Bresciani v. Haragan

Judge CRISWELL

dissenting.

I am convinced that an action against a public employee under §24-10-118(1), C.R.S. 1998, based upon that employee’s alleged “willful and wanton” act or omission, does not give rise to a question of sovereign immunity under §24-10-118(2.5), C.R.S.1998. Hence, I respectfully dissent from the majority’s determination that we have jurisdiction over the present appeal.

Two sections of the Governmental Immunity Act (GIA), §§24-10-105 and 24-10-118, C.R.S.1998, describe a public employee’s immunity with respect to actions for injuries caused by that employee’s acts or…