Jones v. Montana University System

¶56 I dissent from the Court’s decision. The Court evades the central issue of this case by analyzing the allegations set forth in Kelleher and Jones’s Second Amended Complaint in a mechanical and hypertechnical manner, contrary to our liberal pleading rules. As a result, the Court’s Opinion fails to address the substance of Kelleher *16and Jones’s primary allegations. For the reasons which follow, Kelleher and Jones stated a cognizable claim under the First Amendment, the District Court erroneously dismissed that claim, and the claim is now properly before us on appeal. I therefore would…