Legal Opinion

Hopper v. Drysdale

District Court, D. Montana

Decided October 8, 1981No. CV-80-144-GFPublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM

HATFIELD, District Judge.

Plaintiff, Edwin S. Hopper, filed the present action seeking damages for what this court perceives as a tort for malicious abuse of process founded on the actions of the defendant attorneys. The actions complained of consist of the filing of notice and taking of the deposition of the plaintiff in a civil suit for the ulterior motive of having the plaintiff arrested for an outstanding contempt violation issued in an unrelated proceeding.

The defendants have countered by filing a motion for summary judgment contending, in essence, that the arrest complained of…

2Cases cited4 opinions

  1. Thornton v. RhodenCalifornia Court of Appeal · 1966
  2. Sachs v. LevyDistrict Court, E.D. Pennsylvania · 1963
  3. Hopper v. HopperMontana Supreme Court · 1979
  4. Mina v. MelnickDistrict Court, E.D. Pennsylvania · 1963

3Cited by16 opinions

  1. Nienstedt v. WetzelCourt of Appeals of Arizona · 1982
  2. Brault v. SmithMontana Supreme Court · 1984
  3. One Thousand Fleet Ltd. Partnership v. GuerrieroCourt of Appeals of Maryland · 1997
  4. Gordon v. Community First State BankNebraska Supreme Court · 1998
  5. Salminen v. Morrison & FramptonMontana Supreme Court · 2014

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