07/18/2018

City of Miles City Summary Judgment Verdict

Moulton Bellingham obtained summary judgment in favor of the City of Miles City in addition to city officials dismissing all claims against them in a lawsuit brought by an employee. Heather Roos was a dispatcher with the City’s Police Department. The City ultimately terminated Roos’ employment following a thorough investigation into what appeared to be improper recording of the hours she was actually working, but the City Council later rescinded the termination and reinstated her. Roos sued the City and various officials for their actions in conducting the investigation. Roos asserted a number of claims including claims for negligence, defamation, spoliation, abuse of process, and violations of Montana’s Anti-Intimidation Act. The State District Court for Custer County rejected all of Roos’ arguments and granted the City and its officials summary judgment as to all of the claims. Attorneys Gerry Fagan and Peter Damrow handled the defense.

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