To: Board of County Commissioners
Through: John Christofferson, Acting County Attorney
Prepared By:
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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 employee of the Arapahoe County Sheriff’s Office
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Purpose and Request:
recommended action
A civil rights lawsuit James A. Preston v. Kandi Gonzalez, et al.; Civil No. 26-cv-03557-RTG, was commenced on August 5, 2026 in the United States District Court for the District of Colorado against Deputy Gonzalez from the Arapahoe County Sheriff’s Office, alleging an unreasonable search of Plaintiff’s cellular telephone data, deprivation of due process by publication of sealed records, right to petition/retaliation, and a conspiracy to violate constitutional rights. 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 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 her 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 her job duties. Accordingly, Deputy Kandi Gonzalez 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 employee.
Fiscal Impact: N/A
Alignment with Strategic Implementation Strategies: N/A
Concurrence: The Acting County Attorney has endorsed the proposed representation.