Plakorus v. University of Montana
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The Supreme Court affirmed in part and reversed in part the district court's dismissal of Mark Plakorus's claims against the University of Montana, holding that Plakorus's amended complaint was sufficient to state tort claims for defamation and intentional interference but that the district court properly dismissed the remaining claims.
The University employed Plakorus under contract as head coach of the women's soccer team. This case arose from the University's refusal to renew Plakorus's contract after finding on Plakorus's phone records alleged private contacts with Las Vegas escort services. In his complaint, Plakorus claimed that the University unlawfully disclosed confidential information from his personnel file, violated his privacy rights, defamed him, and interfered with his future business prospects. The district court granted the University's motion to dismiss, concluding that Plakorus's tort claims arose from the employment contract and were barred by the one-year statute of limitations under Mont. Code Ann. 18-1-402(2). The Supreme Court reversed in part, holding (1) the district court erred in concluding that the duties underlying all of Plakorus's claims arose solely under the contract, and the state tort claims for defamation and intentional interference survived the State's motion to dismiss; and (2) the district court correctly dismissed the remaining claims as time barred.
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