FORT COLLINS, Colo. (WKRC) – A man was awarded half-a-million dollars after being arrested on suspicion of driving under the influence.
A military veteran who was arrested on suspicion of driving under the influence after stopping to help at a crash in Fort Collins has reached a $500,000 settlement with the city after blood test results showed no alcohol in his system.
Jesse Cunningham told KUSA he was traveling with his family nearly five years ago when he witnessed a crash and stopped to assist.
According to Cunningham, Fort Collins Police Officer Jason Haferman arrested him on suspicion of DUI after Cunningham admitted he had consumed two beers several hours earlier.
Video from the encounter showed Cunningham asking officers if he could take a breathalyzer test.
“Can we do a breathalyzer?” Cunningham asked.
“Yeah, I’ll explain that process here in a little bit,” Haferman responded.
According to Cunningham, he was never given a breathalyzer test. He did, however, provide a blood sample, which later showed no alcohol in his system.
Cunningham’s attorney, Sarah Schielke, told KUSA she also represents four other people who were arrested by Haferman under similar circumstances. She said each of those cases was later dismissed after breath or blood test results failed to support the DUI allegations.
“It was jaw-dropping at every step of the way,” Schielke told KUSA.
The city recently agreed to pay Cunningham $500,000 to settle his lawsuit.
“It was just traumatic experience one after another and it had a profound effect on my girls, my daughters,” Cunningham told KUSA.
As part of the settlement, Cunningham said he is prohibited from making disparaging remarks about the police department.
Schielke, however, told KUSA she believes the case points to broader concerns.
“I mean, I think the number says a lot, and it speaks really to the broader issues and problems at this department,” she said. “It appears to be a cultural problem at this agency, and I’m gonna keep fighting until that’s fixed.”
