CASE FILE PRODUCTION: County Attorney made case file available to an agent of prisoner, not obligated to deliver the materials… Seeley affirmed (IOR I-3(c)). [Read more…]
Race/disability discrimination, $1,350,000 DT stress
DISCRIMINATION: $1,350,000 emotional distress award to Estate of Indian jail inmate who died of alcohol withdrawal reversed due to unlawful procedure by HRC, arbitrary/capricious rejection of HO’s findings… HO Spear’s original 0 order reinstated as final order… “unusual window” into HRC’s internal operations… Sherlock. [Read more…]
Jail negligence, alcohol withdrawal death
JAIL NEGLIGENCE: Hill Co. vicariously liable for any negligence attributable to Northern Montana Hospital as a cause of death of inmate from alcohol withdrawal… State not vicariously liable for any negligence for which Blaine, Hill, or NMH may be liable… Blaine not vicariously liable… summary judgment for NMH on 3rd-party contribution/indemnity claims asserted by Blaine & Hill… Plaintiff settled with NMH… Sandefur. [Read more…]
Verdict, $2, MVA investigation force/seizure/entry
VERDICT: $2 for Deputy’s unlawful entry into home, County/deputies not negligent in investigation or use of force during handcuffing in investigation of MVA, not liable for excessive force or unlawful seizure, State/trooper not liable for unlawful seizure or negligent investigation. [Read more…]
False arrest/imprisonment, counsel diligence/LR
FALSE ARREST/IMPRISONMENT: 10-count complaint stemming from citations for waste of game rejected on summary judgment… Plaintiffs’ counsel chastised for violating LR in filings, lack of due diligence in bringing claim… Christensen. [Read more…]
Disability discrimination, $1,350,000, irregularity
DISABILITY DISCRIMINATION: $1,350,000 for failure to provide medications to jail inmate who died from DTs voided by irregularities of HRC attorney meeting individually with members following hearing and prior to award, initial order by Spear finding no discrimination reinstated as final decision… Sherlock. [Read more…]