Sarah Schielke: Crusading Colorado Attorney Takes on Police Misconduct

In a bold move that’s shaking up the legal landscape in Colorado, attorney Sarah Schielke has filed five lawsuits against Fort Collins Police Services (FCPS) and a former officer for alleged wrongful DUI arrests. This latest action underscores Schielke’s reputation as a fierce advocate for civil rights and police accountability.

The lawsuits stem from a series of arrests made by former officer Jason Haferman, who is accused of wrongfully arresting more than 17 people for DUI in just one year. In each case, blood tests revealed no alcohol in the arrested individuals’ systems, raising serious questions about the officer’s conduct and the department’s oversight.

Schielke’s approach to these cases exemplifies her trademark strategy of leveraging public pressure and media attention to force accountability. She didn’t just file the lawsuits; she released a comprehensive press package including copies of each lawsuit, blood test results proving the arrestees’ innocence, letters from the District Attorney’s Office, and body camera footage from the arrests.

The internal affairs investigation into Haferman, which Schielke claims only came after significant public pressure and media coverage, led to the officer’s resignation. However, Schielke isn’t satisfied with this outcome alone. She alleges that the internal affairs report failed to address crucial issues, such as Haferman’s supervisors never reviewing his body camera videos and his alleged violations of Colorado law and FCPS policy by disabling or muting his body camera.

Schielke’s criticism extends to FCPS Chief Jeff Swoboda, who she claims made misleading public statements about the department’s handling of these cases. According to Schielke, Swoboda suggested that the “non-detected” blood/breath DUI arrests were not due to lousy policing but rather to drivers being under the influence of substances the state lab couldn’t test for or FCPS couldn’t afford to test for. Schielke disputes these claims, pointing out that the Colorado Bureau of Investigation can, in fact, test for many of these substances.

The five lawsuits filed by Schielke in Larimer County state court named Haferman and the city of Fort Collins as defendants, as well as Sgt. Allen Heaton and an unnamed corporal. The suits allege various civil rights violations, including arrest without probable cause, failure to supervise/train, violation of due process, and malicious prosecution.

Schielke’s filings paint a stark picture of these alleged wrongful arrests’ impact on her clients. They suffered months of “hopelessness, depression, lost jobs, missed promotions and constant anguish.” In two cases, the arrestees were even reported to Child Protective Services for child abuse because their children were in the vehicles during the arrests.

In her characteristic no-holds-barred style, Schielke doesn’t mince words when addressing the broader implications of these cases. She acknowledges the serious nature of drunk driving while emphasizing that wrongful DUI arrests also destroy lives. Her criticism of FCPS leadership is particularly scathing, accusing Chief Swoboda of defending the arrests, defaming the victims, and misleading the public “solely to cover his rear end.”

Schielke’s call for Swoboda’s resignation underscores her commitment to systemic change. She argues that a police chief who covers up for officers making wrongful arrests is even worse than the officers themselves, stating bluntly, “That’s who Chief Swoboda is. The City of Fort Collins deserves better. Swoboda needs to go.”

While FCPS has acknowledged being notified of the lawsuits, it maintains that it has yet to be officially served and thus has yet to see the full details. It has stated that it takes all litigation seriously and will review the allegations once served.

This latest action by Schielke continues her pattern of taking on high-profile cases against law enforcement agencies in Colorado. Her aggressive approach, combining legal action with public disclosure of evidence, has previously resulted in significant settlements and reforms. As these new cases unfold, they promise to keep the spotlight on police accountability issues and protect civil rights in Fort Collins and beyond.