To: Board of County Commissioners
Through: John Christofferson, Acting 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 employees of the Arapahoe County Sheriff’s Office
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Purpose and Request:
recommended action
A civil rights lawsuit London Thortvedt v. Phillip M. O’Connor, et al.; Civil No. 2025CV32763, was commenced on November 12, 2025 in the Arapahoe County District Court against three deputies from the Arapahoe County Sheriff’s Office, arising from contact with Mr. Thortvedt on December 18, 2024 while assisting the Aurora Fugitive Apprehension and Narcotics Unit. 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 have 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 Governmental Immunity Act, a county is obligated to bear the costs of providing a legal defense for its law enforcement officers when they are sued for acts or omissions allegedly committed by them while performing their jobs. The county is further obligated to indemnify its officers for any judgments or settlements for alleged violations of the Colorado state constitution as long as the County determines its peace officers were acting in good faith and with a reasonable belief that their actions were lawful. If the County was to determine that a peace officer acted in bad faith and without a reasonable basis that his or her actions were lawful, the peace office would be personally responsible for 5% of any judgment or $25,000, whichever is the lesser amount, unless the peace officer is unable to pay in which case the County remains respo...
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