(El Paso County Sheriff Bill Elder)
By Nia Bender
COLORADO SPRINGS – The Colorado Supreme Court is reviewing a lower court’s decision to throw out a suit against El Paso County Sheriff Bill Elder. The justices decided earlier this week to look deeper into whether the Court of Appeals made the right decision last year in ruling Sheriff Elder as immune from suits. Elder was sued for wrongful imprisonment by an illegal immigrant who was detained for four months at the request of the federal government. ICE detainers generally last 48-hours.
According to the Gazette, the Court of Appeals tossed out the lawsuit against Sheriff Bill Elder that alleged wrongful imprisonment, stemming from Elder’s detention of Saul Cisneros for four months after Cisneros posted bond. Cisneros was held at the request of federal immigration authorities.
in a 2-1 decision, a panel of judges for the appellate court determined the Colorado Governmental Immunity Act shielded Elder for doing so. There is an exception within the governmental immunity law for operators of jails and correctional facilities, stating that immunity can be waived if a detained person can demonstrate any type of injury because of possible negligence.
