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Stanko v. Rowton10/30/2000
laims that his rights were violated or that his health was severely and adversely affected by the conditions of his detention at FCDC. Given that he was allowed access to trained medical personnel during the time of his incarceration, this should have been easy to do if his claims had merit. Vague testimony by the part-time public defender while undergoing questioning by Stanko about the relative paleness of Stanko's skin at different times during his incarceration does not meet Stanko's burden of proof.
The credibility of witnesses and the weight to be given their testimony are best determined by the trier of fact; disputed questions of fact and credibility will not be disturbed on appeal. State v. Ahmed (1996), 278 Mont. 200, 212, 924 P.2d 679, 686. If the evidence conflicts, it is within the province of the trier of fact to determine which will prevail. Ahmed at 212. Here, the District Court had numerous opportunities to weigh the substantive evidence presented by both sides, and to consider matters outside the pleadings. The court's findings are supported by substantial evidence and are not clearly erroneous. We find no fault with the court's determination that the FCDC meets the basic needs of prisoners.
In conclusion, the record shows the District Court carefully considered all of Stanko's allegations. Stanko asserts that he is not appealing the lower court's treatment of his motion for injunctive relief, stating that this part of his claim is moot. Finally, the District Court determined, and we concur, that Stanko did not comply with the requirements of the Montana Tort Claims Act. Furthermore, based on the provisions of ยง 2-9-108(2), MCA, the PLRA and the CRIPA, Stanko's constitutional, statutory and administrative claims were properly dismissed.
Affirmed.
JAMES C. NELSON
We Concur:
WILLIAM E. HUNT, SR.
W. WILLIAM LEAPHART
TERRY N. TRIEWEILER
KARLA M. GRAY
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