2-9-105. State or other governmental entity immune from exemplary and punitive damages. The state and other governmental entities are immune from exemplary and punitive damages.
Montana Code Annotated
Mont. Code Ann. § 2-9-105 (2026)
State Or Other Governmental Entity Immune From Exemplary And Punitive Damages
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TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION
CHAPTER 9. LIABILITY EXPOSURE AND INSURANCE COVERAGE
Part 1. Liability Exposure
State Or Other Governmental Entity Immune From Exemplary And Punitive Damages
History: En. 82-4332 by Sec. 6, Ch. 189, L. 1977; R.C.M. 1947, 82-4332.
Notes of Decisions
Cited in 10
cases (4 in the last 5 years), 1983–2026 · leading case: White v. State, 661 P.2d 1272 (Mont. 1983).
White v. State, 661 P.2d 1272 (Mont. 1983). “The State of Montana appeals from a summary judgment entered by the District Court of the Eighth Judicial District, Cascade County, which found section 2-9-104, MCA, limitation on governmental liability for damages in tort, and section 2-9-105, MCA, providing for state immunity…”
Seltzer v. Morton, 2007 MT 62, 154 P.3d 561. “” Pursuant to Section 18, the Legislature enacted § 2-9-105, MCA, which provides: “The state and other governmental entities are immune from exemplary and punitive damages.”
Crowell v. Sch. Dist. No. 7, 805 P.2d 522 (Mont. 1991). “We have pointed out that § 2-9-105, MCA, granting immunity from exemplary and punitive damages, has been carried forward without change for many years.”
Pfost v. State, 713 P.2d 495 (Mont. 1985). “State, supra, we upheld the provisions of § 2-9-105, MCA, to the effect that state and political entities are immune from awards of punitive damages, we find little more in the quoted legislative findings supporting § 2-9-107 than a legislative plea not to require the…”
Birkenbuel v. Montana State Comp. Ins. Fund, 687 P.2d 700 (Mont. 1984). “In White this Court upheld the constitutionality of section 2-9-105, MCA, which immunizes the State from punitive damage assessments.”
Martinez v. Asplundh Tree Expert Co., 803 S.E.2d 582 (W. Va. 2017). “Even though § 2-9-105, MCA, was in effect when the jury rendered its verdict in 1980, this Court held that the statute was not applicable to the case because it was enacted after the plaintiffs’ cause of action arose.”
Polejewski v. Cascade Co., 2023 MT 230N, 538 P.3d 865. “The District Court further dismissed her claim for punitive damages against the County as barred under § 2-9-105, MCA. Finally, the District Court granted the County’s motion on Polejewski’s claims of compensatory damages and municipal liability, explaining: Whatever Polejewski…”
Reinlasoder v. Colstrip, 2021 MT 127N. “5 The court further noted that, pursuant to § 2-9-105, MCA, the City is in any event immune as a matter of law from claims for exemplary/punitive damages.”
Gregory v. State of Montana, No. 4:20-cv-00051 (D. Mont. Feb. 7, 2022). “§ 2-9-105. The City, as a governmental entity, would enjoy immunity from having to pay punitive damages to Gregory.”
Est. of Daniel Keith Ross v. Gallatin Cnty. & John Does 5-10, No. 2:22-cv-00026 (D. Mont. Jan. 6, 2026). “The Estate argues that although Montana Code Annotated § 2-9-105 provides that governmental entities are immune from exemplary and punitive damages, this restriction is not applicable to a Section 1983 action.”
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