To: Board of County Commissioners
Through: John Christofferson, Acting 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 employees of the Arapahoe County Sheriff’s Office
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Purpose and Request:
recommended action
A lawsuit Nicholas Bradley v. Arapahoe County Sheriff’s Office, et al.; Case No. 2025CV31496, was commenced on June 23, 2025 in the Arapahoe County District Court against records custodian Justin Combs from the Arapahoe County Sheriff’s Office stemming from a dispute about access to certain criminal justice records. This memo and the accompanying resolution seek the Board’s formal authorization to provide legal defense services and indemnification coverage for the ACSO personnel who has been named in the suit.
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Alignment with Strategic Plan: Good Governance - Deliver mandated and essential services with excellence.
Background and Discussion: Under the provisions of 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. 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 named Arapahoe County Sheriff’s Office employees in the lawsuit were not undertaken wantonly or willfully, or with any intent to violate the plaintiff’s rights and that the individual employees were acting in good faith. It is also apparent that all of the conduct challenged by the plaintiff was taken by the Arapahoe County Sheriff’s Office employees within the scope of their job duties. Accordingly, Records Custodian Justin Combs qualifies for both a legal defense and indemnification protection at the County’s expense under the terms and limitations of the Colorado Governmental Immunity Act.
Alternatives: Employ outside legal counsel for the defendant employees.
Fiscal Impact: N/A
Alignment with Strategic Implementation Strategies: N/A
Concurrence: The Acting County Attorney has endorsed the proposed representation.