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Sarah Schielke: The Relentless Advocate Challenging Fort Collins Police Over Wrongful DUI Arrests

In a bold move that’s sending shockwaves through the law enforcement community, 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 innocent lives in shambles and raised serious questions about police conduct and oversight.

Schielke’s lawsuits paint a troubling picture: more than 17 people were wrongfully arrested for DUI by Haferman in just one year. The kicker? Blood tests revealed no alcohol in any of these individuals’ systems. This startling revelation only came to light after a perfect storm of public pressure, victims speaking out, a judge deeming Haferman an unreliable witness, media scrutiny, persistent records requests, and the district attorney’s ultimate refusal to prosecute any more of Haferman’s cases.

The internal affairs investigation that followed in June led to Haferman’s resignation, with the report citing his “disregard for accurate reporting and poor attention to detail.” But Schielke argues this barely scratches the surface. She points out that the investigation failed to address a crucial point: Haferman’s supervisors never once reviewed his bodycam footage, disregarding his violations of Colorado law and FCPS policy by disabling or muting his camera.

Adding fuel to the fire, Schielke aims FCPS Chief Jeff Swoboda’s public statements. Swoboda claimed the department had constantly been 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, noting 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 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. 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.