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 he 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 :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 he 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 he is liable for the actual damages sustained. |
| (4) |
Upon being sued for damages for an escape or rescue he may introduce evidence in mitigation and exculpation. |
No Change Since 1953
