Hartsoe v. Christopher
2013 MT 57
| Mont. | 2013Background
- Hartsoe, appearing pro se, filed a civil action against Judge Christopher in Lake County on August 9, 2011 alleging violations of constitutional rights.
- Judge Christopher voluntarily appeared in January 2012 and moved for summary judgment based on judicial immunity and the doctrines of res judicata and collateral estoppel.
- The District Court held a hearing on March 27, 2012 and granted summary judgment, denying Hartsoe’s request to delay until service of process and relying on § 2-9-112(2) MCA and various authorities.
- The court took judicial notice of Hartsoe v. Heisel (Hartsoe’s related federal case), where a federal judge likewise found Judge Christopher entitled to judicial immunity and dismissed the complaint.
- Hartsoe appealed the district court’s grant of immunity and asserted errors under Rule 4(t) of the Montana Rules of Civil Procedure; the appellate briefing did not substantively support this argument.
- The Supreme Court of Montana affirmed the district court, concluding that Hartsoe’s claims were barred by res judicata and that judicial immunity applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the district court err by granting summary judgment on judicial immunity? | Hartsoe argues immunity does not apply. | Christopher is absolutely immune for judicial acts. | Yes, immunity applied; no error. |
| Are Hartsoe's claims barred by res judicata? | Hartsoe argues previous federal proceedings did not resolve these claims. | Hartsoe’s claims were already litigated and decided. | Yes, res judicata bars relitigation. |
Key Cases Cited
- Hartsoe v. McNeil, 366 Mont. 335, 286 P.3d 1211 (Mont. 2012) (Judicial immunity applies to judges for acts in their official capacity)
- Silvestrone v. Park Co., 339 Mont. 299, 170 P.3d 950 (Mont. 2007) (Immunity and public policy considerations for judicial actions)
- Steele v. McGregor, 288 Mont. 238, 956 P.2d 1364 (Mont. 1998) (Established principles of judicial immunity)
- Mead v. McKittrick, 223 Mont. 428, 727 P.2d 517 (Mont. 1984) (Foundational discussion of judicial immunity)
- Olsen v. Milner, 364 Mont. 523, 276 P.3d 934 (Mont. 2012) (Res judicata elements; end of litigation and economy of single action)
- Wiser v. Mont. Bd. of Dentistry, 360 Mont. 1, 251 P.3d 675 (Mont. 2011) (Res judicata as an issue of law; correct application on appeal)