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KLEIN v. STATE

No. DA 06-0256.

185 P.3d 986 (2008)

2008 MT 189

Rebekah KLEIN, Plaintiff and Appellant, v. The STATE of Montana, by and through its MONTANA DEPARTMENT OF CORRECTIONS, Defendant and Appellee.

Supreme Court of Montana.

Submitted April 17, 2007.

Decided May 29, 2008.

Attorney(s) appearing for the Case

For Appellant: Tom W. Stonecipher (argued), Bridget White leFeber, Tarlow Stonecipher & Steele, PLLC, Bozeman, Montana.

For Appellee: Michael Richard King (argued), Special Assistant Attorney General, Helena, Montana.

For Amicus MEA-MFT, Montana Trial Lawyers Association, Montana AFL-CIO, Teamsters Union, Local 190, AFSME Montana State Council No. 9, Montana Nurses Association, Montana Public Employees Association, International Union of Operating Engineers, Local 400, International Brotherhood of Electrical Workers, Local 233: Karl J. Englund, Karl J. Englund, P.C., Missoula Montana, Stephen C. Bullock, Bullock Law Firm, Helena, Montana.

For Amicus Montana Defense Trial Lawyers Association: Jeff M. Hindoien, Gough, Shanahan, Johnson & Waterman, Helena, Montana.

For Amicus Montana League of Cities and Towns and Montana Association of Counties: Oliver H. Goe, Chad E. Adams, Browning, Kaleczyc, Berry & Hoven, P.C., Helena, Montana.

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

¶ 1 Appellant Rebekah Klein (Klein) appeals a grant of summary judgment in favor of the state of Montana, by and through its Montana Department of Corrections (DOC) in the First Judicial District Court, Lewis and Clark County. We affirm in part, reverse in part and remand for further proceedings consistent with this Opinion.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 Klein is a member...

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