Supreme Court of Colorado

22CO13

March 21, 2022

Summary

The court held that the Colorado Governmental Immunity Act waives immunity for intentional torts, including false imprisonment, arising from the operation of a jail and asserted by claimants who are incarcerated but not yet convicted. It reasoned that the statutory requirement to show injury due to negligence establishes a minimum threshold rather than limiting recovery to negligent conduct, because the contrary interpretation would produce an absurd result. The court reversed the appellate judgment and remanded for further proceedings.