Stricker v. Blaine Cnty.

• Docket Number: DA 22-0656
• Decision Date: 07 November 2023
• Parties: SUMMER STRICKER, Personal Representative of the Estate of ALLEN J. LONGSOLDIER, JR., Plaintiff and Appellant, v. BLAINE COUNTY and HILL COUNTY, Defendants and Appellees.
• Court: Montana Supreme Court

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2023 MT 209

SUMMER STRICKER, Personal Representative of the Estate of ALLEN J. LONGSOLDIER, JR., Plaintiff and Appellant,
v.
BLAINE COUNTY and HILL COUNTY, Defendants and Appellees.

No. DA 22-0656

Supreme Court of Montana

November 7, 2023

Submitted on Briefs: August 16, 2023

Appeal From: District Court of the Eighth Judicial District, In and For the County of Cascade, Cause No. DDV-12-0937 Honorable Matthew Cuffe, Presiding Judge

For Appellant: Patrick F. Flaherty, Daniel J. Flaherty, Paul Gallardo, Flaherty Gallardo Lawyers, Great Falls, Montana

For Appellee Blaine County: Mark F. Higgins, Jennifer A. Morgan, County Litigation Group, Helena, Montana

For Appellee Hill County: Maureen H. Lennon, Molenda L. McCarty, County Litigation Group, Helena, Montana

OPINION

BETH BAKER JUSTICE

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¶1 This is the third appeal arising from the 2009 death of A. J. Longsoldier, Jr., while in the custody of Hill County, Montana. In the first appeal, we affirmed an administrative hearing officer's determination that neither Hill County nor Blaine County-where Longsoldier was arrested-discriminated against him on the basis of race or disability. Blaine Cty. v. Stricker, 2017 MT 80, ¶¶6, 11, 41, 387 Mont. 202, 394 P.3d 159 (Stricker I). In the second appeal, we reversed a district court ruling that Hill County could be held vicariously liable for the negligence of Northern Montana Hospital, where Longsoldier was treated during his detention. Stricker v. Blaine Cty., 2019 MT 280, ¶¶ 18-19, 398 Mont. 43, 453 P.3d 897 (Stricker II). Now, Longsoldier's Estate appeals the Eighth Judicial District Court's rulings granting both Counties summary judgment on the Estate's standalone claims of negligence and denying its cross-motion for partial summary judgment on liability. We reverse the District Court's determination that the Estate's negligence claim against Hill County is barred by principles of issue preclusion. We also reverse the court's ruling that the Estate may not pursue a negligence claim against Blaine County because Hill County had assumed responsibility for Longsoldier's custody and care. We affirm the District Court's denial of the Estate's motion for partial summary judgment on liability and remand the case for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

¶2 The extensive background of the circumstances leading to the present dispute has been set forth in Stricker Iand Stricker II. The facts and procedural history are not repeated here except as necessary to resolve this appeal.

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¶3 A Blaine County sheriff's deputy arrested Longsoldier on the morning of November 19, 2009. Stricker I, ¶ 6. The deputy transported Longsoldier to the Hill County Detention Center, where Blaine County's adult prisoners are held pursuant to an agreement between the Counties. Stricker I, ¶ 6. Longsoldier started experiencing symptoms of delirium tremens, or alcohol withdrawal syndrome, at the Detention Center. Stricker I, ¶ 7. On the evening of November 21, Hill County notified Blaine County that Longsoldier had not slept for three days, was hallucinating, was involuntarily detoxing, and needed to be transported to the Northern Montana Hospital for treatment. Stricker II, ¶ 3. A Blaine County sheriff's deputy went to the Detention Center and transported Longsoldier to the Hospital on November 21, at approximately 7:00 p.m. Stricker I, ¶ 8.

¶4 A doctor at the Hospital examined Longsoldier and gave him several medications but failed to diagnose Longsoldier's alcohol withdrawal syndrome. Stricker I, ¶ 8. The Hospital discharged Longsoldier with prescriptions for Cymbalta and Ativan but did not provide the six Ativan tablets the doctor ordered; the prescriptions were never filled. Stricker I, ¶ 8. Longsoldier returned to the Detention Center around 9:00 p.m. Stricker I, ¶8.

¶5 Shortly after Longsoldier returned from the Hospital, his condition worsened. Stricker I, ¶ 9. At around 2:30 a.m. on November 22, Hill County again called Blaine County authorities and requested that Longsoldier be returned to the Hospital for further treatment. Stricker II, ¶ 5. After speaking with a Hospital nurse, the Blaine County dispatcher advised the Detention Center there was nothing more the Hospital could do; Blaine County thus did not return Longsoldier to the Hospital. Stricker I, ¶ 6;

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Stricker II,¶5. The Detention Center later had an ambulance transport the worsening Longsoldier to the Hospital, where he died from delirium tremens around 2:00 a.m. on November 23. Stricker I, ¶ 10.

