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STATE FOR USE OF DEPT. OF CORR. v. PENA

No. 87CA1715.

837 P.2d 210 (1992)

The STATE of Colorado, for the Use of the DEPARTMENT OF CORRECTIONS, Petitioner-Appellant and Cross-Appellee, v. Federico PENA, Mayor of City and County of Denver; J.D. MacFarlane, Manager of Safety, City and County of Denver; John Simonet, Director of Corrections for the City and County of Denver; Mose Trujillo, Warden of the Jail for the City and County of Denver; Sal Carpio, Robert Crider, Kathy Donohue, Stephanie Foote, Ted Hackworth, Nieves McIntyre, Cathy Reynolds, William Roberts, William Scheitler, John Silchia and Paul Swalm, City Council Members, City and County of Denver, Respondents-Appellees and Cross-Appellants.

Colorado Court of Appeals, Div. II.

Rehearing Denied March 26, 1992.

Certiorari Granted August 10, 1992.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Paul S. Sanzo, Asst. Atty. Gen., Denver, for petitioner-appellant and cross-appellee.

Stephen H. Kaplan, City Atty., Stan M. Sharoff, Asst. City Atty., Denver, for respondents-appellees and cross-appellants.

Opinion by Judge MARQUEZ.

The State of Colorado Department of Corrections (Department) appeals from a judgment of the district court in favor of the mayor and other officials of the City and County of Denver (Denver) ruling that the Department owes Denver $835,136 for the care and housing of state-sentenced prisoners and that the Denver County Jail is under no obligation to accept parole violators tendered to it for safekeeping. Denver cross-appeals that portion of...

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