United States District Court, D. Montana, Missoula Division
FINDINGS OF FACT AND CONCLUSIONS OF LAW
L. CHRISTENSEN, CHIEF JUDGE UNITED STATES DISTRICT COURT.
Court held a bench trial on August 20, 2018. After hearing
testimony and reviewing evidence admitted, the Court makes
the following Findings of Fact and Conclusions of Law.
Defendant Lawrence Lockard ("Lockard") is a
resident of the State of Montana and was an employee of the
United States Fish and Wildlife Service ("USFWS").
Defendant Karen Nelson ("Nelson") is a resident of
the State of Montana and is an employee of USFWS.
American Reliable is an insurance company not domiciled in
the State of Montana whose principal place of business is in
all relevant times, Lockard was insured by the American
Reliable Insurance Policy No. LOG000313-7 (the
"Policy"). (Doc. 1-1.)
Policy issued to Lockard provides and defines standard
"occurrence"-based homeowner's coverage for
bodily injury and property damage.
Policy contains and defines an exclusion for "Expected
or Intended" bodily injury.
Policy contains and defines a "Business" exclusion
which excludes coverage for "bodily injury" arising
out of or in connection with a "business" engaged
in by an insured.
Policy contains and defines a "Sexual Molestation,
Corporal Punishment or Physical or Mental Abuse
Policy contains and defines an "Assault and Battery
Lockard and Nelson were employees of the United States Fish
and Wildlife Service during the night in question.
September 8, 2015, Nelson hiked into Quartz Lake in Glacier
National Park, accompanied and led by Lockard, to participate
in a scuba dive to gather information regarding lake trout.
scuba dive entailed an overnight stay in a remote USFWS
cabin. Lockard and Nelson slept in the same room in separate,
but adjacent beds. A third individual slept outside due to
his sleep apnea and tendency to disrupt others within close
the evening of September 9, 2015, following dinner and a
period of relaxation, which included drinking wine,
Defendants shared a hug and a kiss on the cheek. Lockard
perceived all of the forgoing as possible flirtatious
behavior and possibly an invitation for additional physical,
sexual contact. (Witness Testimony, hereafter
explained below in the Conclusions of Law, Lockard's
subjective mental state that evening is not determinative.
That night, before bed, Nelson took her prescribed sleep
medication, Ambien, to assist her sleep.
Lockard knew Nelson had taken her sleep medication.
Lockard fell asleep for a period of time and woke up with his
hand over his head and on top of Nelson's leg. Nelson was
asleep as Lockard placed his hand on her leg. Lockard
proceeded to get into Nelson's bed and sexually molest
her for several minutes before she awoke. When Nelson awoke,
Nelson immediately jumped out of the bed, and Lockard
returned to his bed. This was Lockard's first indication
that his conduct was not consensual. (WT.)
to her having taken Ambien, and her inability to completely
wake up, Nelson could not remember much of what had gone on
while she had been asleep. (WT.)
morning after the incident, Lockard and Nelson hiked out of
the remote lake, and Lockard described to Nelson what had
taken place while she was asleep.
Upon Nelson's return to work, she reported the incident
to law enforcement and her supervisor. The USFWS instructed
Lockard to have no contact with Nelson. Lockard was also
instructed to not draw any attention to Nelson or the Quartz
After the incident, Lockard stated and/or implied to his and
Nelson's coworkers that the encounter was consensual.
Nelson believed her coworker, Sharon Hooley, treated her
differently after the incident due to the action ...