation(s) contained in Paragraph 177 of the First
Amended Complaint.
178. Officer Haferman admits the allegation(s) contained in Paragraph 178 of the First
Amended Complaint.
179. Officer Haferman denies the allegation(s) contained in Paragraph 179 of the First
Amended Complaint.
180. Officer Haferman denies the allegation(s) contained in Paragraph 180 of the First
Amended Complaint.
181. Officer Haferman denies the allegation(s) contained in Paragraph 181 of the First
Amended Complaint.
182. Officer Haferman denies the allegation(s) contained in Paragraph 182 of the First
Amended Complaint.
183. Officer Haferman denies the allegation(s) contained in Paragraph 183 of the First
Amended Complaint.
ANSWER TO SECOND CLAIM FOR RELIEF
42 U.S.C. §1983 – Unlawful Arrest Without Probable Cause – Individual, Failure-to-
Supervise/Train, Unconstitutional Pattern/Practice under Monell
Violation of Fourth Amendment, Due Process
(against Defendants Haferman, Sergeant Heaton, Corporal Bogosian and Fort Collins)
184. Officer Haferman incorporates the responses in Paragraphs 1 through 183 above as
if fully set forth herein.
185. The allegation(s) contained in Paragraph 185 of the First Amended Complaint state
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legal conclusions to which no response is required. To the extent a response is required, Officer
Haferman denies the allegation(s) contained in Paragraph 185 of the First Amended Complaint.
186. Officer Haferman denies the allegation(s) contained in Paragraph 186 of the First
Amended Complaint.
187. Officer Haferman denies the allegation(s) contained in Paragraph 187 of the First
Amended Complaint.
188. Officer Haferman denies the allegation(s) contained in Paragraph 188 of the First
Amended Complaint.
189. Officer Haferman denies the allegation(s) contained in Paragraph 189 of the First
Amended Complaint.
190. Officer Haferman denies the allegation(s) contained in Paragraph 190 of the First
Amended Complaint.
ANSWER TO SERGEANT HEATON
191. The allegation(s) contained in Paragraph 191 of the First Amended Complaint
pertain to Defendant Heaton and/or claims against Defendant Heaton, and, therefore, no response
by Officer Haferman is required at this time. To the extent a response is required, Officer Haferman
denies the allegation(s) contained in Paragraph 191 of the First Amended Complaint.
192. The allegation(s) contained in Paragraph 192 of the First Amended Complaint
pertain to Defendant Heaton and/or claims against Defendant Heaton, and, therefore, no response
by Officer Haferman is required at this time. To the extent a response is required, Officer Haferman
denies the allegation(s) contained in Paragraph 192 of the First Amended Complaint.
193. Officer Haferman denies wrongfully arresting people and charging them with DUI
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as alleged in Paragraph 193 of the First Amended Complaint. The remaining allegation(s)
contained in Paragraph 193 of the First Amended Complaint pertain to Defendant Heaton and/or
claims against Defendant Heaton, and, therefore, no response by Officer Haferman is required at
this time. To the extent a response is required, Officer Haferman denies the allegation(s) contained
in Paragraph 193 of the First Amended Complaint.
194. Officer Haferman denies wrongfully arresting people, charging them with DUI,
lying on his reports, falsifying impairment indicators, administering roadsides incorrectly, and
regularly tampering with or otherwise muting/disabling his bodywork camera, as alleged in
Paragraph 194 of the First Amended Complaint. The remaining allegation(s) contained in
Paragraph 194 of the First Amended Complaint pertain to Defendant Heaton and/or claims against
Defendant Heaton, and, therefore, no response by Officer Haferman is required at this time. To the
extent a response is required, Officer Haferman denies the allegation(s) contained in Paragraph
194 of the First Amended Complaint.
195. Officer Haferman denies wrongfully arresting people, charging them with DUI or
having such pattern or practice as alleged in Paragraph 195 of the First Amended Complaint. The
remaining allegation(s) contained in Paragraph 195 of the First Amended Complaint pertain to
Defendant Heaton and/or claims against Defendant Heaton, and, therefore, no response by Officer
Haferman is required at this time. To the extent a response is required, Officer Haferman denies
the allegation(s) contained in Paragraph 195 of the First Amended Complaint.
196. Officer Haferman denies wrongfully arresting people and charging them with DUI
as alleged in Paragraph 196 of the First Amended Complaint. The remaining allegation(s)
contained in Paragraph 196 of the First Amended Complaint pertain to Defendant Heaton and/or
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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 196 of the First Amended Complaint.
ANSWER TO CORPORAL BOGOSIAN
197. The allegation(s) contained in Paragraph 197 of the First Amended Complaint
pertain to Defendant Corporal Bogosian and/or claims against Defendant Corporal Bogosian, and,
therefore, no response by Officer Haferman is required at this time. To the extent a response is
required, Officer Haferman denies the allegation(s) contained in Paragraph 197 of the First
Amended Complaint.
