State v. Madsen
Annotate this CaseThomas Madsen, a sheriff's deputy, was charged with mistreating prisoners pursuant to Mont. Code Ann. 45-5-204 for his behavior toward K.J., a female juvenile who was brought to the county law and justice center at the request of her parents for assistance in getting her transported to residential treatment. Madsen moved to dismiss the charge, contending that K.J. was not a prisoner under section 45-5-204. The district court agreed and dismissed the charge against Madsen because K.J. was a juvenile, had not been convicted of an offense, and was not being held in a State facility. The Supreme Court reversed and remanded, holding that, under the circumstances, K.J. was a prisoner under section 45-5-204(1), and the charging information filed in this case was adequate to state an offense.
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