Great Falls & MontanaCivil Rights
Great Falls & Montana Civil Rights Lawyers: Jail Deaths, In-Custody Injuries, Excessive Force and Section 1983 Claims
Boland Aarab PLLP.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
If a person was seriously injured or died in a Montana jail, or was hurt by excessive force from police or corrections officers, the family or the injured person may have a civil rights claim under 42 U.S.C. § 1983, along with claims under Montana law. These cases turn on detailed federal standards, government-liability rules and evidence that must be preserved quickly.
Key Takeaways
On this page: Section 1983 · Jail deaths and injuries · Excessive force · Suing the county · Qualified immunity · Montana claims · Estate of Alexander · Deadlines · Why Boland Aarab · FAQ
Lost a family member in custody, or hurt by excessive force? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
What is a Section 1983 civil rights claim?
It is a federal lawsuit for damages against those who, acting with government authority, violate a person’s constitutional rights.
Congress enacted the statute now codified at 42 U.S.C. § 1983 after the Civil War. It makes “every person” who, under color of state law, subjects another to “the deprivation of any rights, privileges, or immunities secured by the Constitution and laws” liable to the injured party (42 U.S.C. § 1983). In a successful case, the court may also award the prevailing party a reasonable attorney’s fee (42 U.S.C. § 1988).
Defendants in these cases may include:
- Individual officers: jail staff, sheriff’s deputies, police officers and supervisors.
- Counties and cities, when their own policies or customs caused the violation.
- Private contractors that perform government functions, such as jail medical providers, depending on the facts.
What rights do people have in a Montana jail?
People held in a jail keep constitutional rights, including the right to reasonable safety, to adequate medical and mental health care, and to be free from excessive force.
The applicable standard depends on the person’s status:
| Pretrial detainee (not convicted) | Convicted prisoner |
|---|
| Source of the right | Fourteenth Amendment Due Process Clause | Eighth Amendment ban on cruel and unusual punishment |
| Excessive force | Whether the force was objectively unreasonable (Kingsley v. Hendrickson, 576 U.S. 389 (2015)) | Generally a more demanding standard that looks to the officer’s state of mind |
| Medical care (Ninth Circuit) | An objective deliberate-indifference standard (Gordon v. County of Orange, 9th Cir. 2018) | Deliberate indifference, including the official’s subjective awareness of the risk |
Most people in a county jail are pretrial detainees. For them, the Ninth Circuit, which includes Montana, has held that claims of inadequate medical care are judged by an objective standard, following Kingsley and its en banc decision in Castro v. County of Los Angeles, 833 F.3d 1060 (9th Cir. 2016) (Gordon).
Jail death and injury cases often involve:
- Suicide risk that was known or should have been recognized, with inadequate screening, observation or housing.
- Medical emergencies ignored or delayed, including withdrawal, diabetes, infections, head injuries and overdoses.
- Failure to protect a person from assault by other inmates.
- Failures in checks and monitoring, including cell checks that were logged but not performed.
- Force used during booking, cell extractions or restraint.
The most important evidence usually belongs to the jail: video, cell-check logs, booking and screening forms, medical records, incident reports and radio and phone records. We send preservation demands immediately.
What counts as excessive force?
Force is excessive when it is objectively unreasonable under the circumstances.
For arrests and other seizures, the Supreme Court applies the Fourth Amendment’s “objective reasonableness” standard, which considers the severity of the crime, whether the person posed an immediate threat, and whether the person was actively resisting or trying to flee (Graham v. Connor, 490 U.S. 386 (1989)). For pretrial detainees, Kingsley asks whether the force purposely or knowingly used was objectively unreasonable.
Common excessive-force claims involve beatings, improper restraint, Taser use, force against people who were already handcuffed or compliant, and shootings. Body-camera and dash-camera video, medical records and independent witnesses are often decisive.
When can a county or city be held liable?
Only when the violation was caused by the entity’s own policy, custom or practice.
