MEDICAL EXAMINERS: Supervisory control denied as to Judge Krueger’s denial of Rule 12(b)(6) motion for dismissal from action alleging negligence and private & public nuisance for failing to deny or terminate license of psychiatrist who allegedly prescribed improper meds… public duty/quasi-judicial immunity arguments more properly first developed and argued below… order. [Read more…]
County road, constitutional taking, no litigation expenses
COUNTY ROAD: County’s use of road not a constitutional taking since it acted under claim of right in removing berm, owner not entitled to compensation under US or Montana Constitution… owner not entitled to litigation expenses since owner and County both prevailed and lost… trial costs awarded prior to earlier appeal improperly continued in remand proceeding… Spaulding affirmed, reversed. [Read more…]
Collateral attack of rape sentence
COLLATERAL ATTACK of rape conviction by civil suit barred by collateral estoppel. . . Dayton affirmed (IOR I-3(c)). [Read more…]
Excessive force/Terry stop, state law claims
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claims affirmed… objection to supplemental jurisdiction waived but in any event properly exercised… Watters affirmed (unpublished).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…]
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…]
Public road, Modesty Creek rehearing denied
PUBLIC ROAD: Rehearing denied as to Modesty Creek Road rulings… order. [Read more…]
Public road, statutory, prescriptive, reverse adverse
PUBLIC ROAD: Lower branch properly found to have been statutorily created… any public prescriptive easement to upper branch extinguished by reverse adverse possession… Krueger affirmed, reversed. [Read more…]
Defense verdict, dog bite
VERDICT: Defense, no County liability for bite by dog that had previously bitten shelter worker. [Read more…]
Medical records privacy, comp surveillance video
MEDICAL RECORDS PRIVACY: Letter from doctor to MSF expressing concern about surveillance video was authorized communication, not breach of privacy or physician/patient, not knowingly assisting in fraud prosecution… claims against doctor properly dismissed on summary judgment… Fagg affirmed. [Read more…]