Fort Collins Man Receives $500,000 Settlement After Wrongful DUI Arrest
FORT COLLINS, CO – The City of Fort Collins has agreed to pay Jesse Cunningham $500,000 to settle a wrongful DUI arrest lawsuit stemming from a July 2021 incident.
Cunningham was arrested after he attempted to assist victims of a motorcycle accident while on vacation with his family. According to authorities, Fort Collins Police Officer Jason Haferman detected the odor of alcohol on Cunningham, who admitted to consuming two beers hours earlier.
Despite requesting a breath test multiple times to prove his sobriety, Cunningham was subjected to roadside sobriety tests and subsequently arrested on suspicion of DUI and child abuse due to the presence of his minor daughters. The breath test was never administered.
The charges against Cunningham were dismissed three months later when blood tests showed no alcohol or drugs in his system. He filed a federal lawsuit against the City and Officer Haferman for wrongful arrest.
Police Chief Jeff Swoboda stated the settlement does not imply any admission of liability. “We chose to resolve this lawsuit to avoid the expense and disruption of ongoing litigation,” Swoboda said.
Cunningham’s attorney described the settlement as potentially the largest ever for a wrongful DUI arrest case in Colorado. The incident has raised concerns about DUI investigative practices and the conduct of Officer Haferman, who resigned in 2022 amid previous investigations into wrongful DUI arrests.
As a result of this experience, Cunningham stated he feels a lasting impact on his trust in law enforcement.