Except as provided in sections 24-10-104 to 24-10-106 and 24-10-106.3, sovereign immunity shall be a bar to any action against a public entity for injury which lies in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant. If a public entity raises the issue of sovereign immunity prior to or after the commencement of discovery, the court shall suspend discovery, except any discovery necessary to decide the issue of sovereign immunity and shall decide such issue on motion. The court's decision on such motion shall be a final judgment and shall be subject to interlocutory appeal.
Source: L. 71: p. 1207, § 1. C.R.S. 1963: § 130-11-8. L. 86: Entire section amended, p. 877, § 8, effective July 1. L. 92: Entire section amended, p. 1117, § 3, effective July 1. L. 2015: Entire section amended, (SB 15-213), ch. 266, p. 1039, § 4, effective June 3.
Cross references: For the legislative declaration in SB 15-213, see section 1 of chapter 266, Session Laws of Colorado 2015.
Structure Colorado Code
Article 10 - Governmental Immunity
§ 24-10-102. Declaration of Policy
§ 24-10-104. Waiver of Sovereign Immunity
§ 24-10-105. Prior Waiver of Immunity - Effect - Indirect Claims Not Separate
§ 24-10-106. Immunity and Partial Waiver
§ 24-10-107. Determination of Liability
§ 24-10-108. Sovereign Immunity a Bar
§ 24-10-109. Notice Required - Contents - to Whom Given - Limitations
§ 24-10-111. Judgment Against Public Entity or Public Employee - Effect
§ 24-10-112. Compromise of Claims - Settlement of Actions
§ 24-10-113. Payment of Judgments
§ 24-10-113.5. Attorney General to Notify General Assembly
§ 24-10-114.5. Limitation on Attorney Fees in Class Action Litigation
§ 24-10-115. Authority for Public Entities Other Than the State to Obtain Insurance
§ 24-10-115.5. Authority for Public Entities to Pool Insurance Coverage
§ 24-10-116. State Required to Obtain Insurance
§ 24-10-117. Execution and Attachment Not to Issue
§ 24-10-118. Actions Against Public Employees - Requirements and Limitations
§ 24-10-119. Applicability of Article to Claims Under Federal Law