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CISNEROS v. ELDER

Supreme Court Case No. 21SC6.

506 P.3d 828 (2022)

2022 CO 13M

Saul CISNEROS, Petitioner, v. Bill ELDER, in his official capacity as Sheriff of El Paso County, Colorado, Respondent.

Supreme Court of Colorado.

As Modified on Denial of Rehearing April 11, 2022.

Attorney(s) appearing for the Case

Attorneys for Petitioner: Holland & Hart LLP, Stephen G. Masciocchi , Denver, Colorado.

American Civil Liberties Union Foundation of Colorado, Mark Silverstein , Arielle Herzberg , Denver, Colorado.

Attorneys for Respondent: Office of the County Attorney of El Paso County, Colorado, Mary Margaret Ritchie , Assistant County Attorney, Colorado Springs, Colorado.

JUSTICE GABRIEL delivered the Opinion of the Court, in which CHIEF JUSTICE BOATRIGHT, JUSTICE MÁRQUEZ, JUSTICE HOOD, JUSTICE HART, JUSTICE SAMOUR, and JUSTICE BERKENKOTTER joined.

¶1 We granted certiorari to consider whether the division below erred in concluding that section 24-10-106(1.5)(b), C.R.S. (2021), of the Colorado Governmental Immunity Act ("CGIA") does not waive sovereign immunity for intentional torts that result from the operation of a jail for claimants...

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