Munger

Gloria and Donald Munger appeal the district court’s grant of summary judgment to the defendants-appellees in their suit alleging § 1983 and state law negligence causes of action.

I.

The night of March 3, 1995 was a bitter cold one in Glasgow, Montana. The temperature at midnight was recorded at 11 degrees, with a windchill factor of minus 20-25 degrees. Lance Munger, a 35-year-old unemployed welder, was out drinking that night. After consuming a substantial amount of alcohol, he apparently became belligerent at Stan’s Bar and got into heated arguments with other patrons.

The bartender called the police, asking for help with the disturbance. Munger was standing outside Stan’s Bar when the police arrived, but he followed them inside. One of the police officers apparently took Munger physically by the arm and walked him out the front door again. The officers dispute this, saying that Munger walked outside without the use of physical contact. In any event, the parties agree that when he was ejected from the bar, Munger was wearing only jeans and a t-shirt.

According to the Mungers, Lance Mun-ger was very obviously drunk. He was swaying back and forth, with unsure balance. His…