198. The allegation(s) contained in Paragraph 198 of the First Amended Complaint
pertain to Defendant Corporal Bogosian and/or claims against Defendant Corporal Bogosian, and,
therefore, no response by Officer Haferman is required at this time. To the extent a response is
required, Officer Haferman denies the allegation(s) contained in Paragraph 198 of the First
Amended Complaint.
199. Officer Haferman denies wrongfully arresting people, charging them with DUI,
lying on his reports, falsifying impairment indicators, administering roadsides incorrectly, and
regularly tampering with or otherwise muting/disabling his bodywork camera, as all eged in
Paragraph 199 of the First Amended Complaint. The remaining allegation(s) contained in
Paragraph 199 of the First Amended Complaint pertain to Defendant Corporal Bogosian and/or
claims against Defendant Corporal Bogosian, and, therefore, no response by Officer Haferman is
required at this time. To the extent a response is required, Officer Haferman denies the allegation(s)
contained in Paragraph 199 of the First Amended Complaint.
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200. Officer Haferman denies wrongfully arresting people and charging them with DUI,
as alleged in Paragraph 200 of the First Amended Complaint. The remaining allegation(s)
contained in Paragraph 200 of the First Amended Complaint pertain to Defendant Corporal
Bogosian and/or claims against Defendant Corporal Bogosian, 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 200 of the First Amended Complaint.
201. Officer Haferman denies wrongfully arresting people and charging them with DUI,
as alleged in Paragraph 246 of the First Amended Complaint. The remaining allegation(s)
contained in Paragraph 201 of the First Amended Complaint pertain to Defendant Corporal
Bogosian and/or claims against Defendant Corporal Bogosian, and, therefore, no response by
Officer Haferman is required at this time. To the extent a response is required, Officer Haferman
denies the allegation(s) contained in Paragraph 201 of the First Amended Complaint
ANSWER TO CITY OF FORT COLLINS
202. The allegation(s) contained in Paragraph 202 of the First Amended Complaint
pertain to Defendant the City of Fort Collins and/or claims against Defendant the City of Fort
Collins, and, therefore, no response by Officer Haferman is required at this time. To the extent a
response is required, Officer Haferman denies the allegation(s) contained in Paragraph 202 of the
First Amended Complaint.
203. The allegation(s) contained in Paragraph 203 of the First Amended Complaint
pertain to Defendant the City of Fort Collins and/or claims against Defendant the City of Fort
Collins, and, therefore, no response by Officer Haferman is required at this time. To the extent a
response is required, Officer Haferman denies the allegation(s) contained in Paragraph 203 of the
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First Amended Complaint.
204. The allegation(s) contained in Paragraph 204 of the First Amended Complaint
pertain to Defendant the City of Fort Collins and/or claims against Defendant the City of Fort
Collins, and, therefore, no response by Officer Haferman is required at this time. To the extent a
response is required, Officer Haferman denies the allegation(s) contained in Paragraph 204 of the
First Amended Complaint.
205. Officer Haferman denies wrongfully arresting people and charging them with DUI,
as alleged in Paragraph 205 of the First Amended Complaint. The remaining allegation(s)
contained in Paragraph 205 of the First Amended Complaint pertain to Defendant the City of Fort
Collins and/or claims against Defendant the City of Fort, and, therefore, no response by Officer
Haferman is required at this time. To the extent a response is required, Officer Haferman denies
the allegation(s) contained in Paragraph 205 of the First Amended Complaint
206. The allegation(s) contained in Paragraph 206 of the First Amended Complaint
pertain to Defendant the City of Fort Collins and/or claims against Defendant the City of Fort
Collins, and, therefore, no response by Officer Haferman is required at this time. To the extent a
response is required, Officer Haferman denies the allegation(s) contained in Paragraph 206 of the
First Amended Complaint.
207. The allegation(s) contained in Paragraph 207 of the First Amended Complaint
pertain to Defendant the City of Fort Collins and/or claims against Defendant the City of Fort
Collins, and, therefore, no response by Officer Haferman is required at this time. To the extent a
response is required, Officer Haferman denies the allegation(s) contained in Paragraph 207 of the
First Amended Complaint.
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208. The allegation(s) contained in Paragraph 208 of the First Amended Complaint
pertain to Defendant the City of Fort Collins and/or claims against Defendant the City of Fort
Collins, and, therefore, no response by Officer Haferman is required at this time. To the extent a
response is required, Officer Haferman denies the allegation(s) contained in Paragraph 208 of the
First Amended Complaint.
209. The allegation(s) contained in Paragraph 209 of the First Amended Complaint
pertain to Defendant the City of Fort Collins and/or claims against Defendant the City of Fort
Collins, and, therefore, no response by Officer Haferman is required at this time. To the extent a
response is required, Officer Haferman denies the allegation(s) contained in Paragraph 209 of the
First Amended Complaint.
210. The allegation(s) contained in Paragraph 210 of the First Amended Complaint
pertain to Defendant the City of Fort Collins and/or claims against Defendant the City of Fort
Collins, and, therefore, no response by Officer Haferman is required at this time. To the extent a
response is required, Officer Haferman denies the allegation(s) contained in Paragraph 210 of the
First Amended Complaint.
