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Date: 02-21-2023
Case Style:
Russell Joseph Breton v. Lake County, et al.
Case Number: 9:22-cv-00142
Judge: Donald W. Molloy
Court: United States District Court for the District of Montana (Missouri County)
Plaintiff's Attorney:
Defendant's Attorney: Robert C. Lukes and Marisa Lee Heiling
Description: Missoula, Montana civil rights lawyers represented Plaintiff who sued Defendant claiming the jail conditions in the Lake County Jail violated his civil rights under 42 U.S.C. 1983.
Plaintiff Russell Joseph Breton, an inmate at the Lake County Jail, filed suit challenging the conditions of confinement at the facility, including an individual 42 U.S.C. § 1982 claim for an assault he suffered at the hands of another inmate. (Doc. 1.) On September 13, 2022, Defendants filed a motion to dismiss for failure to state a claim. (Doc. 4.) Instead of responding to that motion, Breton filed an amended complaint on October 3, 2022. (Doc. 7.) Because Breton's Amended Complaint Supersedes the original complaint, Fed.R.Civ.P. 15(a)(1)(B); Ramirez v. Cnty. of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015).
Outcome: ORDER DISMISSING CASE. Signed by Judge Donald W. Molloy on 2/21/2023. (TAG) (Entered: 02/21/2023)
Plaintiff's Experts:
Defendant's Experts:
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