Utah Code 17-22-17. Escapes — Sheriff’s liability
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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 the sheriff is liable to the plaintiff as bail.
Terms Used In Utah Code 17-22-17
- 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.
- 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.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Plaintiff: The person who files the complaint in a civil lawsuit.
(2) When the arrest is on an execution or commitment to enforce the payment of money the sheriff 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 the sheriff is liable for the actual damages sustained.(4) Upon being sued for damages for an escape or rescue the sheriff may introduce evidence in mitigation and exculpation.