Hopp & Flesch, LLC v. Backstreet

BENDER, Justice.

I. Introduction

We review the court of appeals’ decision in Backstreet v. Hopp & Flesch L.L.C., 107 P.3d 1022 (Colo.App.2004), which held that a sheriffs department advisement to its employee, Raquel Backstreet, that any statements she made during an internal civil investigation could not be used against her in subsequent criminal proceedings, constituted a grant of use immunity under the apparent authority doctrine.1 Id. at 1026. The court of appeals overturned the trial court’s ruling on summary judgment. The trial court held it was not malpractice, as a matter of law, for…