Sunday, October 28, 2012

Colorado Court of Appeals Young v. Hodges 11CA2193

Decision here.

   Hodges is a deputy sheriff who was transporting a couple of handcuffed juvies in a van, didn't seat belt them, and crashed.  The juvies were injured, and their parents sued.  Hodges tried to claim immunity under the Colorado Governmental Immunity Act, which sets the rules for suing the state (or any of its political subdivisions or employees).  Part of the Act says you can't sue the state in its own courts, unless the lawsuit arises from certain exceptions (such as operating a motor vehicle).  Think of it as Qualified Immunity's evil twin from a parallel universe.  Looks similar, works differently.

   Amidst discussion of the meaning of the word "operate," the court of appeals ruled that we can be sued for not seatbelting handcuffed prisoners.  There you go, don't forget to do that.

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