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LOSLEBEN v. OPPEDAHL

No. 02-325.

83 P.3d 1271 (2004)

2004 MT 5

Richard J. LOSLEBEN, Plaintiff and Appellant, v. Jim OPPEDAHL, Jeff Bryson, Wayne Capp, and State of Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided January 28, 2004.

Attorney(s) appearing for the Case

For Appellant: Howard F. Strause and Lawrence A. Anderson, Great Falls, Montana.

For Respondents: Neil E. Ugrin and Mark F. Higgins, Ugrin, Alexander, Zadick & Higgins, P.C., Great Falls, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Plaintiff Richard J. Losleben (Losleben) appeals the February 28, 2002 order of the Eighth Judicial District Court, Cascade County, granting qualified immunity to Defendant Wayne Capp (Capp), dismissing Losleben's 42 U.S.C. § 1983 claim as to Defendant Capp, and denying Losleben's motion for partial summary judgment. We affirm and remand.

¶ 2 Losleben raises the following issues on appeal...

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