White v. Flathead County

United States District Court, D. Montana, Missoula Division - July 5, 2023 - F.Supp.3d - 2023 WL 4347648

Arrestee brought § 1983 action against arresting officer, several other unnamed county sheriff’s deputies, and county, alleging that arresting officer and other county sheriff’s deputies used excessive force when they arrested him, that county was liable under Monell, that defendants violated arrestee’s right to privacy under the Montana constitution, that defendants were negligent, and that arresting officer’s conduct qualified as assault and battery under Montana law.

Defendants moved for summary judgment on Monell claim, and filed motion in limine seeking to exclude evidence and testimony of ongoing medical damages that purportedly resulted from the alleged constitutional violations.

The District Court held that:

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