17-22-17. Escapes -- Sheriff's liability. 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. (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.
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