In a bold move that underscores her commitment to justice, attorney Sarah Schielke has filed five separate lawsuits against the Fort Collins Police Services (FCPS) for a series of alleged wrongful DUI arrests. The suits target former officer Jason Haferman, who is accused of wrongfully arresting more than 17 people for DUI within a single year despite blood tests revealing no alcohol in their systems.
Schielke’s action highlights a disturbing pattern of misconduct within the FCPS. The internal affairs investigation into Haferman, which began in June after mounting public pressure, media coverage, and intervention from the District Attorney’s office, resulted in Haferman’s resignation. The subsequent report cited his “disregard for accurate reporting and poor attention to detail.”
However, Schielke argues that the internal investigation fell short, failing to address the lack of oversight from Haferman’s supervisors. She points out that they never reviewed bodycam footage of the arrests, nor did they notice Haferman’s violations of Colorado law and FCPS policy by disabling or muting his body camera during these incidents.
The lawsuit further challenges statements made by FCPS Chief Jeff Swoboda, who claimed that these “non-detected” DUI cases were not due to poor policing but rather the result of drivers using substances that the state lab couldn’t detect or that FCPS couldn’t afford to test for. Schielke refutes these claims, noting that the Colorado Bureau of Investigation can, in fact, test for the substances Swoboda mentioned.
The five plaintiffs in this case include Harris Elias of Fort Collins, Jesse Cunningham of Nebraska, Cody Erbacher Carl Sever of Fort Collins, and Derrick Groves of Loveland. Their lawsuits allege multiple violations, including arrest without probable cause, failure to supervise/train, violation of due process, and malicious prosecution.
Schielke’s filing paints a stark picture of the consequences these wrongful arrests had on the victims’ lives. They suffered from depression, lost jobs, missed promotions, and endured constant anguish for months before their innocence was proven through blood tests. Adding insult to injury, two of the plaintiffs, Elias and Cunningham, were reported to Child Protective Services for child abuse because their children were in the vehicles during the arrests.
In her statement, Schielke didn’t mince words: “Let there be no doubt, drunk driving is a horrific crime that has destroyed countless lives. But do you know what else destroys lives? Wrongful DUI arrests.” She accused Haferman of violating citizens’ civil rights without any oversight from FCPS.
Schielke’s criticism extends to Chief Swoboda, whom she accuses of defending the arrests, defaming the victims, and misleading the public to protect himself. She calls for Swoboda’s resignation, stating that his actions in covering up for Haferman’s misconduct make him unfit to lead the department.
This lawsuit is the latest in a series of high-profile cases Schielke has taken against law enforcement agencies. Her unique approach of releasing body camera footage to the public has previously resulted in record-breaking settlements, including a $3 million settlement in the Karen Garner case against the Loveland Police Department and a $7 million settlement in a police tasing case in Idaho Springs.
Schielke’s relentless pursuit of justice and innovative legal strategies have earned her recognition as one of USA Today’s Women of the Year and the recipient of DUIDLA’s “Badass Award.” Her work continues to challenge police misconduct and push for greater accountability in law enforcement.
As these lawsuits progress, they promise to illuminate systemic issues within the FCPS and potentially drive meaningful change in how DUI arrests are conducted and supervised. Schielke’s efforts are a powerful reminder of the importance of vigilant legal advocacy in protecting civil rights and ensuring justice for all citizens.