Smith v. City of Billings et al

Filing 43

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS in full re: 41 Findings and Recommendations.; granting 33 Motion for Summary Judgment. 1. Defendants City of Billings, Billings Police Department, and Chief St. John's Motion for Summary Judgemen t is GRANTED. 2. Defendants' Motion for Summary Judgment on Plaintiff's Claims asserted under Mont. Code. Ann. 42-2-117 is GRANTED. The Findings and Recommendations as to Defendant Grant Morrison's Motion for SJ will be addressed by separate order of Court. Signed by Judge Sam E Haddon on 9/24/2014. (HEG, ) Modified on 9/24/2014 to add additional text re: Dft Grant Morrison's Motion for SJ. NEF regenerated to parties. (HEG, ).

FILED

SEP 24 2UI%
Cterl<, u.s District Court

DIS/nct Of Montana

Helena

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
BENJAMIN KARL SMITH,
Plaintiff,

CV-J3-107-BLG-SEH

vs.
ORDER
CITY OF BILLINGS, et aJ.,
.Defendants.
United States Magistrate Judge Carolyn Ostby entered her Findings and
Recommendations 1 on September 5, 2014. Defendants filed objections on
September 19,2014,2 Plaintiff did not file objections. The Court reviews de novo
findings and recommendations to which objection is made. 28 US.c. § 636(b)(I).

I

(Doc, 41.)

2

(Doc. 42.)

-1­

Upon de novo review of the record, I find no error in Magistrate Judge
Ostby's Findings and Recommendations as to Defendants City of Billings,
Billings Police Department, and ChiefSt. John's Motion for Summary Judgment
and Defendants' Motion for Summary Judgment on Plaintiff's Claims asserted
under Mont. Code. Ann. § 42-2-117 and adopt them in full.
The Findings and Recommendation as to Defendant Grant Morrison's
Motion for Summary Judgment will be addressed by separate order of Court.
ORDERED:
1.

Defendants City of Billings, Billings Police Department, and Chief

St. John's Motion for Summary Judgment is GRANTED.
2.

Defendants' Motion for Summary Judgment on Plaintiff's Claims

asserted under Mont. COdeJn. § 42-2-117 is GRANTED.
DATED this

..z.lf

day of September, 2014.

LrrWdnJ
~HADb
N

United States District Judge

-2­