BOREEN v. CHRISTENSEN

No. 96-011.

930 P.2d 67 (1996)

Katharine S. BOREEN, f/k/a Katharine Selby, Plaintiff and Appellant, v. George CHRISTENSEN, a/k/a George P. Christensen, a/k/a "Chris" Christensen, and F. Guy Youngblood, acting individually and in the capacities of administrative officers of the Department of Military Affairs, State of Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided December 30, 1996.


Attorney(s) appearing for the Case

Peter Michael Meloy (argued); Meloy & Morrison, Helena, for Appellant.

Joseph P. Mazurek, Attorney General, James M. Scheier (argued), Ass't Attorney General, Helena, for Respondents.


LEAPHART, Justice.

Plaintiff Katharine S. Boreen (Boreen) appeals the September 14, 1995 Order of the First Judicial District Court, Lewis and Clark County, granting qualified immunity to Defendant F. Guy Youngblood (Youngblood) and dismissing Boreen's 42 U.S.C. § 1983 claim as to Defendant Youngblood. We affirm.

We consider the following issue on appeal:

Did the District Court err in granting Defendant Youngblood qualified immunity on the basis...

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