17-22-17. Escapes -- Sheriff's liability.
A sheriff who suffers the escape of a person arrested in a civil action, without the consent
or connivance of the party in whose behalf the arrest or imprisonment is made, is liable as
follows:
(1) When the arrest is upon an order to hold to bail or upon a surrender in exoneration of
bail before judgment he is liable to the plaintiff as bail.
(2) When the arrest is on an execution or commitment to enforce the payment of money
he is liable for the amount expressed in the execution or commitment.
(3) When the arrest is on an execution or commitment other than to enforce the payment
of money he is liable for the actual damages sustained.
(4) Upon being sued for damages for an escape or rescue he may introduce evidence in
mitigation and exculpation.
No Change Since 1953
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Last revised: Thursday, May 28, 2009