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…]
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…]
$1,359,000 jail DTs death, alcoholism disability
DISABILITY: $1,350,000, failure to provide medications to jail inmate who died from DTs… award on appeal from $300,000 award by Spear following remand from HRC reversal of defense [Read more…]
Race/disability, $300,000, jail DTs death
RACE/DISABILITY: $300,000, failure to provide medications to jail inmate who died from DTs… award on remand from HRC reversal of defense finding… Terry Spear. [Read more…]
$79,295 net, jail suicide
VERDICT: $79,295 net (53/47), jail suicide. [Read more…]
Disability, alcoholic inmate death
DISABILITY DISCRIMINATION: Failure to provide medications to jail inmate who died from DTs violated 49-2-308(1) and 49-3-205(1)… Spear reversed. [Read more…]
Briefing, inadequate briefing, jail suicide
BRIEFING: Supervisory control of Phillips denied as to denial of motion to strike affirmative defenses in jail suicide case for inadequate briefing… order. [Read more…]
Race/disability, prisoner medical care, DT death
RACE/DISABILITY DISCRIMINATION: Failure to provide timely medical care for a prisoner is failure to provide “Government Service”… prisoner with DTs which proved fatal was entitled to adequate medical care and was “otherwise qualified”… failure of jailers to return [Read more…]
Negligence, failure to seize gun from mental
NEGLIGENCE: Claims against County for deputies not confiscating assault pistol used by recently released mental patient to kill, [Read more…]
False arrest/imprisonment/wrongful discharge
FALSE ARREST/IMPRISONMENT/WRONGFUL DISCHARGE: Venue change based on publicity/marijuana bias properly denied… actions in hiring drug agent not relevant to false arrest claim… post-arrest evidence relevant to discharge claim, jury instructed not to use it to determine false arrest… sufficient probable cause for drug sting arrest of [Read more…]