In a bold move rocking the foundations of law enforcement accountability, attorney Sarah Schielke has launched a series of lawsuits against Fort Collins Police Services (FCPS) and former officer Jason Haferman. These five separate legal actions, announced in a hard-hitting press release, allege a disturbing pattern of wrongful DUI arrests that have left a trail of devastation in their wake.

The lawsuits paint a chilling picture: more than 17 people were wrongfully arrested for DUI by Haferman in a single year, with blood tests consistently showing no alcohol present in any of these individuals’ systems. This alarming trend only came to light after a perfect storm of public pressure, victims speaking out, a judge deeming Haferman an unreliable witness, media scrutiny, relentless 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 woefully short, failing to address the glaring negligence of supervisors who never once reviewed Haferman’s bodycam footage or noticed his violations of Colorado law and FCPS policy by disabling or muting his body camera.

Adding fuel to the fire, Schielke aims FCPS Chief Jeff Swoboda’s public statements. Swoboda claimed the department had always been internally reviewing “non-detected” blood/breath DUI arrest cases, suggesting these weren’t cases of bad policing. Still, instead, drivers potentially 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 – Harris Elias, Jesse Cunningham, Cody Erbacher, Carl Sever, and Derrick Groves – represent a cross-section of lives upended by these alleged wrongful arrests. Despite their innocence being proven by blood results, these individuals endured months of emotional turmoil, job losses, missed promotions, and constant anguish. In particularly troubling cases, Elias and Cunningham faced the additional trauma of child abuse investigations due to their children being present during the arrests.

The lawsuits pull no punches, seeking both economic and punitive damages. They allege a range of violations, including arrest without probable cause, unlawful arrest through failure to supervise/train, violation of due process, and malicious prosecution. The net is cast wide, naming not just Haferman but also Sgt. Allen Heaton, an unnamed corporal, and the City of Fort Collins as defendants.

Schielke’s criticism of the department’s handling of the situation is scathing and unapologetic. While acknowledging the devastation caused by actual drunk driving, she emphasizes that wrongful DUI arrests are equally destructive to innocent lives. Her words are a stinging rebuke to both 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 move that underscores the gravity of the situation, Schielke calls for Chief Swoboda’s resignation. She argues that his attempts to cover up the wrongful arrests make him unfit to lead, asserting that Fort Collins deserves better leadership and integrity in its police force. Her condemnation is unequivocal: “The only thing worse than a cop who charges innocent citizens with awful crimes he knows they didn’t commit … is a cop who lies and covers up the cop that made those terrible arrests.”

For their part, FCPS maintains that while they’ve been notified of the lawsuits, they have yet to be officially served. They state that all litigation is taken seriously and that they’ll 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 this 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. Her actions challenge the specific incidents in question and the very systems that allow such incidents to occur. As Fort Collins grapples with these allegations, the eyes of the nation will be watching, waiting to see if this case becomes a catalyst for meaningful change in how police conduct is monitored and addressed.