State v. District Court of the Thirteenth Judicial District

This case is before the Court on an application for a remedial writ filed by the State of Montana to prohibit further proceedings in the thirteenth judicial district court in Cause No. 65626, Azure v. City of Billings and State of Montana. The basic issue raised in this proceeding concerns the liability of a city and the state for the negligent acts of city police officers in view of Art. II, § 18, 1972 Montana Constitution and the Montana Comprehensive State Insurance Plan and Tort Claims Act, section 82-4301 et seq., R.C.M.1947 (hereinafter called Tort Claims Act).

The plaintiff in No.…