Cisneros v. Elder.

2022 CO 13. No. 21SC6. Colorado Governmental Immunity Act—Waivers of Sovereign Immunity—Intentional Torts.

March 21, 2022

In this case, the Supreme Court considered whether CRS § 24-10-106(1.5)(b) of the Colorado Governmental Immunity Act (CGIA) waives sovereign immunity for intentional torts that result from the operation of a jail for claimants who are incarcerated but not convicted.

The Court concluded that CRS § 24-10-106(1.5)(b) waives immunity both for intentional torts and for acts of negligence resulting from the operation of a jail for claimants who are incarcerated but not convicted. In reaching this determination, the Court concluded that the statutory language waiving immunity for claimants who “are incarcerated but not yet convicted” and who “can show injury due to negligence” sets a floor, not a ceiling.

Accordingly, the Court reversed the judgment of the division below and remanded the case for further proceedings consistent with this opinion.