Young ex rel. Bucy v. Jefferson County Sheriff
318 P.3d 458
Colo.2014Background
- Deputy Hodges lawfully transported two handcuffed juveniles from a court hearing to Mount View Youth Services Center on July 28, 2010.
- The Juveniles were seated in the rear of a van when another driver allegedly turned into an intersection without yielding, causing a collision.
- The Juveniles sued the County alleging Hodges negligently failed to secure seat-belts and to ensure the intersection was clear.
- The County initially moved to dismiss under the Colorado Governmental Immunity Act (CGIA); the trial court denied, and the court of appeals affirmed.
- The County then renewed its immunity defense under section 19-2-508(7) of the Children's Code, and the trial court denied the Renewed Motion after an evidentiary hearing.
- The Supreme Court vacates the trial court’s order, holds that negligence alone cannot overcome immunity and the presumption of good faith, and remands for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether negligence alone defeats immunity under 19-2-508(7). | Hodges allegedly acted negligently, which should overcome presumption of good faith. | Negligence cannot rebut the statutory presumption of good faith. | No; negligence alone does not overcome immunity. |
Key Cases Cited
- People v. Lee, 180 Colo. 376, 506 P.2d 136 (Colo. 1973) (statutory construction and legislative intent govern immunity provisions)
- Montoya ex rel. Montoya v. Bebensee, 761 P.2d 285 (Colo.App.1988) (negligence alone cannot rebut good-faith immunity under child-abuse reporting statute)
- Wood v. People, 255 P.3d 1136 (Colo.2011) (pretrial immunity review should occur before trial to preserve immunity)