Legal Opinion

Gonzales v. City of Bozeman

Montana Supreme Court

Decided August 24, 2009No. DA 08-0566PublishedCited by 17 opinions

1Opinion of the CourtChief Justice McGRATH

¶1 Leah Gonzales appeals from the July 30, 2008, orders of the District Court of the Eighteenth Judicial District Court, Gallatin County, granting summary judgment to the defendants. We affirm.

¶2 Gonzales raises several issues on appeal that we restate as follows:

¶3 Issue One: Whether the District Court properly concluded that the public duty doctrine bars Gonzales’ claims.

¶4 Issue Two: Whether Gonzales was unlawfully arrested.

PROCEDURAL AND FACTUAL BACKGROUND

¶5 On the evening of April 3, 2005, Gonzales was the lone clerk at a Town Pump store on East Main Street in Bozeman, Montana. At 9:55…

2Cases cited13 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. United States v. SharpeSupreme Court of the United States · 1985
  3. Gallegos v. City of Los AngelesCourt of Appeals for the Ninth Circuit · 2002
  4. State v. TackittMontana Supreme Court · 2003
  5. Nelson v. DriscollMontana Supreme Court · 1999

8 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Brad v. City of MissoulaMontana Supreme Court · 2009
  2. Bassett v. LamantiaMontana Supreme Court · 2018
  3. Renenger v. StateMontana Supreme Court · 2018
  4. Kent v. City of Columbia FallsMontana Supreme Court · 2015
  5. Gatlin-Johnson Ex Rel. Gatlin-Johnson v. City of Miles CityMontana Supreme Court · 2012

12 more not listed; retrieve them via the Exa API.

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