Collins v. State, Dept. of Justice

The State of Montana (the State) and Clyde Lindell (Officer Lin-dell) appeal an order of summary judgment made by the Lake County District Court in favor of Donald C. Collins (Collins). The District Court awarded partial summary judgment to Collins on the issues of the defendants’ liability for assault and battery and violation of Collins’ United States and Montana constitutional rights. We reverse and remand with instructions to enter summary judgment in defendants’ favor.

On November 29, 1984, Officer Lindell of the Montana Highway Patrol observed a vehicle driven in an erratic manner near…