¶6 The Estate first filed a claim against the Counties and the Hospital with the Montana Human Rights Bureau (MHRB), alleging that the Counties and the Hospital discriminated against Longsoldier because of his race-Native American-and because of his disability-alcoholism. Stricker I, ¶ 11. After the Hospital settled with the Estate, the MHRB Hearing Officer heard the claims against the Counties during a four-day hearing in September 2011. Stricker I, ¶ 11. The Hearing Officer found "no evidence that [the Counties'] action or inactions . . . were the result of any discriminatory animus . . . toward either alcoholics or Native Americans." Stricker I, ¶ 11. The Hearing Officer therefore concluded that the Counties did not illegally discriminate against Longsoldier due to his race or disability. Stricker I, ¶ 11.

¶7 On the Estate's appeal, the Montana Human Rights Commission determined that two of the Hearing Officer's findings of fact were "clearly erroneous" and modified those findings. Stricker I, ¶ 12. The Commission remanded to the Hearing Officer to determine the appropriate relief. Stricker I, ¶ 12. After additional administrative proceedings, the Counties petitioned for judicial review of the Commission's final decision in the Estate's favor. Stricker I, ¶ 14. The District Court reversed the Commission's decision and reinstated the Hearing Officer's decision as the final agency decision. Stricker I, ¶ 14.

¶8 The Estate's motion to alter or amend came before a new district judge after the presiding judge retired. Stricker I, ¶15. The new presiding judge granted the motion and

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remanded to the Commission for further proceedings. Stricker I, ¶ 15. The parties cross-appealed the two District Court orders to this Court. Stricker I, ¶ 15. In Stricker I, we affirmed the Hearing Officer's initial decision as supported by substantial evidence that the Counties did not discriminate against Longsoldier. ¶¶ 30-31. We held, "[T]he Montana Human Rights Act is not a proper legal remedy for [Longsoldier's] suffering." Stricker I, ¶ 41.

¶9 While its Human Rights Complaint was pending, the Estate filed this negligence action in 2012 against the State of Montana, as well as Blaine and Hill Counties. Stricker II, ¶ 7. The Estate moved for partial summary judgment against both Counties, arguing they had a non-delegable duty to provide Longsoldier with reasonable medical care and therefore were vicariously liable for the medical negligence committed by the Hospital. Stricker II, ¶ 7. The District Court held in February 2015 that Hill County was vicariously liable for the Hospital's medical negligence but that Blaine County was not. Stricker II, ¶ 7. The parties did not argue, and the District Court did not address, Hill County's duties to Longsoldier for its own alleged negligence. Stricker II, ¶ 7. In the same order, the District Court granted Blaine County partial summary judgment, agreeing that it owed no duty to Longsoldier.^[1] The District Court thereafter stayed the proceedings pending resolution of the discrimination claims. Following our decision in Stricker I, the court held a scheduling conference to resume proceedings. Hill County then appealed the vicarious liability ruling after the District Court certified it as a final judgment for purposes of appeal.

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Stricker II, ¶¶ 7-8. We reversed the District Court and held that Hill County could not be held vicariously liable for the Hospital's medical negligence. Stricker II, ¶ 18.

¶10 Before the District Court on remand, the Estate moved for summary judgment against Hill County, arguing that Hill County breached its duties and obligations to involve medical personnel in the care of Longsoldier either by failing to bring medical personnel to the jail or by failing to transport Longsoldier to obtain needed medical care elsewhere. The Estate also moved for partial summary judgment against Blaine County, alleging that Blaine County is liable for its negligence in communicating to Hill County the Hospital's response to its inquiry and thereby failing to return Longsoldier to the Hospital.

¶11 Hill County cross-moved for summary judgment, arguing that the result of the discrimination action filed with the MHRB bars the Estate's negligence action under the theory of res judicata and/or collateral estoppel. Blaine County also moved for summary judgment against the Estate, again asserting that it owed no duty to Longsoldier.

¶12 Regarding Blaine County, the District Court found, "The only overt negligent act alleged in the Complaint against Blaine County is in the communication of information to and from the hospital to Hill County." Based on the Hearing Officer's factual determination that the Hospital's "nurse persuaded [the Blaine County] dispatcher Longsoldier was probably faking it and just wanted out of jail," the court found that it had been factually established that Blaine County was not negligent in communicating this information. The District Court further held that, "[a]ny duty for custody or care of A.J. Longsoldier was legitimately transferred to, and assumed by, Hill County" per the agreement between the Counties and awarded Blaine County judgment as a matter of law.

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¶13 Regarding Hill County, the District Court ruled that res judicata did not apply and that the Estate is not precluded from bringing its negligence claims. The District...