12 Montana opinions name it 1 courts 1976–2024 2 in the last five years
The cases below were cited by Montana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Ronek v. Gallatin Countygreen2 sentences2009Thus, since “the legislature intended ... to waive the State’s immunity as to express contracts,” Peretti v. State, 238 Mont. 239, 245 , 777 P.2d 329, 333 (1989), it is incongruous for the State to assert immunity as a defense to an alleged express contract in this case. ¶24 The State relies on our observation in Rosenthal v. County of Madison, 2007 MT 277 , 339 Mont. 419 , 170 P.3d 493 , that “we have extended the doctrine of prosecutorial immunity to include county and state governments employing the prosecutors who find themselves named defendants in tort actions.” Rosenthal , ¶ 25 (citing 2009Thus, since “the legislature intended ... to waive the State’s immunity as to express contracts,” Peretti v. State, 238 Mont. 239, 245 , 777 P.2d 329, 333 (1989), it is incongruous for the State to assert immunity as a defense to an alleged express contract in this case. ¶24 The State relies on our observation in Rosenthal v. County of Madison, 2007 MT 277 , 339 Mont. 419 , 170 P.3d 493 , that “we have extended the doctrine of prosecutorial immunity to include county and state governments employing the prosecutors who find themselves named defendants in tort actions.” Rosenthal , ¶ 25 (citing | 2 | 5 |
State Ex Rel. Department of Justice v. District Court of the Eighth Judicial Districtgreen2 sentences2004Dept. of Justice v. District Court (1976), 172 Mont. 88 , 560 P.2d 1328 (the doctrine of prosecutorial immunity is not affected by Article II, Section 18); Koppen v. Board of Medical Examiners (1988), 233 Mont. 214 , 759 P.2d 173 (the doctrine of quasi-judicial immunity is not affected by Article II, Section 18). 2004Dept. of Justice v. District Court (1976), 172 Mont. 88 , 560 P.2d 1328 (the doctrine of prosecutorial immunity is not affected by Article II, Section 18); Koppen v. Board of Medical Examiners (1988), 233 Mont. 214 , 759 P.2d 173 (the doctrine of quasi-judicial immunity is not affected by Article II, Section 18). | 2 | 5 |
Koppen v. Board of Medical Examinersgreen2 sentences2009Thus, since “the legislature intended ... to waive the State’s immunity as to express contracts,” Peretti v. State, 238 Mont. 239, 245 , 777 P.2d 329, 333 (1989), it is incongruous for the State to assert immunity as a defense to an alleged express contract in this case. ¶24 The State relies on our observation in Rosenthal v. County of Madison, 2007 MT 277 , 339 Mont. 419 , 170 P.3d 493 , that “we have extended the doctrine of prosecutorial immunity to include county and state governments employing the prosecutors who find themselves named defendants in tort actions.” Rosenthal , ¶ 25 (citing 2009Thus, since “the legislature intended ... to waive the State’s immunity as to express contracts,” Peretti v. State, 238 Mont. 239, 245 , 777 P.2d 329, 333 (1989), it is incongruous for the State to assert immunity as a defense to an alleged express contract in this case. ¶24 The State relies on our observation in Rosenthal v. County of Madison, 2007 MT 277 , 339 Mont. 419 , 170 P.3d 493 , that “we have extended the doctrine of prosecutorial immunity to include county and state governments employing the prosecutors who find themselves named defendants in tort actions.” Rosenthal , ¶ 25 (citing | 2 | 3 |
Imbler v. Pachtmangreen2 sentences2007Imbler v. Pachtman, 424 U.S. 409, 423-24 , 96 S. Ct. 984, 992 (1976). ¶30 As the U.S. Supreme Court has held, the prosecutorial immunity doctrine requires a functional analysis of whether the prosecutor’s conduct was quasi-judicial rather than an emotional analysis of whether the prosecutor had malice. 2007Imbler v. Pachtman, 424 U.S. 409, 423-24 , 96 S. Ct. 984, 992 (1976). ¶30 As the U.S. Supreme Court has held, the prosecutorial immunity doctrine requires a functional analysis of whether the prosecutor’s conduct was quasi-judicial rather than an emotional analysis of whether the prosecutor had malice. | 1 | 2 |
