Missoula County legal staff: county must respond to federal lawsuit alleging due-process and property-deprivation claims
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Summary
County counsel notified the commissioners of a federal lawsuit filed by Isaac Wesley Dixon II against evidence technician Jasmine Ortega (and the sheriff's department), seeking $10,000 for property and $2 million punitive damages; the county must acknowledge service by April 25 and will mount a defense if not dismissed.
Missoula County legal staff notified the Board of Commissioners that the county has been served with a federal lawsuit filed by Isaac Wesley Dixon II against evidence technician Jasmine Ortega, with claims the staff described as alleging violations of the Fourteenth Amendment and a claim under Section 1983 for deprivation of property.
Jacob Allington (identified in the meeting roster) briefed commissioners on the complaint filed in federal district court. The staff said the complaint challenges the transfer of Dixon's truck to Red's Towing following his arrest and alleges the transfer occurred without notice to Dixon. The plaintiff seeks $10,000 in compensatory damages for the truck and $2,000,000 in punitive damages, according to the briefing.
The staff said the complaint cleared the court's prefiling review and that the county must acknowledge service of the lawsuit by April 25. County counsel identified Brian West as lead counsel and said he would serve as second chair on the defense team if the county proceeds to defend the case. The brief noted the county is still in preliminary fact-finding and that counsel believes dismissal for failure to state a claim is possible but that the county is prepared to defend the matter.
The staff also said the county will investigate factual circumstances, including the evidence-release form that Ortega signed when transferring the vehicle to Red's Towing. Commissioners were told the underlying criminal matter involved allegations that the plaintiff fired at utility crews restoring power after a storm; staff said Dixon was in the Missoula County Detention Facility awaiting trial on those allegations at the time the vehicle was transferred.
No formal litigation decision (for example, a settlement authority or waiver) was taken during the meeting; staff indicated they have capacity to defend the county and will proceed with required filings and fact-finding.