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Jacobsen v. State4/28/1999
APPEAL FROM: District Court of the Second Judicial District, In and for the County of Silver Bow, The Honorable James Purcell, Judge presiding.
Submitted on Briefs: December 3, 1999
. Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent but shall be filed as a public document with the Clerk of the Supreme Court and shall be reported by case title, Supreme Court cause number, and result to the State Reporter Publishing Company and to West Group in the quarterly table of noncitable cases issued by this Court.
. Leo L. Jacobsen, former coroner for Butte-Silver Bow County, initiated this action by filing his complaint on March 3, 1994. He subsequently amended the complaint on June 10, 1994, alleging claims for malicious prosecution, intentional infliction of emotional distress, interference with economic advantage, a claim under 42 U.S.C. § 1983, respondeat superior, and negligent prosecution. Jacobsen later added a claim under 42 U.S.C. § 1985. He named as defendants the State of Montana, two of its investigators, Butte-Silver Bow and its Council of Commissioners among others.
. The District Court granted summary judgment in favor of the Butte-Silver Bow defendants in March 1997. While that motion was pending, Jacobsen served for the first time the State of Montana defendants. The State defendants then moved for summary judgment and, in response, Jacobsen sought leave to further amend his complaint as to the State defendants. On October 3, 1997, the District Court granted Jacobsen permission to amend his complaint and then granted the State defendants summary judgment.
. On October 21, 1997, the court entered judgment on both orders of summary judgment from which Jacobsen appeals. The State defendants cross-appeal the District Court's October 3, 1997, order allowing Jacobsen to amend his complaint as to the State defendants. We affirm.
. The following issues are dispositive of this appeal:
. "1. Did Butte-Silver Bow County exercise a valid grant of authority when it appointed Assistant Attorney General John P. Connor, Jr., as Special Deputy County Attorney pursuant to Resolution 1196? . "2. Were Jacobsen's malicious prosecution claims time barred by a two-year statute of limitation? . "3. Are the respondents protected from Jacobsen's malicious and negligent prosecution claims on the basis of prosecutorial immunity? . "4. Did the District Court err in granting summary judgment in favor of the respondents on Jacobsen's tort claims? . " 5. Did the District Court err in granting summary judgment in favor of the respondents on Jacobsen's civil rights claims? . "4. Should Jacobsen be required to pay his share of the costs of appellate mediation?"
. Since we are affirming the District Court's order granting summary judgment in favor of the respondents, we need not address the respondents' cross-appeal.
FACTUAL BACKGROUND
. Jacobsen was elected and served as coroner for Butte-Silver Bow County from November 1966 to October 1990. In 1988, County Commissioner Thomas Brophy initiated an investigation into several of Jacobsen's travel claims. Brophy presented the travel claims to the Butte-Silver Bow County Attorney for investigation. On December 6, 1989, at the request of the County Attorney, the Butte-Silver Bow Council of Commissioners passed Resolution 1196 to request the appointment and compensation of an attorney from the County Prosecutor Bureau of the Montana Department of Justice to assist in the investigation of and, if appropriate, the prosecution of a claim against Jacobsen. Pu
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