In a bold move that’s shaking the foundations of law enforcement in Colorado, attorney Sarah Schielke has launched a series of lawsuits against Fort Collins Police Services (FCPS), exposing a disturbing pattern of alleged wrongful DUI arrests. Schielke, known for her relentless pursuit of justice, has filed five separate lawsuits, each representing an individual wrongfully arrested by former FCPS officer Jason Haferman.

The lawsuits, announced in a hard-hitting press release, come with a wealth of evidence: copies of each suit, blood test results, letters from the District Attorney’s Office, and damning body camera footage. According to Schielke, Haferman had wrongfully arrested more than 17 people for DUI in just one year, with blood results consistently showing no alcohol present in any of the arrestees’ systems.

The gravity of the situation became apparent when FCPS finally opened an internal affairs investigation into Haferman in June. However, Schielke argues this action came far too late, only after significant public pressure, victims coming forward, a judge ruling Haferman to be an unreliable witness, media coverage, persistent records requests, and the elected District Attorney finally refusing to prosecute any more of Haferman’s cases.

The investigation led to Haferman’s resignation, with the subsequent report citing his “disregard for accurate reporting and poor attention to detail.” Yet, Schielke contends that this barely scratches the surface of the problem. She points out that the internal affairs report failed to address a crucial point: Haferman’s supervisors had never once reviewed the bodycam videos 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 these arrests weren’t 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, such as “inhaled aerosols,” “over-the-counter medications,” or “synthetic street drugs.” Schielke’s release promptly debunked these claims, noting that the Colorado Bureau of Investigation can test for such substances.

The five plaintiffs in these lawsuits – Harris Elias, Jesse Cunningham, Cody Erbacher, Carl Sever, and Derrick Groves – are seeking justice for the ordeals they endured. Their suits target Haferman, Sgt Allen Heaton, an unnamed corporal, and the City of Fort Collins. The legal actions allege multiple violations, including arrest without probable cause, failure to supervise and train, violation of due process, and malicious prosecution.

Schielke’s press release paints a vivid picture of the devastating impact these wrongful arrests had on the victims’ lives. They suffered months of “hopelessness, depression, lost jobs, missed promotions and constant anguish.” In 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. “The only thing worse than a cop who charges innocent citizens with awful crimes he knows they didn’t commit,” Schielke stated, “is a cop who lies and covers up the cop that made those terrible arrests.”

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 legally served. However, it’s also stated that Chief Swoboda plans to “continue leading this exceptional agency and its amazing officers and professional staff.”

As this legal battle unfolds, it serves as a stark reminder of the critical 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.

Through these lawsuits, Sarah Schielke demonstrates her unwavering commitment to justice and willingness to challenge powerful institutions. Her relentless pursuit of accountability for wrongful arrests highlights the crucial role that dedicated attorneys play in maintaining the justice system’s integrity and protecting citizens’ rights.