(1) A sheriff who suffers the escape of an individual arrested in a civil action, without the consent or connivance of the party in whose behalf the arrest or imprisonment is made, may be liable as follows: (a) 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; (b) 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; and (c) 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. (2) Upon being sued for damages for an escape or rescue, the sheriff may introduce evidence in mitigation and exculpation. (3) A person cannot maintain an action against the sheriff for a rescue or for an escape of a prisoner arrested upon an execution or commitment, if after that prisoner's rescue or escape and before the commencement of the action, the prisoner returns to the jail or is retaken by the sheriff or by any other person. Renumbered and Amended by Chapter 13, 2025 Special Session 1
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