Matthew v. Yellowstone County et al

Filing 104

ORDER 83 ADOPTING FINDINGS AND RECOMMENDATIONS in full; denying as described 42 Motion for Leave to File a Second Amended Complaint; denying without prejudice 55 Motion for Summary Judgment. Signed by Judge Brian Morris on 3/14/2018. Mailed to Matthew. Mailed to Matthew (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
DAVID JAMES MATTHEW,
Plaintiff,

CV-16-02-BLG-BMM

vs.
ORDER
YELLOWSTONE COUNTY, et al.,
Defendants.
Plaintiff David Matthew (Matthew) has brought this action pro se against
various government entities and agents. Matthew alleges that the defendants
violated his constitutional rights while he was confined at the Yellowstone County
Detention Facility.
Matthew moved for leave to file a Second Amended Complaint on May 22,
2017. (Doc. 42). Matthew sought to amend his First Amended Complaint to
include three new defendants and to re-allege claims against Defendants Riverstone
Health Clinic, Yellowstone County, and Yellowstone County Sheriff Mike Linder
that the Court dismissed on April 5, 2017. While Matthew’s motion to amend was
pending before the Court, Defendants Timothy Neiter, Steve Metzger, Justin
Prindle, Carolyn Pluhar, Brian Degele, Chris Myrup, Heather Crockett and Jake
Dunker (collectively the County Defendants), moved for summary judgment.

(Doc. 55). The County Defendants argued that all of the claims against them should
be dismissed because they were immune from liability.
United States Magistrate Judge John Johnston entered his Order and Findings
and Recommendations on January 26, 2018. (Doc. 83). Judge Johnston granted
Matthew’s motion to amend in substantial part. Judge Johnston allowed Matthew
to amend his First Amended Complaint to include three new defendants. Judge
Johnston recommended that Matthew’s motion to amend be denied, however, to the
extent he sought to re-allege claims against Defendants Riverstone Health Clinic,
Yellowstone County and Sheriff Linder that this Court had dismissed. Judge
Johnston determined that it would be futile to re-allege the dismissed claims.
Judge Johnston also recommended that the County Defendants’ Motion for
Summary Judgment be denied without prejudice. Judge Johnston determined that
the motion for summary judgment should be denied because the motion challenged
Matthew’s First Amended Complaint, and that pleading was no longer the operative
pleading given his Order allowing Matthew to file a Second Amended Complaint.
Matthew and the County Defendants filed objections to Judge Johnston’s
Findings and Recommendations. (Docs. 94, 95). The Court reviews de novo
findings and recommendations to which objections are made. 28 U.S.C. § 636(b)(1).
The Court has reviewed Judge Johnston’s Findings and Recommendations de novo.
-2-

The Court finds no error in Judge Johnston’s Findings and Recommendations, and
adopts them in full.
Accordingly, IT IS ORDERED:
1.

Matthew’s Motion for Leave to File a Second Amended Complaint

(Doc. 42) is DENIED to the extent Matthew seeks to re-allege claims against
Defendants Riverstone Health Clinic, Yellowstone County and Sheriff Linder that
this Court had dismissed.
2.

The County Defendants’ Motion for Summary Judgment (Doc. 55) is

DENIED without prejudice. The County Defendants may file a motion for
summary judgment that challenges the claims asserted in Matthew’s Second
Amended Complaint, if appropriate.
DATED this 14th day of March, 2018.

-3-