In June 2004, Thornton sued Deist in Federal Court in Missoula. Following dismissal of that claim, in May 2006, Deist filed a malicious prosecution complaint in Missoula District Court (state court). Thornton moved to have venue changed to Flathead County, arguing that because both parties reside there, it is where the suit should have been commenced. The District Court denied the motion.
Deist argued that because the tort (malicious prosecution) was committed in Missoula County, it was the proper venue. Despite Thornton’s argument that she was required to file suit in Missoula because it was the location of the federal court, SCOMONT ruled that the:
purported breach of duty occurred when she intentionally and with alleged malice filed and prosecuted an unsupportable federal cause of action against Deist. To do so, she willingly traveled to Missoula County where, for approximately two years, the federal court prosecuted this matter before terminating it in favor of Deist. Moreover, substantial evidence supports Deist’s claim that he suffered damages in Missoula County as a result of Thornton’s suit. The concurrence of breach and damages in Missoula County support the District Court’s conclusion that Missoula County was a proper venue for Deist’s malicious prosecution claim.
Deist, ¶ 15.
