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Jacobsen v. State4/28/1999
vestigated the case. Furthermore, Jacobsen did not respond to these arguments in a reply brief. Although it is true that the District Court did not engage in the type of functional analysis typically required in determining whether prosecutorial immunity applies, there was insufficient competent documentation for the District Court or this Court to establish a question of fact sufficient to defeat the respondents' motion for summary judgment.
. Thus, we conclude that the District Court did not err in holding that the defense of prosecutorial immunity barred Jacobsen's malicious and negligent prosecution claims.
ISSUE 4
. Did the District Court err in granting summary judgment in favor of the respondents on Jacobsen's tort claims?
Intentional Infliction of Emotional Distress
. To recover on a claim for emotional distress, Jacobsen must show, among other factors, that he suffered from severe emotional distress caused by the respondents' intentional acts. See Sacco v. High Country Independent Press (1995), 271 Mont. 209, 238, 896 P.2d 411, 429. In his opening brief to this Court, Jacobsen asserts that the respondents acted intentionally to cause him emotional harm. He contends that the District Court erred when it determined that his claim was based on the alleged invalidity of Resolution 1196. Rather, he contends that the basis of his claim was the respondents' intentional acts related to their investigation and prosecution of him.
. Butte-Silver Bow filed an affidavit of Robert McCarthy which established that all it did was adopt Resolution 1196 which placed full investigative and prosecutorial discretion in Heffron. Jacobsen did not file a counter-affidavit. The State argues that there are no allegations in the complaint which set forth liability on this count based on the conduct of the state employees. The State argues that Skuletich and Scott are immune from any liability on the basis of ยง 2-9-305, MCA, which provides immunity for state employees who act in the course and scope of their employment. The State further argues that it is immune from any liability which is derivative of the conduct of Heffron under the doctrine of prosecutorial immunity.
. On the basis of the record before us, we conclude that the District Court did not err in granting the respondents summary judgment on this issue. Jacobsen did not set forth sufficient facts to support a claim for intentional infliction of emotional distress under the requirements of Sacco.
Interference with Economic Advantage
. For Jacobsen to recover on a claim for interference with economic or business advantage, he must establish that the respondents acted with an unlawful purpose and that he suffered actual damages. See State Board of Dentistry v. Kandarian (1994), 268 Mont. 408, 416, 886 P.2d 954, 959. Jacobsen argues that he suffered economic and business damages when he was suspended from his position as coroner and when he failed to be re-elected as coroner. Although he acknowledges that he was paid retroactively after he was reinstated in his position as coroner, he contends that during the three months of his suspension he was without money to buy food, clothing, and other necessities. Jacobsen also alleges that his failure to be re-elected as coroner was due to the bad publicity he received in facing his prosecution.
. Our review of the record supports the District Court's decision on this issue. The respondents acted with a lawful purpose in prosecuting Jacobsen. He was ultimately reinstated as coroner and paid retroactively after he was acquitted. We further conclude that any claim that he lost his subsequent elec
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