Government Misconduct in Montana
We’re supposed to be able to trust that our elected officials and other public servants will act in a way that shows that they have our best interests at heart.
Unfortunately, too many instances of police brutality, prosecutorial misconduct, discrimination, fraud, theft, and more have increasingly happened in recent years that have proven that just because individuals are government officials, there can be some proverbial “bad apples in the bunch.”
Our legal team firmly believes that those who commit government misconduct shouldn’t be allowed to get away with harming others, especially under the financial backing of Montana taxpayers.
Whether you’ve witnessed illicit actions of government officials or have been directly affected by unlawful actions, know that you have a partner to help you defend your rights. Western Justice Associates, PLLC is here to help you seek compensation for what you’ve been through.
Contact us for a free consultation to discuss what government misconduct in Montana you’ve faced.
What Types of Actions Qualify as Misconduct?
Montana government agencies, including local jurisdictions, have an obligation to protect the civil rights of residents and visitors in employment, housing, policing, and many other situations. Circumstances in which sworn officers (like the police), local, state, or federal agents or employees, and others violate individuals’ rights, such as the following, may constitute misconduct.
Unlawful Policing, Incarceration, and Other Criminal Justice Actions
Law enforcement overstepping their bounds has become a hot-button issue in recent years. This is particularly true as it relates to falsely arresting or imprisoning individuals without having probable cause to do so or using excessive force (also known as police brutality) instead of more conservative ways to subdue a suspect.
Additional misconduct allegations arise out of jail or prison guard failures to adequately supervise incarcerated individuals. This may not only lead to them suffering mistreatment, leading to suicide, but also other inmate-caused catastrophic injuries and death.
There are also instances in which defendants have been wrongfully convicted of crimes in the police’s rush to identify a suspect and the prosecutors’ focus on securing a guilty verdict in a case.
Our attorneys advocate for exonerated individuals who had their civil rights violated as they spent valuable years of their lives behind bars for crimes they didn’t commit.
Fighting Back Against Government Immunity
Montana Code Annotated (MCA) 2-9-108 spells out how there are limitations on government liability when damages result from a tortious act. MCA 2-9-111 clarifies our state’s stance on immunity from lawsuits that stem from legislative acts being passed or omitted.
Per the Institute for Justice, a 1974 amendment to our state’s constitution did away with sovereign immunity. Sovereign immunity essentially means the government can’t be held liable for certain situations. However, as you can tell by reading the two state statutes listed above, certain filing requirements and limits of how much victims can recover, if anything, apply.
Our legal team ensures those who try to hold government wrongdoers accountable for their actions have the best chances of success in taking legal action and recovering what they deserve.
Individuals who come into knowledge about dishonesty or unethical behavior at private businesses or organizations may face repercussions, such as demotions, changes in their roles, or firings, after reporting what they witness.
However, perhaps even worse is when these whistleblowers report inappropriate actions carried out by government officials’ abuse of power, including discrimination, fraud, theft, or otherwise engaging in wrongdoing and not upholding public policy.
Montana laws is clear: retaliation for whistleblowing is illegal.
Legal remedies available to victims may include a restoration of job, back pay, and other types of damages.
Discrimination Based on Your Protected Status
From age to race, color, and national origin to religion, creed, and political belief, as well as marital status, disability, and sex.
These are the protected classes per the Montana Human Rights Act. This is our state law that makes it unlawful for insurance companies, academic institutions, landlords, employers, lenders, and others to take into consideration when making certain decisions, such as whether to rent to someone or promote them in the workplace.
There are many other federal laws, including the Americans with Disabilities Act (ADA) of 1990 and Title VII of the Civil Rights Act of 1964, that afford similar protections to individuals belonging to these protected classes.
An Attorney’s Role in Cases Involving Government Misconduct in Montana
Our firm was built on a strong commitment to advocating for those who’ve suffered injustices. We see our work in holding government officials accountable for their inappropriate and downright unlawful actions as protecting consumers, as we believe if we can rid the government of those few bad actors, we can make it function more in alignment with our best interests.
While we’ve tried to cover many of the different types of cases our firm handles above, we’re certain we haven’t captured every instance in which the government may overstep its boundaries and act in an imprudent and illegal way.
So, feel free to reach out to us if you’ve suffered some kind of injustice to see if we might be able to help. Should we deem you to have a valid claim, you may be eligible to file a civil rights lawsuit that allows you to recover different types of compensation, including compensatory and punitive damages.
An initial meeting to discuss government misconduct in Montana that you’ve faced with an attorney is completely free, and we don’t charge attorneys’ fees unless we recover a settlement for you.
So, give us a call or fill out our online form to speak with a lawyer today.