To: Board of County Commissioners
Through: Ronald Carl, County Attorney
Prepared By:
prepared
Writer Mott, Deputy County Attorney
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Subject:
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Approval of a resolution authorizing legal representation and indemnification in litigation filed against an employee of the Arapahoe County Sheriff’s Office
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Purpose and Request:
recommended action
A wrongful death lawsuit, McGhee v. Willmont, Civil No. 24-cv-00550-RMR-SBP, was commenced on February 27, 2024 in the United States District Court for the District of Colorado against Deputy Willmont from the Arapahoe County Sheriff’s Office, regarding an officer involved shooting resulting in the death of Jamarian McGhee. This memo and the accompanying resolution seek the Board’s formal authorization to provide legal defense services and indemnification coverage for the ACSO deputy who has been named in the suit.
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Background and Discussion: Under the provisions of the Colorado Peace Officers Act and the Colorado Governmental Immunity Act, a county is obligated to bear the costs of providing a legal defense for its law enforcement officers and officials when they are sued for acts or omissions allegedly committed by them while performing their jobs. Similarly, a county is obligated to indemnify its officers for judgments or settlements that may enter against them for alleged violations of federal constitutional law, excluding punitive damages.
After reviewing the facts and information currently available, and despite certain allegations made by the plaintiff in the complaint filed with the court, the County Attorney’s Office has determined that the conduct of the individual deputy named in the lawsuit was not undertaken wantonly or willfully, or with any intent to violate the plaintiff’s rights and that the individual deputy was acting in good faith based on a reasonable belief that his actions were lawful. It is also apparent that all of the conduct challenged by the plaintiff was taken by the deputy within the scope of his job duties. Accordingly, Deputy Daniel Willmont qualifies for both a legal defense and indemnification protection at the County’s expense under the terms and limitations of the Peace Officers Act and Colorado Governmental Immunity Act.
Alternatives: Employ outside legal counsel for the defendant employees.
Fiscal Impact: N/A
Alignment with Strategic Plan:
☒Be fiscally sustainable
☒Provide essential and mandated service
☒Be community focused
Concurrence: The County Attorney’s Office recommends that the Board adopt the proposed resolution accompanying this memo and authorize both a legal defense and indemnification protection for Deputy Daniel Willmont in the above-noted litigation, including protection from punitive damages. The defense in this case will be conducted by the County Attorney’s Office. .
Resolution: Attached is a copy of the draft resolution.