To: Board of County Commissioners
Through: Ron Carl, County Attorney
Prepared By:
prepared
Writer Mott, Deputy County Attorney
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Subject:
title
Approval of a Resolution Authorizing Legal Representation and Indemnification In Litigation Filed Against Three Employees of The Arapahoe County Sheriff’s Office
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Purpose and Request:
recommended action
On June 24, 2024, Plaintiff Darreayon Webber filed a Second Amended Complaint, captioned Darreayon Webber v. Kevin Hicks, Joshua Sadler Andreas, and Augipito Herrera, Civil No. 23-cv-02128-DDD-MEH in the United States District Court of Colorado alleging deputies Kevin Hicks, Joshua Sadler-Andreas, and Augipito Herrera from the Arapahoe County Sheriff’s Office used excessive force when removing him from his cell.
This report and the accompanying resolution seek the Board’s formal authorization to provide legal defense services and indemnification coverage for the three ACSO deputies who have been named in the Second Amended Complaint.
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Background and Discussion:
The lawsuit stems from an incident involving ACSO Inmate Darreayon Webber on April 3, 2023. The lawsuit includes allegations of use of excessive force and a request for compensatory and punitive damages.
Under the provisions of the Colorado Peace Officers Act and the 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 Second Amended Complaint filed with the court, the County Attorney’s Office has determined that the conduct of the individual deputies named in the lawsuit was not undertaken wantonly or willfully, or with any intent to violate the plaintiff’s rights and that the individual deputies were acting in good faith based on a reasonable belief that their actions were lawful. It is also apparent that all of the conduct challenged by the plaintiff was taken by the deputies within the scope of their job duties. Accordingly, Deputies Hicks, Sadler-Andreas, and Herrera qualify 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.
Recommendation: 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 Deputies Hicks, Sadler-Andreas, and Herrera in the above-noted litigation, including protection from punitive damages. The defense in this case will be conducted by the County Attorney’s Office.
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: N/A
Resolution: Attached is a copy of the draft resolution.