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NELSON v. DRISCOLL

No. 97-222.

983 P.2d 972 (1999)

1999 MT 193

Stephen NELSON, individually and as Personal Representative of the Estate of Trina Falcon Nelson, deceased, Plaintiff and Appellant, v. Mark DRISCOLL and Butte-Silverbow County, a political subdivision of the State of Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided August 12, 1999.

Attorney(s) appearing for the Case

Bernard J. "Ben" Everett, Knight, Dahood, McLean & Everett, Anaconda, Montana, for Appellant.

Brendon J. Rohan, Poore, Roth & Robinson, Butte, Montana, for Respondent.

Justice WILLIAM E. HUNT, Sr. delivered the Opinion of the Court.

¶ 1 Stephen Nelson (Stephen) brought this action in the Second Judicial District Court, Silver Bow County, against Police Officer Mark Driscoll(Officer Driscoll) and Butte-Silver Bow County (the County) (collectively the County) for the wrongful death and violation of the civil rights of Trina Falcon Nelson. The court granted summary judgment in favor of the County. Stephen appealed. We reverse...

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