rik. n f'1 "I\ 4: r :r A it INI4tEt4iell 08/17/2021 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: OP 21-0395 OP 21-0395 FILED L.B. individually and on behalf of D.B., a Minor, AUG 1 7 2021 Bowen Greenwood Plaintiff and Appellant, Clerk of Suprern.a Court State of Montana v. ORDER UNITED STATES OF AMERICA;BUREAU OF INDIAN AFFAIRS;DANA BULLCOMING, agent of the Bureau of Indian Affairs sued in his individual capacity, Defendants and Appellees. In accordance with M. R. App. P. 15, the Ninth Circuit Court of Appeals has certified to this Court the following question oflaw, which has arisen in that court's Cause No. 20-35514: Under Montana law, do law-enforcement officers act within the course and scope of their employment when they use their authority as on-duty officers to sexually assault members of the public? This Court accepts the certified question on the relevant facts set forth in the Ninth Circuit Court's certification of the question. In accordance with M. R. App. P. 15(4), we reserve any determination whether to reformulate the question pending full consideration of the issue. We will answer the question in due course following briefing. IT IS THEREFORE ORDERED that the parties shall, in accordance with the Montana Rules of Appellate Procedure, prepare, file, and serve briefs addressing the certified question set forth above, with the opening brief of the Plaintiff and Appellant to be filed within 30 days of the date of this Order. Thereafter, additional briefing shall proceed in accordance with the Montana Rules of Appellate Procedure. The Clerk is directed to provide copies of this Order to all counsel of record for the parties in the Ninth Circuit Court of Appeals Cause No. 20-35514, and to the Clerk of Court for the Ninth Circuit Court of Appeals. DATED this 1 t'clay of August, 2021. Chief Justice e9oi xi 411, -6/ 1-0•-• g Justices