Civil Division

Defensive Litigation

The Civil Division for the District of Montana litigates all manner of civil lawsuits involving the United States as a party. In broad terms, these lawsuits are divided into defensive and affirmative cases, but upon closer inspection, we handle many different kinds of lawsuits. We defend torts, federal employment discrimination claims, and medical malpractice claims based on treatment at federal medical facilities. We protect public lands, and access to public lands, with trespass and quiet title actions. We defend the actions of the public land agencies. We sue people who steal federal property, commit fraud, and submit false claims. We collect on delinquent loans guaranteed by the federal government and tax liens. We litigate Social Security Act disability claims. We forfeit drug money and illegal guns. We appear for the United States in bankruptcy court. We defend any and all claims against the federal government and its employees who are carrying out their official duties, and we pursue polluters, cheaters, and scammers to the fullest extent of the law.

By far, the greatest portion of Civil Division resources are devoted to defending torts, employment discrimination cases, and medical malpractice actions.

The District of Montana has, by necessity, developed a specialty in public land law. Being surrounded by millions of acres of public land has many advantages, but generates plenty of litigation. Every major decision on federal public lands is subject to review under the Administrative Procedures Act and various land management statutes like the National Forest Management Act and the Federal Land Policy and Management Act. Federal managers have the difficult task of accommodating public uses while protecting the resources, including its endangered species and endangered natural habitats, for future generations. We have a strong record of successfully defending the decision-making of those managers and, in the process, have helped define and refine procedures for making those decisions more sound and more responsive to public needs.

Affirmative Litigation

The Civil Division also devotes a substantial amount of its resources to affirmative litigation. Most of the lawsuits in this category involve persons or entities who submit false claims or who otherwise commit fraud against the government. Nearly all of this work is based upon the federal False Claims Act, with a significant portion devoted to pursuing health care fraud and contract fraud. The affirmative caseload also includes environmental claims, forfeiture cases, actions involving trespasses upon federal property or resources, discrimination cases, and lawsuits of various kinds to vindicate tribal treaty and other rights.

We also routinely use civil forfeiture proceedings to grab cash seized in drug cases. 

Public Outreach

On both the civil and criminal sides of the aisle, the U.S. Attorney’s Office for the District of Montana has a long history of reaching out to the citizens of Montana. We provide training and information on elder abuse in conjunction with the Montana Adult Protective Services. We sponsor the Montana Health Care Fraud Task Force, which has a public participation component. Our attorneys give lectures and seminars on legal issues at State Bar meetings and other conferences. We chair an environmental issues task force and we field all sorts of public requests for information. But that may not always be enough. If you have an idea for further public outreach or training on an issue relevant to duties of this office, let us know. We can be reached at (406) 657-6101 or send us an email to .