City of Arvada ex rel. Arvada Police Department, Petitioners v. Denver Health and Hospital Authority, Respondent

Summary

The court held that the custody-treatment statute does not create a private right of action allowing a hospital to recover treatment costs from a detaining governmental entity because the statute does not identify a duty owed to healthcare providers or clearly indicate legislative intent to create such a remedy. The court nevertheless held that Denver Health's unjust-enrichment claim remains viable and is not barred by governmental immunity because it sounds in contract rather than tort. The judgment was reversed in part and remanded for consideration of that equitable claim. Justice Gabriel concurred while urging legislative clarification, and Justice Coats, joined by Justice Eid, would have directed judgment for Arvada rather than remanding for unjust enrichment.