wrongful arrest
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Federal judge sides with ex-Fort Collins ‘DUI officer’ on constitutional claims
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A federal judge last week concluded Fort Collins’ former “DUI officer” had not committed a constitutional violation in arresting a motorist, notwithstanding the officer’s problematic behavior across other cases. In recent years, several people arrested by Officer Jason Haferman filed suit over their encounters, arguing Haferman wrongly accused motorists of driving under the influence when…
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Appeals court rules Denver ordinance’s constitutionality has no bearing on lawfulness of arrest
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Colorado’s second-highest court ruled on Thursday that regardless of whether a plaintiff could later show Denver’s ordinance was unconstitutional, arresting officers were acting with probable cause at the time and could not be held liable. A three-judge panel for the Court of Appeals pointed to a 1979 decision of the U.S. Supreme Court that indicated…
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Second federal judge refuses to dismiss lawsuit against Fort Collins for officer’s wrongful DUI arrests
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A second federal judge on Tuesday refused to dismiss Fort Collins from a lawsuit alleging the city’s own failures contributed to a police officer’s repeated wrongful arrests of motorists who were not actually intoxicated. Carl Sever is one of several arrestees who filed suit over their encounters with Jason Haferman, the former “DUI officer” for…
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Fort Collins police officers dismissed from lawsuit over 2020 arrests of protesters
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A federal judge last month dismissed four Fort Collins police officers from a constitutional rights lawsuit, finding the plaintiffs failed to specifically allege how each defendant wrongfully arrested them and contributed to their prosecutions. In August 2020, Black Lives Matter protesters and participants in a “Defend the Police” rally clashed violently. Michael Piper Townley and…
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Fort Collins police officers dismissed from lawsuit over 2020 arrests of protesters
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A federal judge last month dismissed four Fort Collins police officers from a constitutional rights lawsuit, finding the plaintiffs failed to specifically allege how each defendant wrongfully arrested them and contributed to their prosecutions. In August 2020, Black Lives Matter protesters and participants in a “Defend the Police” rally clashed violently. Michael Piper Townley and…
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Federal judge refuses to dismiss Fort Collins from another lawsuit involving officer’s wrongful arrests
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For the second time in under a month, a federal judge has declined to dismiss Fort Collins from a lawsuit alleging the city’s own failures contributed to a police officer’s repeated wrongful arrests of motorists who were not actually intoxicated. Cody Erbacher is one of several arrestees who filed suit over their encounters with Jason…
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Federal judge refuses to dismiss Fort Collins from another lawsuit involving officer’s wrongful arrests
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For the second time in under a month, a federal judge has declined to dismiss Fort Collins from a lawsuit alleging the city’s own failures contributed to a police officer’s repeated wrongful arrests of motorists who were not actually intoxicated. Cody Erbacher is one of several arrestees who filed suit over their encounters with Jason…
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Federal judge sends unlawful arrest, excessive force claims against Denver officers to jury
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A jury will decide whether two Denver police officers are liable for unlawful arrest, excessive force and malicious prosecution after a federal judge last month found it possible the defendants arrested a man for an assault that never happened. Aaron Hernandez was sitting in a vehicle with his son in a church parking lot when…
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Federal judge refuses to dismiss claims against Colorado state troopers for alleged wrongful arrest
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A federal judge on Tuesday slammed the Colorado Attorney General’s Office’s attempt to minimize the behavior of two state troopers, who allegedly arrested a man without probable cause and ridiculed him because he was a Mexican citizen who did not speak English well. Trooper Jeremy Sugai and Corporal Joshua Curtis participated in the arrest of…
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Judge dismisses man’s lawsuit against Walmart for erroneous shoplifting arrest
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Even though prosecutors ended up dismissing the shoplifting-related charges against an elderly Asian man, he failed to show that Walmart should be liable for its role in his erroneous arrest, a federal judge ruled last month. Meng Uoy Chang asserted a Walmart store in Timnath had violated his rights after employees identified Chang as a…