Creelman v. Svenninggreen2 sentences2009Dept. of Justice, 172 Mont. at 92 , 560 P.2d at 1330 (emphasis added) (quoting Creelman v. Svenning, 67 Wash.2d 882 , 410 P.2d 606, 608 (1966)). 2009Dept. of Justice, 172 Mont. at 92 , 560 P.2d at 1330 (emphasis added) (quoting Creelman v. Svenning, 410 P.2d 606, 608 (Wash. 1966)). | 1 | 2 |
Kelman v. Loslebengreen2 sentences2024Prosecutorial immunity “extends to persons involved in prosecutorial or quasi-prosecutorial functions.” Kelman v. Losleben, 271 Mont. 156, 159 , 894 P.2d 955, 958 (1995) (citation omitted). 2024Prosecutorial immunity “extends to persons involved in prosecutorial or quasi-prosecutorial functions.” Kelman v. Losleben, 271 Mont. 156, 159 , 894 P.2d 955, 958 (1995) (citation omitted). | 1 | 1 |
Peretti v. Stategreen2 sentences2009Thus, since “the legislature intended ... to waive the State’s immunity as to express contracts,” Peretti v. State, 238 Mont. 239, 245 , 777 P.2d 329, 333 (1989), it is incongruous for the State to assert immunity as a defense to an alleged express contract in this case. ¶24 The State relies on our observation in Rosenthal v. County of Madison, 2007 MT 277 , 339 Mont. 419 , 170 P.3d 493 , that “we have extended the doctrine of prosecutorial immunity to include county and state governments employing the prosecutors who find themselves named defendants in tort actions.” Rosenthal , ¶ 25 (citing 2009Thus, since “the legislature intended ... to waive the State’s immunity as to express contracts,” Peretti v. State, 238 Mont. 239, 245 , 777 P.2d 329, 333 (1989), it is incongruous for the State to assert immunity as a defense to an alleged express contract in this case. ¶24 The State relies on our observation in Rosenthal v. County of Madison, 2007 MT 277 , 339 Mont. 419 , 170 P.3d 493 , that “we have extended the doctrine of prosecutorial immunity to include county and state governments employing the prosecutors who find themselves named defendants in tort actions.” Rosenthal , ¶ 25 (citing | 1 | 1 |
Lutheran Day Care v. Snohomish Countygreen2 sentences2009Cf. Lutheran Day Care, 829 P.2d at 755 ("[I]t is apparent that if the immunity of individual officers is in question, then the immunity of the local government which employs them is certainly in question."). 2009Cf. Lutheran Day Care, 829 P.2d at 755 (“[I]t is apparent that if the immunity of individual officers is in question, then the immunity of the local government which employs them is certainly in question.”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Steele v. McGregor
green
2 sentences2024Prosecutorial immunity helps to ensure that the public is not deprived of the benefit it enjoys from “officers exercis[ing] their functions unfettered by fear of legal consequences,” but it “extends only to acts within the scope of the actor’s jurisdiction and with the authorization of law.” Steele v. McGregor, 1998 MT 85, ¶ 26 , 288 Mont. 238 , 956 P.2d 1364 . ¶41 The threshold question here, therefore, is whether Swanson was acting in a quasi-judicial role, consistent with his statutory duties. 2024Prosecutorial immunity helps to ensure that the public is not deprived of the benefit it enjoys from “officers exercis[ing] their functions unfettered by fear of legal consequences,” but it “extends only to acts within the scope of the actor’s jurisdiction and with the authorization of law.” Steele v. McGregor, 1998 MT 85, ¶ 26 , 288 Mont. 238 , 956 P.2d 1364 . ¶41 The threshold question here, therefore, is whether Swanson was acting in a quasi-judicial role, consistent with his statutory duties. | 1 | 2024–2024 |
