In a bold move that underscores her commitment to justice and police accountability, attorney Sarah Schielke has filed five separate lawsuits against Fort Collins Police Services (FCPS) and former officer Jason Haferman. These legal actions, announced in a press release, allege a series of wrongful DUI arrests that have sent shockwaves through the community and raised serious questions about police conduct and oversight.
The lawsuits claim that Haferman wrongfully arrested more than 17 people for DUI within a single year. In a startling revelation, blood tests consistently showed no alcohol present in any of these individuals’ systems. This pattern of arrests only came to light after significant public pressure, victims coming forward, a judge ruling Haferman as an un-credible witness, media coverage, persistent records requests, and the district attorney’s ultimate refusal to prosecute any more of Haferman’s cases.
Schielke’s tenacious pursuit of justice led to an internal affairs investigation by FCPS in June, resulting in Haferman’s resignation. The subsequent report described Haferman as having “a disregard for accurate reporting and poor attention to detail.” However, Schielke argues that this internal investigation fell short, failing to address supervisors’ negligence in reviewing bodycam footage or noticing Haferman’s violations of Colorado law and FCPS policy by disabling or muting his body camera.
Adding fuel to the fire, Schielke challenges statements made by FCPS Chief Jeff Swoboda. The chief had claimed that the department had always been internally reviewing “non-detected” blood/breath DUI arrest cases, suggesting that these arrests were not due to lousy policing but rather to drivers potentially being under the influence of substances the state lab couldn’t detect or FCPS couldn’t afford to test for. Schielke vehemently disputes these claims, pointing out that the Colorado Bureau of Investigation can, in fact, test for many of these substances.
The five plaintiffs in these lawsuits include Harris Elias of Fort Collins, Jesse Cunningham of Nebraska, Cody Erbacher, Carl Sever of Fort Collins, and Derrick Groves of Loveland. Their cases paint a disturbing picture of lives upended by wrongful arrests. Despite their innocence being proven by blood results, these individuals suffered months of emotional turmoil, job losses, missed promotions, and constant anguish. In particularly troubling cases, Elias and Cunningham were reported to Child Protective Services for child abuse investigations due to their children being present during the arrests.
The lawsuits seek both economic and punitive damages. They allege violations, including arrest without probable cause, unlawful arrest through failure to supervise/train, violation of due process, and malicious prosecution. They name not only Haferman but also Sgt. Allen Heaton, an unnamed corporal, and the City of Fort Collins as defendants.
Schielke pulls no punches in her criticism of the department’s situation handling. She acknowledges the devastation caused by actual drunk driving but emphasizes that wrongful DUI arrests are equally destructive to innocent lives. Her scathing remarks target Haferman’s actions and the department’s response, accusing FCPS of defending the arrests, defaming the victims, and misleading the public to cover their failures.
In a bold call to action, Schielke demands Chief Swoboda’s resignation, asserting that his attempts to cover up the wrongful arrests make him unfit to lead. She argues that Fort Collins deserves better leadership and integrity in its police force.
The FCPS, for its part, maintains that while it has been notified of the lawsuits, it has not yet been officially served. It states that it takes all litigation seriously and will review the allegations once legally served. Despite the controversy, Chief Swoboda plans to continue leading the department.
These lawsuits represent more than just individual cases of alleged misconduct. They spotlight systemic issues within law enforcement, questioning the effectiveness of internal oversight and the accountability of those in power. As the legal battle unfolds, it promises to be a watershed moment for police reform and civil rights in Fort Collins, with potential ripple effects across the nation. Sarah Schielke’s relentless pursuit of justice is a powerful reminder of attorneys’ crucial role in holding law enforcement accountable and protecting citizens’ rights.