Weber v. State

Summary

The Montana Supreme Court reviewed Leslee Weber’s claims against the State of Montana arising from the removal of her children during a child-protection investigation. The court held that the State was immune under Montana Code Annotated § 41-3-203(1) because Weber failed to establish a genuine issue of material fact showing gross negligence or the knowing provision of false information. The court reversed the denial of summary judgment and affirmed judgment in favor of the State.

Holdings

1. The State was entitled to immunity because Weber failed to establish that the State employees acted with gross negligence, in bad faith, with malicious purpose, or knowingly provided false information.
2. The Department's decision not to interview Weber or other persons who might alert her to the investigation did not create a genuine issue of material fact concerning gross negligence.
3. Weber failed to establish a genuine issue of material fact that the investigator knowingly provided false information in support of the child-protection proceedings.

Questions Presented

1. Whether the State was entitled to statutory immunity under Montana Code Annotated § 41-3-203(1) because Weber failed to establish that the investigating employees were grossly negligent or knowingly provided false information.
2. Whether the summary-judgment record presented a genuine issue of material fact regarding gross negligence in the Department's investigation.
3. Whether the record presented a genuine issue of material fact regarding knowingly providing false information in the investigator's affidavit.

Disposition

other