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Judge: Mont. discrimination case should go ahead

Published On: Apr 25 2014 01:41:50 PM MDT
HELENA, Mont. -

A federal magistrate judge says a lawsuit accusing the Montana Highway Patrol of detaining Hispanic drivers to check their immigration status should be allowed to proceed.
Four Hispanic men claim they were held during routine traffic stops while officers called immigration officials to determine whether they were in the U.S. illegally.
They say the patrol has a policy of discrimination and racial profiling.
U.S. Magistrate Judge Carolyn Ostby this month recommended dismissing two of the five counts of state and federal violations by Attorney General Tim Fox and Highway Patrol Col. Tom Butler, but says the rest of the lawsuit should go ahead.
The men's attorneys said in court filings Thursday they agree with Ostby.
Attorneys for Fox and Butler asked U.S. District Judge Dana Christensen to reject Ostby's recommendations.