24-10-119. Applicability of article to claims under federal law.

Statute text

The provisions of this article shall apply to any action against a public entity or a public employee in any court of this state having jurisdiction over any claim brought pursuant to any federal law, if such action 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 the claimant.

History

Source: L. 86: Entire section added, p. 882, 16, effective July 1 .

Annotations

 

ANNOTATION

Annotations

Reference to "courts of this state," was not intended to include federal courts hearing federal claims. Greiss v. Colo., 841 F.2d 1042 (10th Cir. 1988); Goodwin v. Debekker, 807 F. Supp. 101 (D. Colo. 1992).

Nothing in this section indicates that a federal court cannot apply the attorney fee provision, 24-10-110 (5)(c), to state claims over which it exercises supplemental jurisdiction. Robbins v. Jefferson County Sch. Dist. R-1, 186 F.3d 1253 (10th Cir. 1999).