HomeMy WebLinkAbout2023-cv-1343 - Elias V. V. City Of Fort Collins, Et Al. - 063 - City Heaton Supplement To Reply Re Mot DismissIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:23-cv-1343-GPG-KAS
Harris Elias,
Plaintiff.
v.
City of Fort Collins;
Jason Haferman; and
Sergeant Allen Heaton.
Defendants.
THE CITY OF FORT COLLINS AND SERGEANT ALLEN HEATON’S SUPPLEMENT
TO THE REPLY IN SUPPORT OF THEIR MOTION TO DISMISS (ECF 60)
Defendants City of Fort Collins and Allen Heaton, through their undersigned counsel, Hall
& Evans, LLC, submit the following as their Supplement to the Reply in Support of their Motion
to Dismiss (ECF 60):
I. ARGUMENT
As addressed in the Reply, Plaintiff states Sergeant Heaton “directed” Officer Haferman’s
plan which included failing to turn on his body-worn camera (ECF 49 at 12). Sergeant Heaton,
however, did turn on his body-worn camera during his discussion with Plaintiff. Mr. Elias
complained about Officer Haferman not wearing a mask or a seatbelt, and his leg being caught in
the door when it was closed. Plaintiff made no allegations of wrongful arrest or excessive force.
(See Sergeant Heaton’s body-worn camera video, conventionally submitted as Exhibit A-1).
Respectfully submitted this 3rd day of January, 2024.
s/ Mark S. Ratner
Mark S. Ratner, Esq.
Robert A. Weiner, Esq.
Case No. 1:23-cv-01343-GPG-KAS Document 63 filed 01/03/24 USDC Colorado pg 1 of 2
2
Katherine N. Hoffman, Esq.
Hall & Evans, L.L.C.
1001 17th Street, Suite 300, Denver, CO 80202
303-628-3300 /Fax: 303-628-3368
ratnerm@hallevans.com
weinerr@hallevans.com
hoffmank@hallevans.com
ATTORNEYS FOR THE CITY OF FORT
COLLINS AND SERGEANT ALLEN HEATON
CERTIFICATE OF SERVICE (CM/ECF)
I hereby certify that on the 3rd day of January 2024, a true and correct copy of the
foregoing THE CITY OF FORT COLLINS AND SERGEANT ALLEN HEATON’S
SUPPLEMENT TO THE REPLY IN SUPPORT OF THEIR MOTION TO DISMISS
(ECF 60) was filed with the Court via CM/ECF and served on the below-listed party by email:
Sarah Schielke, Esq.
sarah@lifeandlibertylaw.com
Jonathan M. Abramson, Esq.
jonathan@kandf.com
Yulia Nikolaevskaya, Esq.
julie@kandf.com
s/ Sarah Stefanick
Case No. 1:23-cv-01343-GPG-KAS Document 63 filed 01/03/24 USDC Colorado pg 2 of 2