Montana Law Week

The Weekly Digest of Montana Law

Officer sexual assault, course & scope, FTCA

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OFFICER SEXUAL ASSAULT: Law enforcement officers do not as matter of law act outside scope of employment when they use their authority to sexually assault a person they are investigating, question is for trier of fact… answer to 9th Circuit certified question on appeal from Watters’s conclusion that BIA officer who assaulted tribal member was not in course & scope in FTCA case. [Read more…]

Judge substitution upon reversal of summary judgment

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JUDGE SUBSTITUTION: Municipal water condemnees improperly denied right of substitution upon reversal of summary judgment in attorney fees dispute… Townsend reversed. [Read more…]

Prisoners, “horrific treatment” of MSP mentally ill

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PRISONERS: Claims of “horrific treatment” of mentally ill MSP inmates improperly dismissed for failure to state claim under 8th Amendment and §1983… refusal to revisit ruling when advised that it was based on the wrong case requires reassignment to different judge on remand… Haddon reversed. [Read more…]

Equal protection, hospital PPA insurers

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EQUAL PROTECTION: Art. II § 4 general equal protection guarantee requires state action (1st impression), but whether PPAA activity constitutes state action not properly before the Court. . . uninsured hospital patient failed to properly allege similarly situated classes vis-à-vis patients insured by most favorable PPA insurers, not denied equal protection. . . insured status not a “social condition” for Art. II §4 analysis. . . Reynolds affirmed (other grounds). [Read more…]