Longjaw v. State ( 2022 )

04/12/2022
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: DA 22-0027
DA 22-0027
TIMOTHY LONGJAW, FILED
Plaintiff and Appellant, APR 12 2022
Bowen Greenwood
Clerk of Supreme Court
v. State of Montana
STATE OF MONTANA, DEPARTMENT OF
ADMINISTRATION RISK MANAGEMENT
AND TORT DIVISION; DEPARTMENT OF ORDER
CORRECTIONS, BRIAN GOOTEN, Director;
JAMES SALMONSEN, Warden, Montana State
Prison; BILLIE REICH, Technical Correctional
Services Bureau Chief; JOSEPH CALLAHAN,
Staff Sargent; and DANIEL LAYNE, Supervising
Designee Shift Commander,
Defendants and Appellees.
Before this Court is self-represented Appellant Timothy Longjaw's Motion to
Dismiss this Appeal without prejudice.
Longjaw sued State corrections officials for violating his fundamental rights to due
process, equal protection, and to protection of his safety and security while incarcerated.
The State of Montana sought dismissal because Longjaw had not first submitted his tort
claim to the Department of Administration as required by § 2-9-301(1), MCA, or exhausted
his remedies for alleged discrimination under the Montana Human Rights Act. See
§ 49-2-512(1), MCA. The Third Judicial District Court granted the State's motion and
dismissed the complaint with prejudice on December 17, 2021. Longjaw appealed that
order but now represents that he wants to exhaust his administrative remedies before
seeking another appeal. The State filed notice on April 12, 2022, that it has no objection
to dismissal of the appeal without prejudice.
IT IS THEREFORE ORDERED that the Longjaw's Motion to Dismiss Appeal is
GRANTED. The appeal is DISMISSED without prejudice.
The Clerk of the Supreme Court is directed to provide a copy of this Order to counsel
of record and to Timothy Longjaw personally.
'P.- -
DATED this "Tay of April, 2022.
Chief Justice
Justices
2