EXCESSIVE FORCE/TERRY STOP: Dismissal of state law claims against officer and City relating to investigation of motorcyclists/motorist confrontation properly dismissed on summary judgment following 9th Circuit disposition of federal claims affirmed… objection to supplemental jurisdiction waived but in any event properly exercised… Watters affirmed (unpublished). [Read more…]
Public duty, officer as sole cause of harm
PUBLIC DUTY: Certified question from 9th Circuit accepted as to whether Montana public duty doctrine shields an officer from negligence liability where he is the sole cause of the plaintiff’s harm… order. [Read more…]
Public duty, officer as cause of plaintiff’s harm
PUBLIC DUTY: Question certified as to whether Montana public duty doctrine shields an officer from negligence liability where he is the sole cause of the plaintiff’s harm, in appeal from ruling by Haddon that it does shield him… order. [Read more…]
Qualified immunity, detective bullying, suicide
QUALIFIED IMMUNITY: Detective entitled to immunity for allegedly bullying marijuana seller into suicide because law not clearly established at time of violation… Christensen reversed (unpublished). [Read more…]
Real estate development, “muddled & chaotic case”
REAL ESTATE DEVELOPMENT: Summary rulings in “muddled and chaotic case” in which no party substantially prevailed affirmed… no fees per prevailing party or derivative claim statute… Jones affirmed. [Read more…]
Wrongful arrest/excessive force
WRONGFUL ARREST/EXCESSIVE FORCE claims by assault Defendant against officer and City dismissed on summary judgment… Lynch/Morris. [Read more…]
Excessive force/Terry stop, state law claims
EXCESSIVE FORCE/TERRY STOP: State law claims against officer and City relating to investigation of motorcyclists/motorist confrontation dismissed on summary judgment following 9th Circuit disposition of federal claims… Watters. [Read more…]
Excessive force/Terry stop
EXCESSIVE FORCE/TERRY STOP claims against officer relating to investigation of motorcyclists/motorist confrontation should have been dismissed on summary judgment… Molloy reversed (unpublished). [Read more…]
Excessive force, shooting death of fleeing suspect
EXCESSIVE FORCE: Even if a jury could find officer shooting suspect fleeing in patrol car was not objectively reasonable because he was not a threat at the time he was shot and killed, Supreme Court law compels conclusion that the law on deadly force against fleeing vehicles was not clearly established, officer entitled to qualified immunity… “In my view, this case should be tried to a jury. However, in light of our Supreme Court cases on deadly force in car chases it won’t be.”… summary judgment for officer and City… Molloy. [Read more…]
Arbitration, debt relief services, 1-sided clause
ARBITRATION: Arbitrability of 1-sided debt relief services arbitration clause properly determined by Court, clause properly found unconscionable, unenforceable… Krueger affirmed. [Read more…]