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ROUSE v. ANACONDA-DEER LODGE COUNTY

No. 91-169.

817 P.2d 690 (1991)

James ROUSE, Plaintiff and Appellant, v. ANACONDA-DEER LODGE COUNTY, and Joseph Martelli, individually and in his capacity as law enforcement officer of Anaconda-Deer Lodge County, and Edward Cutler, individually and in his capacity as law enforcement officer of Anaconda-Deer Lodge County, Defendants and Respondents.

Supreme Court of Montana.

Decided September 11, 1991.

Attorney(s) appearing for the Case

Jay F. Lansing, Moses Law Firm, Billings, for plaintiff and appellant.

Jon R. Binney, Milodragovich, Dale & Dye, Missoula, for defendants and respondents.

McDONOUGH, Justice.

This appeal involves allegations of police brutality. The plaintiff James Rouse appeals the order of the Third Judicial District Court, Anaconda-Deer Lodge County, granting summary judgment to the defendants Anaconda-Deer Lodge County (County) and officers Joseph Martelli and Edward Cutler. The court granted the defendants' motion on the grounds that the plaintiff's claims were barred by the statute of limitations. We reverse and remand the case...

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