Ellenburg v. Wilson

Summary

The Montana Supreme Court affirmed an order enforcing a settlement agreement between inmate Michael Ellenburg and employees of the Montana Department of Corrections. The court held that the agreement was valid and enforceable, that the DOC defendants had not breached its terms, and that Ellenburg was required to dismiss his pending lawsuits. The memorandum opinion was designated noncitable under the court’s internal operating rules.

Holdings

1. A valid, enforceable contract existed because Ellenburg manifested assent to the settlement agreement by signing it and by later filing suit alleging its breach.
2. The defendants did not breach the settlement agreement because the agreement specified no date or time frame, and the August appearance occurred within a reasonable time after Ellenburg accumulated 120 days of clear conduct.
3. The parole plan submitted by the prison case manager complied with the settlement agreement because it contained the required language and did not include disciplinary information from the preceding twelve months.
4. The absence of a certificate of service did not invalidate the settlement agreement because contracts need not be formally served to be legally binding.
5. The court would not consider these arguments because Ellenburg failed to identify the challenged write-ups or discovery responses and failed to support his assertions with record citations as required by the appellate rules.

Questions Presented

1. Whether the District Court properly enforced the settlement agreement as an enforceable contract.
2. Whether the defendants breached the settlement agreement by not scheduling Ellenburg's parole appearance in July.
3. Whether the parole reports violated the settlement agreement by referring to Ellenburg's disciplinary history.
4. Whether the absence of a certificate of service rendered the settlement agreement nonbinding.
5. Whether Ellenburg adequately supported his claims concerning frivolous disciplinary write-ups and evasion of discovery requests.

Disposition

affirmed