Kichnet v. Butte-Silver Bow County
2012 MT 68
Mont.2012Background
- Kichnet, age 19, babysat Eternity on 11/16/2006; Eternity died from blunt force trauma after crossing near a Head Start bus stop.
- Kichnet was arrested for deliberate homicide and jailed about two months; charges dropped 7/15/2007 when bus impact ruled out.
- Kichnet sued BSB and the State for negligent investigation and negligent arrest; asserted statutory immunity and public duty doctrine defenses.
- District Court granted summary judgment for the State and for BSB in 2011; Kichnet appeals.
- The dispositive issue on appeal is whether the District Court erred in granting summary judgment to BSB and the State.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Immunity of State medical examiner under statutes | Kichnet contends post-autopsy reporting not immunized | State immune under §§ 44-3-401 and 46-4-104; PDD applicable | Immunity applies; summary judgment for State affirmed |
| Negligent investigation and false imprisonment against BSB | BSB negligent in focusing on Kichnet and detaining him | Probable cause and PDD bar claims; investigation not negligent | Probable cause and proper investigation; summary judgment for BSB affirmed |
Key Cases Cited
- Gonzales v. City of Bozeman, 2009 MT 277, 352 Mont. 145, 217 P.3d 487 (Mont. 2009) (PDD analysis precedent; special relationships considered)
- State v. Hansen, 1999 MT 253, 296 Mont. 282, 989 P.2d 338 (Mont. 1999) (autopsy report as part of autopsy process; immunity context)
- State v. Bieber, 2007 MT 262, 339 Mont. 309, 170 P.3d 444 (Mont. 2007) (manner of death reported by medical examiner)
- State v. Stout, 2010 MT 137, 356 Mont. 468, 237 P.3d 37 (Mont. 2010) (autopsy report concluding manner of death; public duty context)
- Groves v. Croft, 2011 WL 5509028 (D. Mont. Nov. 10, 2011) (D. Mont. 2011) (probable cause as defense to false arrest/imprisonment)