Francisco "frank" Ruybalid Iv, Petitioner v. Board of County Commissioners of the County of Las Animas County…

Summary

The court held that the county reimbursement statute did not require reimbursement of the district attorney’s attorney’s fees and costs incurred defending disciplinary charges because the stipulated misconduct was committed recklessly or knowingly and therefore was not necessarily incurred in performing official duties. The court also held that the American Rule did not govern the claim, but affirmed dismissal because the complaint lacked a legal basis for recovery. The court declined to allow amendment because no additional facts could establish entitlement under the statute.