Montana Law Week

The Weekly Digest of Montana Law

Excessive force arrest, Monell claim against County

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EXCESSIVE FORCE ARREST: Monell claim against County for deputy kicking Plaintiff in head while handcuffed and on ground dismissed for failure to show pattern/practice or ratification… Plaintiff’s treating doctor and nurse allowed to testify as to medical causation but only as long as opinions were formed during treatment… Molloy. [Read more…]

Retaliation, $377,944, Government Relations Director

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RETALIATION: Finding of retaliation against DOC Government Relations Director for participating in investigation of sexual harassment allegations against DOC Director affirmed except 1% growth rate applied rather than 2.5%, award reduced from $413,053 to $377,944… Vanisko affirmed as modified… HRC Final Agency Decision. [Read more…]

Speedy trial, 351 v. 579 days, traffic custody

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SPEEDY TRIAL: Clock started when Defendant became an accused the day arrest warrant was filed for charges stemming from pursuit, not when he was taken into custody for violations of conditional release from prior sentence, thus 351 days of relevant delay, not 579 as claimed… dismissal for lack of speedy trial properly denied… Christopher affirmed (memorandum). [Read more…]

Right to know, mining Bad Actor litigation

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RIGHT TO KNOW: Governor’s Office mandated to produce all requested public information in its possession notwithstanding that it overlaps pending mining Bad Actor litigation in which the requester is a party, may withhold individual documents it believes exempted on a recognized ground… pending litigation is not a recognized exception, discovery is not adequate alternative to right to know requests… mandamus denied as to DOA which does not maintain public records merely because it maintains computer systems in which they are stored… Abbott. [Read more…]

Restrictive covenants, barriers to building

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RESTRICTIVE COVENANTS: Myriad claims stemming from challenge to barriers to building in subdivision properly dismissed… DeSoto/Morris affirmed (memorandum). [Read more…]