Hutchinson v. Moran

I respectfully dissent.

The plaintiff’s allegations against Silver Bow County state a claim based upon negligence while the allegations against Jefferson County charge false arrest, false imprisonment, assault and battery and several constitutional violations.

The Court in State ex rel. Kesterson v. District Court (Mont. 1980), 614 P.2d 1050, 1052, 37 St. Rep. 1278, 1280, stated:

“In Deaconess Hospital, two counties disclaimed liability for one hospital payment for a welfare patient. Because it was necessary to determine which of the counties was the residence of the patient, and thus liable,…