What Will the Court Say About Religious Freedom?

LESLIE C. GRIFFIN

UNLV Boyd School of Law professor Leslie C. Griffin comments on the oral argument the U.S. Supreme Court heard this week in Espinoza v. Montana Department of Revenue, which presents the justices with questions about the meaning of the Free Exercise and Establishment Clauses of the First Amendment. Griffin describes the questioning by the justices and predicts that the outcome in this case will demonstrate how many justices still believe in the separation of church and state.

Read More

Spillers v. Third Judicial District Court

Citation: 2020 MT 8

Opinion Date: January 21, 2020

Judge: Beth Baker

Areas of Law: Civil Procedure, Civil Rights, Labor & Employment Law

The Supreme Court reversed the judgment of the district court holding that Montana law precluded a jury trial on Plaintiff's federal discrimination claims even though federal law allows a jury trial for federal claims, holding that the district court erred when it concluded that Montana procedural law applied under the Montana Human Rights Act (MHRA) and denied Plaintiff a jury trial on his federal claims. Plaintiff, who has a visual disability, brought claims alleging that the Montana Department of Public Health and Human Services engaged in intentional employment discrimination on the basis of his sex and/or disability, in violation of state and federal anti discrimination statutes. The district court concluded that state law precluded a jury trial on Plaintiff's federal discrimination claims because Montana's antidiscrimination statutes do not provide for a trial by jury and because state procedural rules govern procedures in state courts. The Supreme Court reversed, holding that Plaintiff's claims were separate and distinct from his state law claims and that Plaintiff had a right to a jury trial on his federal claims in state district court.

Frye v. Roseburg Forest Products Co.

Citation: 2020 MT 10

Opinion Date: January 21, 2020

Judge: Gustafson

Areas of Law: Civil Procedure, Labor & Employment Law

The Supreme Court affirmed the judgment of the district court denying Roseburg Forest Products Company's motion to set aside default judgment, holding that the district court did not slightly abuse its discretion in denying Roseburg's motion to set aside default judgment. Jerome Frye, a former employee at Roseburg, filed a complaint alleging violations of the Wrongful Discharge from Employment Act. The clerk of court entered default against Roseburg after Roseburg did not file an appearance or an answer to the complaint with the district court. Roseburg later moved to set aside the entry of default judgment. The district court denied the motion, determining that Roseburg failed to proceed with diligence and that Roseburg's neglect was not excusable. The Supreme Court affirmed, holding that Roseburg's neglect in answering the complaint was not excusable.

State v. Rodriguez

Citation: 2020 MT 9

Opinion Date: January 21, 2020

Judge: Mike McGrath

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court reversed the order of the district court reversing an order entered by the municipal court granting Appellant's motion to suppress and dismiss, holding that the district court erred in determining that the police officer possessed particularized suspicion to stop Appellant's vehicle based solely on the discrepancy between the vehicle's color and the color listed on the registration. The officer in this case conducted a traffic stop to investigate the color discrepancy between the vehicle and that listed on the registration. Appellant was charged with criminal possession of dangerous drugs and criminal possession of drug paraphernalia. Appellant filed a motion to suppress and dismiss, arguing that the officer lacked particularized suspicion that Appellant was engaged in car theft or other criminal activity necessary to justify the vehicle stop. The municipal court granted the motion and dismissed the case with prejudice. The district court reversed. The Supreme Court reversed, holding that, standing alone, the color discrepancy between Appellant's vehicle and that listed on the vehicle's registration was too thin to constitute particularized suspicion.

Barrus v. Montana First Judicial District Court

Citation: 2020 MT 14

Opinion Date: January 22, 2020

Judge: Shea

Areas of Law: Criminal Law, Health Law

The Supreme Court upheld a district judge's order allowing the Montana State Hospital (MSH) to involuntarily medicate Petitioner if he refused to take prescribed antipsychotic medication, holding that the district court did not err in finding that important governmental interests were at stake in this case and that involuntary medication was likely to render Petitioner competent to stand trial and was in Petitioner's best interest. Petitioner was charged with five felonies arising from an incident including the shooting death of a law enforcement officer. Petitioner was found mentally unfit to proceed to trial due to a mental disorder, and MSH proposed a treatment plan, including antipsychotic medication, to try to render Petitioner mentally fit to stand trial. Because Petitioner refused to take the medication the State requested the district court to take the medication or allow MSH to give him involuntary injections of the medication. The district court granted the State's motion. The Supreme Court affirmed, holding that the State met its burden of proving the relevant facts by clear and convincing evidence.