§ 29-5-111 — Liability of peace officers

Colorado § 29-5-111

• Jurisdiction: Colorado
• Title 29: Government
• Art.: Peace Officers and Firefighters

Text

(1) Notwithstanding the doctrines of
sovereign immunity and respondeat superior, a city, town, county, or city and county
or other political subdivision of the state or a state institution of higher education
employing peace officers in accordance with article 7.5 of title 24, C.R.S., shall
indemnify its paid peace officers and reserve officers, as defined in section 16-2.5-110, C.R.S., while the peace officers and reserve officers are on duty for any liability
incurred by them and for any judgment, except a judgment for exemplary damages,
entered against them for torts committed within the scope of their employment if
the person claiming damages serves the political subdivision or state institution of
higher education with a copy of the summons within ten days from the date when a
copy of the summons is served on the peace officer or reserve officer. In no event
shall any political subdivision or state institution of higher education be required so
to indemnify its peace officers in excess of one hundred thousand dollars for one
person in any single occurrence or three hundred thousand dollars for two or more
persons for any single occurrence; except that in such instance no indemnity shall
be allowed for any person in excess of one hundred thousand dollars. It is the duty
of the city, town, county, city and county, or other political subdivision and of the
state institution of higher education to provide the defense handled by the legal
staff of the public entity or by other counsel, in the discretion of the public entity,
for the peace officer in the claim or civil action. However, in the event that the court
determines that a reserve officer, as defined in section 16-2.5-110, C.R.S., incurred
the liability while acting outside the scope of his or her assigned duties or that the
reserve officer acted in a willful and wanton manner in incurring the liability, the
court shall order the reserve officer to reimburse the political subdivision or the
state institution of higher education for reasonable costs and reasonable attorney
fees expended for the defense of the reserve officer. With the approval of the
governing body of the city, town, county, city and county, or other political
subdivision or of the state institution of higher education, the claim or civil action
may be settled or compromised. A city, town, county, city and county, or other
political subdivision or a state institution of higher education may carry liability
insurance to insure itself and its peace officers. If the political subdivision or state
institution of higher education purchases insurance that provides substantial
coverage for the peace officers with a policy limitation of at least one hundred
thousand dollars for one person in any single occurrence and three hundred
thousand dollars for two or more persons for any single occurrence, except that in
such instance no indemnity shall be allowed for any person in excess of one
hundred thousand dollars, then the political subdivision or state institution of higher
education shall be liable under this section to indemnify the peace officers only to
the extent of the limits and for such torts as are covered by the policy and only to
the extent of the coverage of the policy. Nothing in this section shall be deemed to
condone the conduct of any peace officer who uses excessive force or who violates
the statutory or constitutional rights of any person.

(2) This section shall apply only with respect to causes of action accruing on
or after July 1, 1972.

Legislative History

Source: L. 71: pp. 1048, 1049, �� 1, 2. C.R.S. 1963: � 99-2-12. L. 72: p. 612, � 135. L. 88: (1) amended, p. 723, � 5, effective July 1. L. 2003: (1) amended, p. 1618, � 26, effective August 6. L. 2008: (1) amended, p. 92, � 18, effective March 18. L. 2009: (1) amended, (SB 09-097), ch. 110, p. 459, � 11, effective August 5.