HAVRE DAILY NEWS, LLC v. CITY OF HAVRE

No. 05-292.

142 P.3d 864 (2006)

2006 MT 215

HAVRE DAILY NEWS, LLC, a Washington Corporation; The Havre Daily News, Inc., a Montana Subchapter "S" Corporation; The Associated Press; The Montana Newspaper Association; The Great Falls Tribune; The Montana Broadcasters' Association; The Daily Interlake; The Bozeman Daily Chronicle; The Society of Professional Journalists, the Montana Pro Chapter; and The Missoulian, Plaintiffs and Appellants, v. The CITY OF HAVRE; Kevin Olson, in his capacity as Chief of Police for the City of Havre; Michael Barthel, in his capacity as Assistant Chief of Police for the City of Havre; Lt. George Tate, in his capacity as a member of the City of Havre's Police Department, Defendants and Respondents.

Supreme Court of Montana.

Decided August 30, 2006.


Attorney(s) appearing for the Case

For Appellants: John M. Shontz and F. Ron Newbury, J.M. Shontz & Assoc., Helena, Montana.

For Respondents: Mary VanBuskirk, Bosch, Kuhr, Dugdale, Martin & Kaze, PLLP, Havre, Montana.


Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 The Havre Daily News and other Montana newspapers (collectively, "the Newspaper") sued the City of Havre, Havre Police Chief Kevin Olson and other members of the Havre Police force (collectively, "Havre"), seeking dissemination of an unredacted initial "incident report" and the accompanying officer's "narrative." The Newspaper also requested the District Court to order Havre to develop and implement...

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