He received three days of testimony by telephone from Claimant and two days of testimony and argument on paper by Claimant. In summary, Claimant's case against the County is based on the following claims: Claimant's claim of being physically assaulted by two deputies of the Yellowstone County OPA was shown to be without foundation. Claimant alleged that one of the deputies threatened her with a Taser gun, used vulgarities at her and that she was struck with his flashlight while she was in handcuffs. No such event occurred and Claimant was not injured. Claimant alleges that the other deputy threatened her with an AR-15 rifle and then placed his knee on her neck during a “choke hold” that she was not able to control during her physical arrest of her son. Claimant asserts that this event was a battery incident that caused a laceration on the neck. Claimant's claim of having been assaulted by the Yellowstone County OPA with a shotgun during a domestic violence call is not supported. Claimant does not allege any physical assault on her son with a shotgun. An AR-15 was placed on a shelf at the defendant's home to conceal the shotgun. While Claimant was talking with the defendant, two deputies stood outside the house. Claimant contends that by holding a lighted flashlight next to her head, the suspect threatened to shoot her, and she was not able to escape from the situation. Claimant also asserted that this action was a battery incident and also cited that the defendant had thrown the AR-15, a gun, in Claimant's face and threatened physical harm to Claimant with the gun. There was also other damage. However, Claimant does not contend any assault with a shotgun. After hearing the arguments, the undersigned Hearing Officer determined that Claimant did not have standing to sue over the alleged assault with a shotgun. He found that Claimant could not establish a cause of action against the two deputies on the basis of their actions on October 3, 2007. He found that Claimant was not a citizen of Montana when she was physically assaulted by the deputies on that day. The OPA did not act without authority or exceeded jurisdiction by punishing Claimant. Claimant's claim of malicious prosecution may be made against the County and the individuals acting for the County on the day in question, but it must be shown that the conduct of those individuals is intended to cause a specific result or that the actual result was intended to be the intended result and has the requisite connection to the alleged conduct.
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BEFORE THE BOARD OF PUBLIC ASSISTANCE APPEALS STATE OF MONTANA In the Matter of the Fair Hearing of Claimant)))) FAIR HEARING DECISION Case No. 08-0230 Claimant (Claimant) appealed from determinations
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