Bruner v. Yellowstone County, 272 Mont. 261 (1995)

Citation: Bruner v. Yellowstone County, 272 Mont. 261 (1995)
Parent Document: Bruner v. Yellowstone County, 272 Mont. 261 (1995)
Jurisdiction: Montana (state)
Effective Date: 1995-08-03
Original Source: https://www.courtlistener.com/opinion/883592/bruner-v-yellowstone-county/ ↗

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If Bruner were alleging that Yellowstone County was harassing or discriminating against her then she would have a claim under the HRA and any common law harassment and discrimination claims against Yellowstone County would be preempted. Likewise, a claim against the County based upon Hoefer’s harassing conduct would merely be derivative in nature and would be preempted. However, here, Bruner is suing Yellowstone County, not for Hoefer’s conduct, but for the County’s own negligence in retaining Hoefer in a position where, given his prior history of harassing other women, it was foreseeable that he would harass Bruner.

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