Under Monell v. Department of Social Services, 436 U.S. 658 (1978), a local government cannot be held liable under § 1983 simply because it employs someone who violated a person’s rights (Monell). A plaintiff must show that the violation resulted from:
- An official policy, such as a written rule or procedure;
- A custom or practice so widespread that it functions as policy;
- A decision by a final policymaker; or
- A failure to train or supervise that reflects deliberate indifference to people’s rights.
Monell claims often require records beyond the individual incident: prior deaths or injuries, audits and inspections, training records and staffing levels. Local governments may not claim qualified immunity from § 1983 damages (Owen v. City of Independence, 445 U.S. 622 (1980)).
What is qualified immunity?
Qualified immunity is a defense that protects individual government officials from personal liability for damages unless their conduct violated clearly established statutory or constitutional rights that a reasonable person would have known.
The Supreme Court set out the modern test in Harlow v. Fitzgerald, 457 U.S. 800 (1982) (Harlow). Courts ask two questions: whether the facts show a constitutional violation, and whether the right was clearly established at the time. Courts may decide the questions in either order (Pearson v. Callahan, 555 U.S. 223 (2009)).
In practice, qualified immunity is often raised early, and a ruling on it can be appealed before trial. It applies only to individual officials and only to damages claims under federal law; it does not protect counties or cities from Monell claims. We evaluate it from the first day, because the answer often depends on how closely earlier decisions match the facts.
What claims does Montana law provide?
Montana law provides its own claims, which often travel alongside the federal case.
- Montana constitutional rights. Article II protects individual dignity (§ 4), due process (§ 17) and freedom from cruel and unusual punishments (§ 22) (§ 4; § 17; § 22). The Montana Supreme Court has recognized that money damages may be recovered for violations of certain Montana constitutional rights (Dorwart v. Caraway, 2002 MT 240).
- Wrongful death and survival claims for a death in custody (§ 27-1-513, § 27-1-501, MCA). See our wrongful death page.
- Negligence and medical negligence by jail staff or contracted providers. See our medical malpractice page.
State-law claims against governmental entities have special rules:
- Damages caps of $750,000 for each claim and $1.5 million for each occurrence (§ 2-9-108(1), MCA).
- Detention immunity: a government entity is not liable in tort for negligence toward a person confined to serve a criminal sentence, but that immunity does not extend to serious bodily injury or death from negligence, medical malpractice, gross negligence, willful or wanton misconduct, or intentional torts (§ 2-9-108(2)).
- No punitive damages against the State or other governmental entities (§ 2-9-105, MCA).
- Defense and indemnification: a governmental employer generally must defend and indemnify its employees sued for conduct within the scope of their employment, including civil rights claims under § 1983 (§ 2-9-305, MCA).
- Claim presentation: claims against a county or city must be presented to its clerk or secretary (§ 2-9-301(3), MCA).
Estate of Alexander v. Cascade County
We represented the estate and family of Michael Lee Alexander, Jr., who died while in custody at the Cascade County Detention Center. We brought civil rights claims under 42 U.S.C. § 1983 and Montana wrongful-death and survival claims against Cascade County and responsible officials in the U.S. District Court for the District of Montana, Great Falls Division. In 2023 the case resolved with a $550,000 settlement (Estate of Alexander v. Cascade County).
The family chose resolution over trial. The case also shows how Montana’s limits on county liability shape these claims, and why the federal claims, the state claims and the evidence must all be developed from the start.
What are the deadlines?
Act quickly. The legal deadlines are measured in years, but the evidence can disappear in days.
- Section 1983 claims borrow the forum state’s personal-injury limitations period; in Montana, that is generally 3 years (§ 27-2-204(1), MCA).
- Wrongful death: generally 3 years (§ 27-2-204(2)).
- Assault, battery and false imprisonment claims under state law: 2 years (§ 27-2-204(3)).
- Claims against a county or city must be presented under § 2-9-301.
Jail video and electronic logs may be overwritten on short retention schedules. A written preservation demand should go out as soon as possible.
