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BROWN v. DEPARTMENT OF CORRECTIONS

No. 04-305.

108 P.3d 498 (2005)

2005 MT 58

326 Mont. 231

Anthel BROWN, Petitioner and Appellant, v. DEPARTMENT OF CORRECTIONS, Defendant and Respondent.

Supreme Court of Montana.

Decided March 8, 2005.

Attorney(s) appearing for the Case

For Appellant: Anthel Brown, pro se.

For Respondent: Honorable Mike McGrath, Montana Attorney General, Diana Leibinger Koch, Special Assistant Attorney General, Helena, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Anthel Brown, appearing pro se, appeals the District Court's dismissal of his petition for injunctive relief against the Department of Corrections ("DOC"). We reverse and remand.

ISSUE

¶ 2 Did the District Court err when it dismissed Brown's petition for injunctive relief on the grounds that his claim was res judicata?

FACTUAL AND PROCEDURAL BACKGROUND...

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