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Blaine County v. Stricker

Blaine County v. Stricker, 2017 MT 80 (April 11, 2017) (Baker, J.) (5-0, aff’d and rev’d)

Issue: (1) Whether Judge Sherlock correctly concluded that the commission improperly modified the hearing officer’s findings; and (2) whether Judge Reynolds correctly concluded that Judge Sherlock erred.

Short Answer: (1) Yes, and (2) no.

Affirmed and reversed

Facts: Allen Longsoldier, Jr., an 18-year-old Native American, died from delirium tremens while in custody at the Hill County Detention Center. Longsoldier’s estate brought this case from the Human rights Bureau, alleging discrimination on the basis of race and disability. The hearing officer concluded the counties had not discriminated against Longsoldier. The estate appealed to the Human Rights Commission, which found clear error in the findings and concluded the counties had discriminated and remanded to the hearing officer to determine the appropriate relief.…

Hansen v. Bozeman Police Department

Hansen v. Bozeman Police Department, 2015 MT 143 (May 26, 2015) (McGrath, C.J.) (5-0, aff’d)

Issue: (1) Whether the district court erred in denying Hansen’s motion for leave to file an amended complaint; and (2) whether the district court properly granted summary judgment to the police department.

Short Answer: (1) No; and (2) yes.

Affirmed

Facts: Corey Hansen is a veteran who suffers from service-connected physical conditions, including a seizure disorder. He has a service dog that alerts him to oncoming seizures. In 2011, Hansen and some friends planned a visit to the C’Mon Inn in Bozeman. Hansen had a reservation and had stayed there with his service dog previously. He left copies of his dog’s certification papers on file at the hotel, and they were still on file when Hansen arrived to check in, accompanied by his service dog wearing the appropriate identification vest.…