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COLLINS v. STATE, DEPT. OF JUSTICE

No. 87-339.

755 P.2d 1373 (1988)

Donald C. COLLINS, Plaintiff and Respondent, v. STATE of Montana, DEPARTMENT OF JUSTICE, DIVISION OF HIGHWAY PATROL and Clyde Lindell, Individually, Defendants and Appellants.

Supreme Court of Montana.

Decided May 12, 1988.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Helena, Kimberly A. Kradolfer, Asst. Atty. Gen., John H. Maynard, Helena, for defendants and appellants.

James A. Manley, Manley, Smith & Dupuis, Polson, for plaintiff and respondent.

GULBRANDSON, Justice.

The State of Montana (the State) and Clyde Lindell (Officer Lindell) appeal an order of summary judgment made by the Lake County District Court in favor of Donald C. Collins (Collins). The District Court awarded partial summary judgment to Collins on the issues of the defendants' liability for assault and battery and violation of Collins' United States and Montana constitutional rights. We reverse and remand with instructions to enter summary...

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