Saul Cisneros v. Bill Elder

The summaries of the Colorado Court of Appeals published opinions constitute no part of the opinion of the division but have been prepared by the division for the convenience of the reader. The summaries may not be cited or relied upon as they are not the official language of the division. Any discrepancy between the language in the summary and in the opinion should be resolved in favor of the language in the opinion. SUMMARY September 15, 2022 2022COA106 No. 19CA0546, Cisneros v. Elder — Government — Immunity and Partial Waiver — Operation of a Jail or Correctional Facility A division of the court of appeals considers whether a county sheriff who denied a detainee’s release from jail after the detainee posted bond in order to comply with a hold placed on the detainee by U.S. Immigration and Customs Enforcement was engaged in the operation of a jail under section 24-10-106(1)(b), C.R.S. 2021. The division concludes that he was. COLORADO COURT OF APPEALS 2022COA106 Court of Appeals No. 19CA0546 El Paso County District Court No. 18CV32870 Honorable Eric Bentley, Judge Saul Cisneros, Plaintiff-Appellee, v. Bill Elder, in his official capacity as Sheriff of El Paso County, Colorado, Defendant-Appellant. ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE RICHMAN Johnson and Casebolt*, JJ., concur Prior Opinion Announced November 19, 2020, Reversed in 21SC6 Announced September 15, 2022 Holland & Hart LLP, Stephen G. Masciocchi, Peter A. Kurtz, Alexandria E. Pierce, Denver, Colorado; Mark Silverstein, Denver, Colorado, for Plaintiff- Appellee Diana K. May, County Attorney, Mary Ritchie, Assistant County Attorney, Colorado Springs, Colorado, for Defendant-Appellant *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2021. ¶1 This case has been remanded from the supreme court pursuant to its opinion in Cisneros v. Elder, 2022 CO 13M. The supreme court had granted certiorari to consider whether the division below erred in concluding that section 24-10-106(1.5)(b), C.R.S. (2021), of the Colorado Governmental Immunity Act (“CGIA”) does not waive sovereign immunity for intentional torts that result from the operation of a jail for claimants who are incarcerated but not convicted. Id. at ¶ 1. I. Background ¶2 A division of this court had concluded that the defendant, Sheriff Bill Elder, was immune from the claim of the plaintiff detainee, Saul Cisneros, for false imprisonment under the CGIA because the complaint alleged an intentional tort, and the CGIA only allows a waiver of immunity for negligence.1 Judge Richman dissented from the majority and concluded that the CGIA waived immunity for intentional, as well as negligent, torts. Cisneros v. Elder, 2020 COA 163M, ¶¶ 54-77. In reversing the division’s 1Judge Diana Terry authored the majority opinion. Since issuance of that opinion and the supreme court’s opinion and remand, Judge Terry has retired from the court of appeals. Judge Casebolt was assigned by the Chief Judge to replace Judge Terry on this division. 1 majority opinion, the supreme court agreed with Judge Richman’s dissent. …

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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals