Hill County wins judgment in Long Soldier case

In a case that has gone back and forth in courts and the Montana Human Rights Bureau for most of the decade, the Montana Supreme Court ruled Tuesday that the Hill County government is not liable in the death of A.J. Long Soldier while he was an inmate of the Hill County Detention Center in 2009.

After Long Soldier, a basketball standout who helped the Hays-Lodge Pole Thunderbirds capture a class C state championship in 2007, died Nov. 23, 2009, from complications of alcohol withdrawal syndrome while an being held at the detention center.

His family filed a complaint with the Montana Human Rights Bureau, which eventually ruled in favor of Long Soldier’s estate for $1.35 million.

Northern Montana Hospital previously settled out-of-court with the Long Soldier family.

A state district court eventually ruled that Hill County was “vicarously liable” for negligence in the care provided by Northern Montana Hospital. Hill County appealed that ruling.

Long Soldier had struggled with alcohol for several years and was under probation in Blaine County. A Blaine County sheriff’s deputy arrested Long Soldier the morning of Nov. 19, 2009, after his probation officer reported not being able to contact Long Soldier.

The deputy transported him to Hill County Detention Center, where Blaine County adult prisoners were held under an intercounty agreement.

Long Soldier had been drinking heavily for several days prior to his arrest but had not for some time before he was arrested and showed no signs of being drunk.

For the first 24 hours he was in jail, Long Soldier showed no signs of problems aside from not sleeping. Then he started to complain that he could not hold down water and asked to go to the hospital. His condition continued to deteriorate, including reports of hallucination, which detention center staff members recognized as symptoms of “detoxing,” or alcohol withdrawal.

As Long Soldier became more violent, detention center staff contacted the Blaine County Sheriff’s Office and a Blaine County deputy sheriff took him to Northern Montana Hospital about 7 p.m. Nov. 21, 2009.

A doctor administered medication, but did not diagnose him with alcohol withdrawal syndrome.

Long Soldier’s condition improved so the doctor discharged him and the Blaine County deputy sheriff transported him back to the detention center.

Long Soldier’s condition worsened once he was back at the jail. About 2:30 a.m. Nov. 22, 2009, detention center staff members informed Blaine County deputies he might need to be taken back to the hospital.

A Blaine County dispatcher called the hospital, and a nurse told the dispatcher Long Soldier just needed to drink fluids and that he was “playing with them,” because he didn’t want to be in jail, the documents say.

Long Soldier’s condition continued to deteriorate and detention center staff members called an ambulance, which took Long Soldier back to the hospital. He was pronounced dead there about 2 a.m. Nov. 23, 2009.

The family filed a complaint in 2010 alleging negligence on the parts of Hill and Blaine counties.

The state Supreme Court ruled that the county was not responsible for the care provided by the hospital.

Arguments that the care the county has to provide for its inmates cannot be delegated to an independent hospital and Hill County must remain ultimately responsible failed to meet legal tests, Justice Jim Rice wrote in the court’s opinion, and the court reversed the district judge ruling and entered a judgment in favor of Hill County.