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NOT AFRAID v. STATE

No. DA 15-0093.

362 P.3d 71 (2015)

2015 MT 330

Cyril NOT AFRAID, Jr., Plaintiff and Appellant, v. STATE of Montana, County of Yellowstone, City of Billings, et al., Defendants and Appellees. Yellowstone County, and City of Billings, Third-Party Plaintiffs, v. Jeremy Flatmouth, Third-Party Defendant, and Appellee.

Supreme Court of Montana.

Decided December 1, 2015.

Attorney(s) appearing for the Case

For Appellant: Edward P. Moriarity , Shandor S. Badaruddin , Moriarity & Badaruddin, PLLC, Missoula, Montana.

For Appellees: Scott Twito , Yellowstone County Attorney, Ryan Nordlund , Kevin Gillen , Deputy Yellowstone County Attorneys, Billings, Montana (for Yellowstone County), Harlan B. Krogh , Crist, Krogh & Nord, LLC, Billings, Montana (for City of Billings), Calvin J. Stacey , Stacey & Funyak, Billings, Montana (for State of Montana), Penelope S. Strong , Attorney at Law, Billings, Montana (for Jeremy Flatmouth).

¶ 1 Cyril Not Afraid Jr. appeals the orders of the Thirteenth Judicial District Court, Yellowstone County, granting summary judgment to the State of Montana, Yellowstone County, and the City of Billings (collectively Defendants). We restate the issue on appeal as follows:

Whether...

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