ANSWER TO THIRD CLAIM FOR RELIEF
Section 13-21-131, C.R.S. – Violation of Due Process
Malicious Prosecution
Violation of Colorado Constitution, Article II, Section 25
(against Defendant Haferman)
211. Officer Haferman incorporates the responses in Paragraphs 1 through 210 above as
if fully set forth herein.
212. Officer Haferman admits that at the time of this incident he was a police officer
employed by the City of Fort Collins and its Police Department as alleged in Paragraph 212 of the
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First Amended Complaint. Officer Haferman denies the remaining allegation(s) contained in
Paragraph 212 of the First Amended Complaint.
213. The allegation(s) contained in Paragraph 213 of the First Amended Complaint state
legal conclusions to which no response is required. To the extent a response is required, Officer
Haferman denies the allegation(s) contained in Paragraph 213 of the First Amended Complaint.
214. Officer Haferman denies the allegation(s) contained in Paragraph 214 of the First
Amended Complaint.
215. Officer Haferman denies the allegation(s) contained in Paragraph 215 of the First
Amended Complaint.
216. Officer Haferman denies the allegation(s) contained in Paragraph 216 of the First
Amended Complaint.
217. Officer Haferman denies the allegation(s) contained in Paragraph 217 of the First
Amended Complaint.
218. Officer Haferman is without knowledge or information sufficient to form a belief
as to the truth of the allegation(s) contained in Paragraph 218 of the First Amended Complaint,
and, therefore, denies the same.
219. Officer Haferman denies the allegation(s) contained in Paragraph 219 of the First
Amended Complaint.
ANSWER TO FOURTH CLAIM FOR RELIEF
42 U.S.C. §1983 – Malicious Prosecution
Fourth Amendment, Due Process Violations
(against Defendant Haferman)
220. Officer Haferman incorporates the responses in Paragraphs 1 through 219 above as
if fully set forth herein.
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221. Officer Haferman denies the allegation(s) contained in Paragraph 221 of the First
Amended Complaint.
222. Officer Haferman denies the allegation(s) contained in Paragraph 222 of the First
Amended Complaint.
223. Officer Haferman denies the allegation(s) contained in Paragraph 223 of the First
Amended Complaint.
224. Officer Haferman denies the allegation(s) contained in Paragraph 224 of the First
Amended Complaint.
225. Officer Haferman denies the allegation(s) contained in Paragraph 225 of the First
Amended Complaint.
ANSWER TO PRAYER FOR RELIEF
The Prayer for Relief does not call for a response. To the extent a response is required,
Officer Haferman denies any allegation(s) contained in the Prayer for Relief, including subparts
(a) through (h).
GENERAL DENIAL
Officer Haferman denies each and every allegation not specifically admitted herein.
AFFIRMATIVE DEFENSES
1. Plaintiff’s First Amended Complaint fails to state a valid claim upon which relief
may be granted.
2. Officer Haferman, to the extent properly sued in his individual capacity, is entitled
to Qualified Immunity inasmuch as his actions did not violate the constitutional rights of Plaintiff,
did not violate clearly established law at the time of the events at issue, and were undertaken with
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a good faith belief in the lawfulness of his actions. The actions of Officer Haferman were
objectively reasonable under the circumstances with which Officer Haferman was confronted.
3. Officer Haferman was lawfully exercising his Public Duties in accordance with §
18-1-701, C.R.S. Further, Officer Haferman was properly exercising his police powers and the
authority vested in him by virtue of §§ 16-3-101, 16-3-102, 16-3-103, 18-1-701, and 18-1-707,
C.R.S., at all times pertinent to the incident complained of.
4. Subject matter jurisdiction is lacking inasmuch as Plaintiff’s claims fail to rise to
the level of a deprivation of federal constitutional rights.
5. Plaintiff’s damages, if any, are not to the extent and nature as alleged by Plaintiff.
6. Plaintiff’s damages, if any, were not approximately caused by any act or omission
of Officer Haferman.
7. At all times material, Plaintiff was accorded all rights, privileges and immunities
guaranteed them by the Constitution and laws of the United States of America and Colorado
Constitution.
8. Plaintiff’s claims against Officer Haferman are substantially frivolous and
groundless, entitling Officer Haferman to recover his reasonable expenses, including attorneys'
fees, pursuant to 42 U.S.C. §1988 and Fed. R. Civ. P. Rule 11.
9. Officer Haferman is entitled to qualified immunity.
10. Plaintiff has failed to reasonably mitigate his damages, if any, and has failed to
exercise due diligence in an effort to mitigate his damages, and to the extent of such failure to
mitigate, any damages awarded to Plaintiff should be reduced accordingly.
11. Officer Haferman reserves the right to assert any and all additional affirmative
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defenses.
JURY DEMAND
Officer Haferman hereby demands that this case be tried to a jury pursuant to Fed. R. Civ.
P. 38.
Dated this 6th day of November, 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 6th day of November 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/ Elizabeth Jackson
Elizabeth Jackson, Paralegal
Kissinger & Fellman, P.C.
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