Lawsuit: CSU student wrongly arrested for DUI in Fort Collins is part of trend

FORT COLLINS, CO. — A 20-year-old Colorado State University (CSU) student has filed a lawsuit against the City of Fort Collins and two police officers for wrongful arrest on claims of driving under the influence (DUI).

Nathan May, 20, was driving back from a late night showing of "Superman" early in the morning on July 16, 2025 when he was pulled over near S. College Avenue and Boardwalk Drive by two Fort Collins Police Services (FCPS) officers for briefly driving without his headlights on, according to a news release from May's lawyers. After less than a minute, one of the officers claims to have concluded May "appeared to be under the influence of drugs or alcohol," the lawsuit reads.

When the two officers — identified in the lawsuit as Trevor Cacciatore and Vince Hooley — asked May to explain his driving, he said any issues they claimed to have observed could be because he was tired as it was past 2 a.m. when they stopped him. According to the lawsuit, May does not drink or use drugs, has a clean driving record and no criminal history.

In an interview with Denver7, May said there was a 30-second span when he did not have his lights on. When he was pulled over, the office told him to step out of the car.

"I basically started getting bombarded out of nowhere about how I'm on alcohol and how, you know, my driving indicated that I was under the influence and I just knew… Something's wrong here," he said.

May offered to do roadside sobriety tests to prove his innocence, the lawsuit reads. The officers asked May to take a portable breath test, which came back with triple zeros, the lawsuit says.

The officers searched May's car, finding only a water bottle full of water, the lawsuit reads, but still proceeded to arrest him on a DUI charge.

"The whole time I was in handcuffs, I thought, 'How could an innocent person possibly be arrested?' So, I was very terrified. I was very distraught. I was humiliated, really, and it was really disheartening to kind of see that, you know, an innocent person could be in handcuffs," May told Denver7.

The officers told May he would have his license revoked if he refused a blood draw, so he went with them to Poudre Valley Hospital to comply before they transported him to Larimer County Jail, the suit continues. The lawsuit says May spent eight hours there before he was able to post bond or contact his mother.

The lawsuit also reads that Officer Cacciatore "falsely characterized Mr. May’s speech in his report as 'slow' and 'slurred' speech. This claim is observably false and belied by the (officers' body-worn camera) video. Mr. May had normal speech throughout the encounter."

May's blood results came back months later, his lawyers said, showing no evidence of drugs or alcohol.

According to the lawsuit, Officer Cacciatore told his supervisor that based on his observations during the arrest, a “more in-depth drug screening was necessary,” and he requested that additional testing.

The Eighth Judicial District Attorney's Office moved to dismiss all charges against May on Oct. 16, 2025. However, the lawsuit states May "continues to suffer extensive damages across every dimension of his life." He continues to incur expenses related to his arrest, including attorney fees, as well as medical and therapy costs.

As part of his arrest, he was reported to CSU, which began a student-conduct investigation, threatening suspension or expulsion. He was also subjected to pretrial supervision in which he had to give regular urine samples for drug testing that he was required to pay for out of pocket — all of which came back clean for no sign of drugs or alcohol, according to the lawsuit.

"Mr. May – a young man who has never used illegal drugs and does not consume alcohol – was forced to endure months of being treated as a criminal, subjected to invasive testing, reported to his university, investigated by student-conduct authorities, and made to live under the constant shadow of criminal prosecution and potential academic expulsion, all because two Fort Collins police officers arrested him without probable cause based on a fabricated and incompetent investigation," the lawsuit reads.

This is the sixth wrongful DUI lawsuit brought against FCPS in three years, according to May's lawyers. Within the last week, the lawsuit states the City of Fort Collins paid out a $500,000 settlement in another wrongful DUI arrest lawsuit filed in 2023. Another settlement was made for $150,000 in a different 2023 wrongful DUI arrest lawsuit.

May's lawyers allege in the lawsuit that the City of Fort Collins's "deliberate failure to train, supervise, and discipline its officers with respect to DUI investigations and probable cause – a failure of which the City had abundant notice well before July 16, 2025" has contributed to the longstanding pattern of FCPS making wrongful DUI arrests.

The lawsuit points to institutional incentives for many Colorado law enforcement agencies to make more DUI arrests, including state and federal grant funding, as well as favorable publicity.

"There's no accountability from this department. There's not an admission of wrongdoing. There's not any kind of changes made with leadership or with policy or with training," May's lawyer Sarah Schielke told Denver7. "I continue to be shocked. I think 'Anyone else furious that they are continuing to arrest innocent people and the officers that are doing aren't facing any consequences for it?'"

She called this "more than a concerning trend."

Denver7 reached out to FCPS for a response to the lawsuit. They responded: "Thank you for reaching out. We are aware of the filing and as it is now before the court, we are unable to discuss the case at this time."

See the article here: https://www.denver7.com/news/front-range/fort-collins/lawsuit-csu-student-wrongly-arrested-for-dui-part-of-growing-trend-within-fort-collins-police-services