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Bassett v. Lamantia

United States Court of Appeals, Ninth Circuit

May 24, 2017

Robert D. Bassett, Plaintiff-Appellant,
v.
Paul Lamantia; City of Billings, Defendants-Appellees.

         D.C. No. 1:13-cv-00091-SEH

          Before: Alex Kozinski and William A. Fletcher, Circuit Judges, and Frederic Block, [*] Senior District Judge.

         SUMMARY [**]

         Montana Law

         On 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?

          ORDER

         Pursuant 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.

         I. The Parties

         Plaintiff-appellant Robert D. Bassett, will be the appellant before the Montana Supreme Court. Defendants-appellees Paul Lamantia and City of Billings will be the respondents.

         The names and addresses of counsel for the parties are as follows:

         R. Russell Plath, Russ Plath Law, LLC, 2601 Minnesota Avenue P.O. Box 1337, Billings, Montana 59103, for appellant.

         Brendon J. Rohan, Poore, Roth & Robinson, P.C., 1341 Harrison Avenue, Butte, Montana 59701, for respondent Paul Lamantia.

         Harlan 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.

         II. ...


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