17-22-17 - Escapes -- Sheriff's liability.
17-22-17. Escapes -- Sheriff's liability.
A sheriff who suffers the escape of a person arrested in a civil action, without the consentor connivance of the party in whose behalf the arrest or imprisonment is made, is liable asfollows:
(1) When the arrest is upon an order to hold to bail or upon a surrender in exoneration ofbail 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 moneyhe 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 paymentof money he is liable for the actual damages sustained.
(4) Upon being sued for damages for an escape or rescue he may introduce evidence inmitigation and exculpation.
No Change Since 1953