JAIL DEATH: $681,000 gross verdict 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, affirmed over challenge to retired ER doctor as med-mal expert and inclusion of NMH on special verdict form… $102,150 judgment against Blaine Co., $279,210 against Hill Co., affirmed… Olson affirmed. [Read more…]
Jail death, defense (95/5 negligence), meth overdose
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…]
Judge substitution, successor to retired Judge
JUDGE SUBSTITUTION: Party seeking to substitute successor to retired Judge had actual notice of successor, untimely motion properly denied despite no formal notice… Bonilla affirmed (memorandum). [Read more…]
Jail negligence, inmate who died from DTs
JAIL NEGLIGENCE claims by Estate of inmate who died of DTs not precluded by HRB findings of no race or alcohol disability discrimination… fact issues remain as to liability of Counties… Cuffe reversed, affirmed. [Read more…]
Traffic stop, unreasonable stop & prolong for dog sniff
TRAFFIC STOP: No reasonable cause for stop of parked car on closed road at 11:30 p.m. or for prolonging stop “after not a hint of criminal activity” to allow for removing all persons from the car and conducting a “free air” K9 sniff… paraphernalia (THC pen) conviction reversed… Andrew Huff reversed. [Read more…]
Criminal Contempt, Judge charging and trying Clerk
CRIMINAL CONTEMPT improperly charged by Judge (not Prosecutor) against Tribal Court Administrator/Clerk, tried by same Judge, $100 fine levied in personnel matter… Chief Judge Coffee reversed… order. [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…]
Marital, sanctions warranted but not to extent imposed
MARITAL: Wife’s failure to timely respond to discovery warranted sanctions but not to the extent of awarding husband virtually all the estate without proper consideration of §202 factors… Cybulski reversed (memorandum). [Read more…]
Malicious pros, unfounded complaint against accountant
MALICIOUS PROSECUTION and other claims against County stemming from unfounded complaint of operating as accountant without a license in racially charged situation properly dismissed for failure to state a claim… Oldenburg affirmed (IOR I-3(c)). [Read more…]
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