JAIL DEATH: Defense verdict (95/5 negligence) meth overdose affirmed… Spaulding affirmed. [Read more…]
Verdict, $381,360 judgment, inmate who died of DTs
VERDICT: $681,000 gross to Estate of inmate who died of DTs, 41% fault by Hill Co., 15% fault by Blaine Co., 44% fault by settled party Northern Montana Hospital… $102,150 judgment against Blaine Co., $279,210 against Hill Co. [Read more…]
$550,000 settlement, jail suicide
SETTLEMENT: $550,000, jail suicide. [Read more…]
Excessive force arrest, Monell claim against County
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…]
Offer of judgment, accepted after non-final SJ
OFFER OF JUDGMENT for $50,000 plus costs & fees which §1983 Plaintiff accepted prior to 14-day deadline but following non-final summary judgment for Defendant properly enforced under plain text of Rule 68… Molloy affirmed. [Read more…]
Jail inmate alcohol withdrawal death, counties’ liability
JAIL INMATE ALCOHOL WITHDRAWAL DEATH: Entirety of longstanding case involving death from alcohol withdrawal syndrome dismissed as to Blaine Co. and most of case as to Hill Co. regarding vicarious liability for hospital’s conduct in turning him away as “playing” jailers because he did not want to be in jail… Cuffe. [Read more…]
Retaliation, county fair vendor application denial
RETALIATION: Claim that unsuccessful county fair vendor applicant was passed over for 2019 slot in retaliation for filing a discrimination claim against the County in 2015 rejected…. Administrative Decision, Caroline Holien. [Read more…]
Jail strip searches, constitutional/statutory challenges
JAIL STRIP SEARCHES: L&C Co. policy of suspicionless strip searches of everyone detained for traffic or minor offenses and placed in general population not violative of Art. II §§ 10 or 11, but violates plain language of §46-5-105 (2013), remanded for summary judgment on this issue for the 92 Plaintiff/Appellants… McMahon affirmed, reversed. [Read more…]
Immigration, burglar arrestee, Border Patrol detainer
IMMIGRATION: Burglar arrestee’s challenge of Border Patrol detainer request not moot after release from jail and into DHS custody… the detainer and jail’s actions in refusing release on bond constituted unauthorized arrest for civil immigration violation… Cuffe affirmed, reversed. [Read more…]
Vicarious hospital liability, jail inmate DT death
VICARIOUS LIABILITY: County in which inmate died from DTs not liable for hospital’s negligence… Sandefur reversed. [Read more…]