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 employee of the Arapahoe County Sheriff’s Office
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Purpose and Request:
recommended action
A civil rights lawsuit Eduardo Barraza v. Deputy Elisabeth Pevler; Civil No. 26-cv-02915-SKC-NRN, was commenced on June 29, 2026 in the United States District Court for the District of Colorado against Deputy Pevler from the Arapahoe County Sheriff’s Office, alleging plaintiff was falsely arrested and prosecuted after he was misidentified as a suspect involved in motor vehicle thefts and menacing involving a firearm in July 2024. 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 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 p...
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