DRUGS/DUI: Arresting officer not precluded from testifying by alleged certification deficiencies… warrant to search truck supported by probable cause starting with scent of marijuana… accidental erasure of jail processing video insufficient to dismiss DUI… Laird affirmed. [Read more…]
Dispatcher timecard investigation, abuse of process
DISPATCHER TIMECARD INVESTIGATION: Abuse of process, defamation, Anti-Intimidation Act claims of dispatch supervisor investigated but not prosecuted for timecard fraud dismissed on summary judgment. . . Hayworth. [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claims affirmed… objection to supplemental jurisdiction waived but in any event properly exercised… Watters affirmed (unpublished).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…]
Costs on remand from $300,000 discharge reversal
COSTS properly awarded City on remand from reversal of $300,000 discharge verdict based on conclusion that JML should have been granted, despite MMIA obligation to pay costs… Fagg affirmed (IOR I-3(c)). [Read more…]
Excessive force/Terry stop, state law claims
EXCESSIVE FORCE/TERRY STOP: State law claims against officer and City relating to investigation of motorcyclists/motorist confrontation dismissed on summary judgment following 9th Circuit disposition of federal claims… Watters. [Read more…]
§1983, fired police chief
§1983 claims by fired police chief properly rejected… Haddon affirmed (unpublished). [Read more…]
Wrongful discharge, police chief, sexual harassment
WRONGFUL DISCHARGE: JML improperly denied for City based on uncontested evidence that Police Chief sexually harassed dispatcher… $300,000 verdict reversed… Fagg reversed. [Read more…]
Excessive force/Terry stop
EXCESSIVE FORCE/TERRY STOP claims against officer relating to investigation of motorcyclists/motorist confrontation should have been dismissed on summary judgment… Molloy reversed (unpublished). [Read more…]
Oil & gas, surface damage remedies
OIL & GAS: Surface owner not required to exhaust administrative remedy under Surface Damage Act before litigating damage claim in court… Simonton affirmed. [Read more…]
$300,000 verdict, wrongful discharge, police chief
VERDICT: $300,000, wrongful discharge, Colstrip Police Chief. [Read more…]