Legal Opinion
State Ex Rel. Department of Justice v. District Court of the Eighth Judicial District
Montana Supreme Court
Decided December 27, 1976No. 13605, 13606PublishedCited by 38 opinions
1Opinion of the Court
MR. CHIEF JUSTICE JAMES T. HARRISON
delivered the opinion of the Court.
These two original proceedings were consolidated by order of this Court dated November 15, 1976. They present the same issue for our resolution: Can the Attorney General, the Department of Justice, or the State of Montana be sued for malicious prosecution in a civil action for damages?
On July 30, 1974, relators filed an information charging Gloria Eusek Carden with one count of grand larceny and two counts of forgery involving workmen’s compensation claims. This information was dismissed and replaced with a second…
2Cases cited6 opinions
- Imbler v. PachtmanSupreme Court of the United States · 1976
- Creelman v. SvenningWashington Supreme Court · 1966
- Noll v. City of BozemanMontana Supreme Court · 1975
- Storch v. Board of DirectorsMontana Supreme Court · 1976
- State Ex Rel. City of Helena v. DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT, IN AND FOR THE COUNTY OF LEWIS AND CLARKMontana Supreme Court · 1975
1 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Hulsman v. Hemmeter Development Corp.Hawaii Supreme Court · 1982
- Newville v. State, Dept. of Family ServicesMontana Supreme Court · 1994
- Calhoun v. City of ProvidenceSupreme Court of Rhode Island · 1978
- Blake v. RupeWyoming Supreme Court · 1982
- State Ex Rel. Mazurek v. District Court of Montana Fourth Judicial DistrictMontana Supreme Court · 1996
33 more not listed; retrieve them via the Exa API.