Sabow v. Pennington County

If the anatomy of this opinion were broken down, the opinion contains two salient parts: (1) procedural history and (2) legal citations. Unfortunately, such an anatomy does not tell the true story of this case.

I dissent, not because I disagree with the legal authorities herein cited, but rather because a recitation of those authorities assume that the facts of this case fit squarely within the authorities. By dissenting to the majority opinion, I simply would not take the procedural background and apply it, using a mechanical policy of adherence to the citations in the opinion.

I have…