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DORWART v. CARAWAY

No. 01-199.

58 P.3d 128 (2002)

2002 MT 240

Russell Edward DORWART and Harry Dorwart, Plaintiffs, Appellants and Cross-Respondents, v. Paul CARAWAY, individually, and as a deputy in the Stillwater County Sheriff's Office; Danny Ames, individually, and as a deputy in the Stillwater County Sheriff's Office; Cliff Brophy, individually, and as Sheriff of Stillwater County, Montana; and County of Stillwater, State of Montana, Defendants, Respondents and Cross-Appellants.

Supreme Court of Montana.

Decided October 31, 2002.

Attorney(s) appearing for the Case

Gary R. Thomas, Thomas Law Office, P.C., Red Lodge, Montana, For Appellants.

Steven R. Milch, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, Montana, For Respondents.

Lawrence A. Anderson, Attorney at Law, Great Falls, Montana, For Amicus Montana Trial Lawyers Association.

Stanley T. Kaleczyc, Mary K. Giddings, Browning, Kaleczyc, Berry & Hoven, Helena, Montana, For Amicus Montana Defense Trial Lawyers Association.

Wade Dahood, Attorney at Law, Anaconda, Montana, For Amicus Bill of Rights Committee.

Justice TERRY N. TRIEWEILER delivered the Opinion of the Court.

¶ 1 This matter was previously before the Court in Dorwart v. Caraway, 1998 MT 191, 290 Mont. 196, 966 P.2d 1121 (Dorwart I). There, we held that the Plaintiffs' state constitutional rights to due process, privacy and the right to be free from unreasonable searches and seizures were violated. We remanded to the District Court for the Twenty Second Judicial...

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