Miller v. Fallon County

This appeal arises from an order by the District Court, Sixteenth Judicial District, Fallon County, Montana. The District Court granted summary, judgment in favor of defendant, concluding that plaintiff’s suit against Fallon County was barred because the county was statutorily immune from suit. Plaintiff appeals. We affirm.

The issues on appeal are:

1. Did the District Court err in granting summary judgment in favor of defendant Fallon County by determining that, pursuant to § 2-9-111, MCA, the County is immune from suit?

2. Is § 2-9-111, MCA, constitutional?

Cecil Miller was injured when his…