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S.M. v. R.B.

No. 90-184.

811 P.2d 1295 (1991)

S.M., J.A.M., M.M., J.K.M., and J.N.M., all individuals, Plaintiffs and Appellants, v. R.B., an individual, and Missoula School District no. 1, a political subdivision of the State of Montana, Defendants and Respondents.

Supreme Court of Montana.

Submitted on Briefs May 21, 1991.

Attorney(s) appearing for the Case

James P. O'Brien and Randolph J. Stevens, O'Brien Law Offices, Missoula, for plaintiffs and appellants.

Larry Jones; Garlington, Lohn & Robinson, Missoula, for defendants and respondents.

WEBER, Justice.

The complaint alleges that R.B., an educational aide for the Missoula School District, sexually assaulted four-year-old plaintiff S.M., who was enrolled in the Missoula School District special education program for the developmentally disabled. The defendants include the School District and the School District personnel involved in the special education program. The District Court for the Fourth Judicial District, Missoula County, granted defendants...

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