The Boland Aarab Way
We are trial lawyers, and we prepare every serious case as if it will be tried and then appealed. Civil rights cases against counties and officers are fought in federal court, often through interlocutory appeals, and they demand that preparation.
- We have held a county accountable for a death in custody. In Estate of Alexander v. Cascade County, we obtained a $550,000 settlement in a § 1983 and wrongful-death case.
- We know federal and appellate court. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana over nine years, and Samir Aarab has argued twice before the Ninth Circuit. The Boland Aarab appellate record reaches back to 1977.
- We try cases. Our firm has tried more than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties, and our attorneys have spent more than 4,000 hours in the courtroom. See our results.
- We hold public bodies accountable. We obtained a $115,000 net jury verdict in a municipal negligence case (Jack v. City of White Sulphur Springs).
- You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves. Both are members of the American Association for Justice and the Montana Trial Lawyers Association; Caitlin serves as an AAJ Governor and on the MTLA Board. Samir Aarab is also a member of Public Justice.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Where do we handle civil rights cases?
Our office is at 18 6th Street North, Suite 200, Great Falls, MT 59401. We handle civil rights cases across Montana, including Great Falls, Billings, Missoula, Helena, Bozeman, Butte and Kalispell.
Where do we handle civil rights cases?
We are based at 18 6th Street North, Suite 200, in Great Falls, and handle civil rights cases across Montana. Our attorneys travel for depositions, hearings and trial. For local information, see our pages for Billings civil rights lawyers, Missoula civil rights lawyers, Helena civil rights lawyers, Bozeman civil rights lawyers, Butte civil rights lawyers, Kalispell civil rights lawyers and Havre civil rights lawyers.
Frequently Asked Questions
Can a family sue after someone dies in a Montana jail? Often, yes. The estate may bring § 1983 claims and Montana survival claims, and the family may bring wrongful-death claims, if the death resulted from constitutional violations or negligence.
What is a Section 1983 claim? A federal lawsuit for damages against a person who, acting under state authority, violated someone’s constitutional or federal rights (42 U.S.C. § 1983). A prevailing plaintiff may recover reasonable attorney’s fees (§ 1988).
Can I sue the county, or only the officers? Both, in some cases. A county is liable under § 1983 only for its own policies or customs, including failures to train (Monell, 436 U.S. 658). Individual officers may be sued for their own conduct.
What is qualified immunity? A defense that shields individual officials from damages unless they violated clearly established law. It does not protect counties or cities from Monell claims.
What is the standard for excessive force against someone in jail? For pretrial detainees, force is excessive if it was objectively unreasonable (Kingsley v. Hendrickson, 576 U.S. 389 (2015)).
Does Montana’s cap on damages apply to civil rights cases? Montana’s caps of $750,000 per claim and $1.5 million per occurrence apply to state-law tort claims against governmental entities (§ 2-9-108, MCA). Federal claims are governed by federal law.
How long do we have to file a jail death lawsuit in Montana? Generally 3 years for § 1983 and wrongful-death claims (§ 27-2-204, MCA), but evidence should be preserved immediately.
What evidence matters in an in-custody death case? Jail video, cell-check logs, intake screening forms, medical records, incident reports and communications. We demand preservation of all of it at the outset.
Talk to a Great Falls Civil Rights Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Sources: 42 U.S.C. § 1983 · 42 U.S.C. § 1988 · Monell, 436 U.S. 658 · Owen, 445 U.S. 622 · Harlow, 457 U.S. 800 · Graham, 490 U.S. 386 · Pearson, 555 U.S. 223 · Kingsley, 576 U.S. 389 · Gordon v. County of Orange (9th Cir. 2018) · Mont. Const. art. II, § 4 · § 17 · § 22 · Dorwart v. Caraway, 2002 MT 240 · § 2-9-105, MCA · § 2-9-108, MCA · § 2-9-301, MCA · § 2-9-305, MCA · § 27-2-204, MCA
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
