C.k. v. the People of the State of Colorado, in the Interest of Minor Child: L.k.

Summary

The court held that sovereign immunity does not bar an award of attorney’s fees against a public entity for a discovery violation because Colorado immunity exists only to the extent affirmatively provided by statute, and the governmental immunity statute does not cover such fee awards. The court reversed the court of appeals and remanded for resolution of whether the applicable discovery rule governs the dependency and neglect proceeding and whether that rule expressly authorizes fees against a public entity.