Archive | MAPA

RSS feed for this section

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.…