Montana Code 7-32-2250. Liability for escape in civil actions
7-32-2250. Liability for escape in civil actions. (1) A detention center administrator who fails to prevent the escape or rescue of a person who was arrested in a civil action and who is in the administrator’s custody without the consent or connivance of the party in whose behalf the arrest or imprisonment was made is liable as follows:
Terms Used In Montana Code 7-32-2250
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Detention center: means a facility established and maintained by an appropriate entity for the purpose of confining arrested persons or persons sentenced to the detention center. See Montana Code 7-32-2241
- Detention center administrator: means the sheriff, chief of police, administrator, superintendent, director, or other individual serving as the chief executive officer of a detention center. See Montana Code 7-32-2241
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Inmate: means a person who is confined in a detention center. See Montana Code 7-32-2241
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Plaintiff: The person who files the complaint in a civil lawsuit.
(a)When the arrest is upon an order to hold for bail or upon a surrender in exoneration of bail before judgment, the detention center administrator is liable to the plaintiff for the bail.
(b)When the arrest is on an execution or commitment to enforce the payment of money, the detention center administrator is liable for the amount expressed in the execution or commitment.
(c)When the arrest is on an execution or commitment other than to enforce the payment of money, the detention center administrator is liable for the actual damages sustained.
(2)Upon being sued for damages for an escape or rescue of a person in the detention center administrator’s custody, the administrator may introduce evidence in mitigation or exculpation.
(3)An action may not be maintained against a detention center administrator for a rescue or for an escape of a person arrested upon an execution or commitment if, after the rescue or escape and before the commencement of the action, the inmate returns to the detention center or is retaken by the administrator.