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Sacco v. High Country Independent Press2/14/1995
Decided May 19, 1995. Heard:
, 52 St.Rep. 407
Submitted February 16, 1995.
This is an appeal from several Eighteenth Judicial District Court, Gallatin County, orders on motions for summary judgment. We reverse and remand.
The following are issues on appeal:
I. Did the District Court err by granting Dighans' motion for summary judgment with respect to Sacco's claim that Dighans violated Sacco's civil rights under 42 U.S.C. ยง 1983?
II. Did the District Court err by granting Dighans' motion for summary judgment on the issue of negligent infliction of emotional distress?
III. Did the District Court err by granting the Sorlies', High Country Independent Press (HCIP's) and Dighans' motions for summary judgment on the issue of intentional infliction of emotional distress?
IV. Did the District Court err by granting the Sorlies' and HCIP's motion for summary judgment on the issue of defamation?
V. Did the District Court err by granting the Sorlies', Dighans' and HCIP's motions for summary judgment on the issue of malicious prosecution?
FACTUAL AND PROCEDURAL BACKGROUND
Parties
Since this case is being remanded for trial, it is not appropriate that we set forth the facts of this case in any more detail than is necessary to resolve the legal issues raised.
At the outset, however, we outline the parties to assist in an overall understanding of the case. The plaintiff, Dianne Poynter Sacco (Sacco) was employed at the High Country Independent Press newspaper in Belgrade, Montana, as a photographer/reporter. She left her position on October 19, 1989. High Country Independent Press, Inc. (HCIP), a corporation, owns the newspaper and Devon and Glenn Sorlie (Sorlies) are the officers and stockholders of HCIP. After Sacco left the employ of HCIP, the Sorlies made allegations to the Belgrade Police that Sacco had stolen proof sheets and photographs from the HCIP offices. Ricky Dighans (Dighans) is a sergeant with the Belgrade Police Department and was the investigating officer assigned to the case against Sacco brought as result of the Sorlies' allegations.
The following allegations form the basis of Sacco's complaint filed August 16, 1991:
1. "Between the dates of June 27, 1990 and December 31, 1990, Defendants HCIP and Sorlies maliciously conspired to bring a criminal prosecution against Plaintiff, and . . . instituted a criminal action against Plaintiff by supplying to Defendant Dighans false and misleading information." The false information was that the plaintiff stole certain photographic negatives and contact sheets from HCIP between October 19, 1989 and June 28, 1990.
2. Defendant Dighans swore to a complaint before the Belgrade City Judge, alleging that Sacco committed the offense of theft of photographic negatives and proof sheets and Dighans should have known that the information in the complaint was false. Dighans knew or should have known that the photographs and negatives were owned by the plaintiff. Further, Dighans knew or should have known that there was a lack of probable cause for any criminal prosecution.
3. Defendant Glenn Sorlie "falsely, maliciously, and with the intent of injuring Plaintiff and her reputation, informed Plaintiff's employer that Plaintiff had stolen several photographs from [HCIP]." Additionally, the Sorlies provided "additional false and misleading information to Belgrade City Attorney William Schreiber," which resulted in the continuation of criminal proceedings against Sacco. Glenn Sorlie also approached
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