Robert D. Bassett, Plaintiff-Appellant,
Paul Lamantia; City of Billings, Defendants-Appellees.
Before: Alex Kozinski and William A. Fletcher, Circuit
Judges, and Frederic Block, [*] Senior District Judge.
appeal from the district court's summary judgment in an
action in which plaintiff alleged he was injured by a City of
Billings police officer, the panel certified the following
question to the Montana Supreme Court:
Whether, under Montana law, the public duty doctrine shields
a law enforcement officer from liability for negligence where
the officer is the direct and sole cause of the harm suffered
by the plaintiff?
to Rule 15 of the Montana Rules of Appellate Procedure, we
certify to the Montana Supreme Court the question of law set
forth in Part II of this order. The answer to this question
may be determinative of a case pending before this court, and
there is no controlling precedent in the decisions of the
Montana Supreme Court.
Robert D. Bassett, will be the appellant before the Montana
Supreme Court. Defendants-appellees Paul Lamantia and City of
Billings will be the respondents.
names and addresses of counsel for the parties are as
Russell Plath, Russ Plath Law, LLC, 2601 Minnesota Avenue
P.O. Box 1337, Billings, Montana 59103, for appellant.
J. Rohan, Poore, Roth & Robinson, P.C., 1341 Harrison
Avenue, Butte, Montana 59701, for respondent Paul Lamantia.
B. Krogh and Eric Edward Nord, Crist, Krogh, Butler &
Nord, LLC, 2708 1st Avenue North, Suite 300, Billings,
Montana 59101, for respondent City of Billings.