Renenger v. State
green
2 sentences2024We affirm the District Court’s order dismissing the individual defendants and holding the State of Montana as the only proper defendant. ¶10 “Prosecutorial immunity is an established immunity against civil liability.” Renenger v. State, 2018 MT 228, ¶ 9 , 392 Mont. 495 , 426 P.3d 559 . 2024We affirm the District Court’s order dismissing the individual defendants and holding the State of Montana as the only proper defendant. ¶10 “Prosecutorial immunity is an established immunity against civil liability.” Renenger v. State, 2018 MT 228, ¶ 9 , 392 Mont. 495 , 426 P.3d 559 . | 1 | 2024–2024 |
Pierson v. Ray
green
2 sentences2018Pierson v. Ray , 386 U.S. 547 , 554-55, 87 S.Ct. 1213 , 1217-18, 18 L.Ed.2d 288 (1967). ¶9 Prosecutorial immunity is an established immunity against civil liability. 2018Pierson v. Ray , 386 U.S. 547 , 554-55, 87 S.Ct. 1213 , 1217-18, 18 L.Ed.2d 288 (1967). ¶9 Prosecutorial immunity is an established immunity against civil liability. | 1 | 2018–2018 |
Rosenthal v. County of Madison
green
2 sentences2009Thus, since “the legislature intended ... to waive the State’s immunity as to express contracts,” Peretti v. State, 238 Mont. 239, 245 , 777 P.2d 329, 333 (1989), it is incongruous for the State to assert immunity as a defense to an alleged express contract in this case. ¶24 The State relies on our observation in Rosenthal v. County of Madison, 2007 MT 277 , 339 Mont. 419 , 170 P.3d 493 , that “we have extended the doctrine of prosecutorial immunity to include county and state governments employing the prosecutors who find themselves named defendants in tort actions.” Rosenthal , ¶ 25 (citing 2009Thus, since “the legislature intended ... to waive the State’s immunity as to express contracts,” Peretti v. State, 238 Mont. 239, 245 , 777 P.2d 329, 333 (1989), it is incongruous for the State to assert immunity as a defense to an alleged express contract in this case. ¶24 The State relies on our observation in Rosenthal v. County of Madison, 2007 MT 277 , 339 Mont. 419 , 170 P.3d 493 , that “we have extended the doctrine of prosecutorial immunity to include county and state governments employing the prosecutors who find themselves named defendants in tort actions.” Rosenthal , ¶ 25 (citing | 1 | 2009–2009 |
State v. Rardon
green
2 sentences2007State v. Rardon, 2005 MT 129, ¶ 18 , 327 Mont. 228, ¶ 18 , 115 P.3d 182 , ¶ 18 {Rardon III) (citing Rardon II, ¶ 18). 2007State v. Rardon, 2005 MT 129, ¶ 18 , 327 Mont. 228, ¶ 18 , 115 P.3d 182 , ¶ 18 {Rardon III) (citing Rardon II, ¶ 18). | 1 | 2007–2007 |
Emery v. Federated Foods, Inc.
green
2 sentences1994Emery v. Federated Foods (1993), 262 Mont. 83, 90-91 , 863 P.2d 426, 431 . 1994Emery v. Federated Foods (1993), 262 Mont. 83, 90-91 , 863 P.2d 426, 431 . | 1 | 1994–1994 |
Louis Siano v. Justices of Massachusetts
green
1 sentence1987“Prosecutorial immunity does not reflect judicial or social approval of prosecutorial misconduct, but rather reflects a balance between an individual’s right to be treated fairly by prosecutors and society’s need to keep the criminal justice system functioning without undue interference and protracted delay.” Siano v. Justices of Massachusetts, (1st Cir. 1983), 698 F.2d 52, 57 . | 1 | 1987–1987 |
Aldrich v. Kansas
green
1 sentence1987Cert. denied (1983), 464 U.S. 819 , 104 S.Ct. 80 , 78 L.Ed.2d 91 . | 1 | 1987–1987 |
Siano v. Justices of Massachusetts
green
1 sentence1987Cert. denied (1983), 464 U.S. 819 , 104 S.Ct. 80 , 78 L.Ed.2d 91 . | 1 | 1987–1987 |
O'Brien v. Wilcox & Schlosser Co.
green
1 sentence1987Cert. denied (1983), 464 U.S. 819 , 104 S.Ct. 80 , 78 L.Ed.2d 91 . | 1 | 1987–1987 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.