DILLARD v. DOE

No. 91-227.

824 P.2d 1016 (1992)

Kelvin DILLARD, Plaintiff and Appellant, v. John DOE, and the State of Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided January 28, 1992.


Attorney(s) appearing for the Case

James A. Manley, Manley Law Offices, Polson, for plaintiff and appellant.

Marc Racicot, Atty. Gen., Betsy Brandborg, Asst. Atty. Gen., Helena, for defendants and respondents.


GRAY, Justice.

The appellant, Kelvin Dillard, appeals from an order of the District Court of the Twentieth Judicial District, Lake County, granting summary judgment in favor of the respondents, John Doe and the State of Montana. We affirm in part, reverse in part and remand for further proceedings.

The sole issue on appeal is whether the District Court erred in granting summary judgment to the respondents.

Early on the morning of January 9, 1989, the...

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