TN THE SUPREME COURT O F THE STATE O F MONTANA
RICHARD C . LUSSY,
P l a i n t i f f and A p p e l l a n t ,
vs .
JAN 24 1985
J. MICHAEL YOUNG,
Defendant and Respondent.
O P I N I O N , ORDER AND JUDGMENT
R i c h a r d C. Lussy a.ppea1.s from a n o r d e r c f t h e D i s t r i c t
C o u r t , T h i r d J u d i c i a l D i s t r i c t , Deer Lodge County, t h e Hon.
Henry Loble presiding, from an order dismissing Lussy ' s
c o m p l a i n t a g a i n s t J. Michael Young.
The only issue on appeal is the propriety of the
D i s t r i c t Court's d i s m i s s a l o f L u s s y ' s compl-aj-nt a g a . i n s t J .
Michael Young.
In cause no. DV-84-72 in the same District Court,
Richard C. Lussy sued John Conway H a r r i s o n , John C . Sheehy,
F r e d J . Weber and L . C. Gulhrandson a s i n d i v i d u a l s , w i t h o u t
reference t o t h e i r judicial positions, i n a complaint f i l e d
i n D e e r Lodge County. J. Michael Young, a s t a t e employee,
a p p e a r e d a s a t t o r n e y f o r t h e named i n d i v j - d u a l d e f e n d a n t s i n
t h a t a c t i o n and b r o u g h t a b o u t an o r d e r of t h e D i s t r i c t C o u r t
t o dismiss t h e action against the said individuals.
Lussy t h e n sued J . Michael Young i n t h e D i s t r i c t C o u r t ,
D e e r Lodge County i n c a u s e no. DT7-84-93, on t h e grounds t h a t
Young had represented the individuals i n the action, that
this was improper and that he was guilty of conspiracy,
improper official actions, and abuse of the principle of
"justinhoard."
In the District Court, Judge Loble dismissed the
complaint. against Young, saying i n his order of August 22,
.
"The gist of plaintiff's rambling, uncomprehensible
complaint seems to be that the defendant
represented private, non-governmental clients in
his capacity as an empl-oyee of state government.
However, plaintiff attached to his complaint a
motion to dismiss and memorandum in support of
motion to dismiss in Cause No. DV 84 72 in the
District Court of Deer Lodge County,& ? ! a f n a t
di@eedns
of that action were four Montana State Supreme
Court Justices. The defendant in this case acted
as lawyer for the defendant justices in the earlier
action. Mr. Young clearly defended the action
against the justices on the basis that they were
being sued for an act in discharge of a duty
associated with judicial actions of the Court. An
allegation that Young represented the justices as
private individuals when the attached exhibits
showed he represented them in their judicial
capacities sets forth no cause of action."
Although four justices on this Court are indirectly
involved in this action in that the attorney, J. Michael
Young, had represented them, and is now being sued for that
representation, we see no confl-ict of interest in recognizing
in Lussy's present compIa.i.nt and appeal a fruitless,
weightless, needless, senseless action. The a.ppea1, as was
the action in the District Court, is frivol-ous and as such
This cause is another of a series of proceedings brought
by Lussy in both state and federal courts in which he has
imputed i-ncompetence,bias and conspiracy against judges and
parties involved in his actions, and he has subjected the
judicia.1 process to denigration.
IT IS THEREFORE ORDERED:
1. The appeal of Richard C. Lussy from the judgment of
dismissal of cause no. DV-84-93, in the District Court, Deer
Lodge County, be and the same is hereby dismissed.
2. Richard C. Lussy is assessed costs in the sum of
$250.00 payable to the Clerk of this Court for deposit in the
State Treasury of the State of Fontana as past reimbursement
to the State for the unnecessary expense and time he has
taken of state officials.
3. The Cl-erk of this Court is directed to mail a
certified copy of this Order to the Clerk of the District
Court in and for the Third LTudicial District, Deer Jtodge
County. Such copy of this order and judgment shall be and
serve the office of a judgment for costs against Richard C.
Lussy znd entitled to all of the lien protection of a
judgment. Such judgment shall be docketed i n the District
.
Court under the cause file number from which the appeal
arose.
4. Copy to of record, and to Richard C. Lussy.
DATED this
r
Chief Justice
Justices