Higham v. City of Red Lodge

The District Court for the Thirteenth Judicial District, Carbon County, dismissed plaintiff Tom Higham’s tort and constitutional claims against defendant, in a partial summary judgment. It also denied Higham leave to file a third amended complaint. Higham appeals. We affirm.

Restated, the issues are:

1. Did the court err in granting summary judgment in defendant’s favor on the tort and constitutional claims?

2. Did the court err in denying Higham’s motion to be allowed to file a third amended complaint?

On May 23, 1984, Higham entered a written contract to haul garbage for the City of Red Lodge…