In a bold move that’s shaking up the law enforcement landscape in Colorado, attorney Sarah Schielke has filed five separate lawsuits against Fort Collins Police Services (FCPS), targeting a series of alleged wrongful DUI arrests by a former officer. This legal action brings to light a disturbing pattern of misconduct and raises serious questions about police accountability and supervision.
The lawsuits, announced by Schielke in a press release, center around former officer Jason Haferman, who allegedly made more than 17 wrongful DUI arrests in just one year. In each case, blood tests revealed no alcohol in the arrestees’ systems, painting a picture of a rogue officer operating unchecked within the department.
Schielke’s legal offensive didn’t come out of the blue. It followed mounting public pressure, victims coming forward, a judge deeming Haferman an unreliable witness, media coverage, persistent records requests, and the district attorney’s eventual refusal to prosecute any more of Haferman’s cases. This crescendo of concerns finally prompted FCPS to launch an internal affairs investigation in June, ultimately leading to Haferman’s resignation.
The internal investigation concluded that Haferman showed a “disregard for accurate reporting and poor attention to detail.” However, Schielke argues that this assessment barely scratches the surface of the problem. She points out that Haferman’s supervisors never bothered to review bodycam footage of these arrests, overlooking clear violations of Colorado law and FCPS policy, including instances where Haferman disabled or muted his body camera.
Adding fuel to the fire, FCPS Chief Jeff Swoboda issued public statements claiming that the department had always been internally reviewing “non-detected” blood/breath DUI arrest cases. He suggested that these arrests weren’t the result of lousy policing but rather due to drivers potentially being under the influence of substances the state lab couldn’t detect or FCPS couldn’t afford to test for, such as “inhaled aerosols,” “over-the-counter medications,” or “synthetic street drugs.”
Schielke’s release swiftly debunked these claims, noting that the Colorado Bureau of Investigation can test for such substances. This discrepancy between the chief’s statements and reality further undermines the department’s credibility.
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 legal actions target Haferman, Sgt: Allen Heaton, an unnamed corporal, and the City of Fort Collins.
The lawsuits allege multiple violations, including arrest without probable cause, failure to supervise and train, violation of due process, and malicious prosecution. The plaintiffs are seeking both economic and punitive damages, highlighting the severe impact these wrongful arrests had on their lives.
Schielke’s press release paints a vivid picture of the devastation wrought by these arrests. Victims suffered months of “hopelessness, depression, lost jobs, missed promotions and constant anguish.” In two particularly egregious cases, Elias and Cunningham were reported to Child Protective Services for child abuse because their children were in the vehicles during the arrests.
In a scathing indictment of FCPS leadership, Schielke calls for Chief Swoboda’s resignation. She argues that his attempts to defend the arrests, defame the victims, and mislead the public were solely to protect himself, making him unfit to lead the department.
While FCPS has acknowledged being notified of the lawsuits, it maintains that no one has been formally served yet. The department claims to be taking the matter seriously and will review the allegations once they are legally served.
This case showcases Schielke’s tenacious approach to civil rights law, challenging powerful institutions and holding them accountable for their actions. Her relentless pursuit of justice for these wrongfully arrested individuals highlights the critical role that dedicated attorneys play in maintaining the justice system’s integrity.
As this legal battle unfolds, it serves as a stark reminder of the importance of police accountability and the devastating consequences that can result from unchecked misconduct within law enforcement agencies. Schielke’s actions may well spark a broader conversation about police practices and the need for more robust oversight mechanisms to prevent such abuses of power in the future.