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Colo. Ct. App. on ICE Detainers: Cisneros v. Elder

September 16, 2022 (1 min read)

Cisneros v. Elder

"The CGIA provides that sovereign immunity is waived for injuries that result from the operation of a jail. The sheriff argues that the conduct alleged in this case — that he refused to release plaintiff (after plaintiff posted bond) to comply with a hold placed on plaintiff by U.S. Immigration and Customs Enforcement — does not come within the definition of operation of a jail. We disagree. ... [T]here is no dispute that plaintiff was being held pending trial and had not been convicted of the crime for which he was being held. Plaintiff alleges he suffered injury from being detained unlawfully for almost four months after he had posted bond and was entitled to be released. ... [P]laintiff alleges that he should not have been “kept” in jail after posting bond, which raises a question of whether the sheriff properly exercised his duty by “safely detain[ing] every person duly committed thereto.” Id. We hold that a sheriff’s determination not to release an inmate after the inmate has properly posted bond lies at the heart of the sheriff’s duties and is related to the purpose and operation of a jail. Accordingly, we affirm the district court’s ruling that the sheriff in this case is not immune from suit under section 24-10-106(1)(b)."

[Hats off to my good friend Stephen G. Masciocchi!]