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According to the Montana Highway ….

According to the Montana Highway Patrol’s investigative report, factors of the crash were driving in a reckless and negligent manner due to the consumption of alcohol, excessive speed, failure to keep in the proper lane and Mr. Nygaard running his vehicle off the roadway.

Defendants also denied that the deputy was aware there was a child or any passenger in the vehicle and that the deputy engaged in a pursuit. Defendants admit that Nygaard’s toxicology report indicates his BAC was between .202 and .208, which is at least two and a half times the legal limit.

The document also noted that the plaintiff failed to articulate a claim against Sheriff Jason Frederick or against Roosevelt County since there is no policy, custom or practice of Roosevelt County at issue. Deputy Colon is entitled to immunity for the acts and omissions alleged in the complaint. Defendants demanded a trial by jury.

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