Palmer v. Montana Department of Health and Human Services et al

Filing 106

ORDER. IT IS SO ORDERED that Judge Cavan's (99 in 1:21-cv-00038-SPW, 51 in 1:22-cv-00025-SPW) Findings and Recommendations are REJECTED as to his finding that MAPA governed the due process procedures, his finding that disputed facts exist as to whether Plaintiff relied on the statement in the Inspection Report, and his recommendation the Court deny summary judgment on Plaintiffs negligent misrepresentation claim. His Findings and Recommendations are ADOPTED as to all other issues. Plaintif f's (74 in 1:21-cv-00038-SPW, 33 in 1:22-cv-00025-SPW) Motion for Miscellaneous Relief is DENIED. Plaintiff's (79 in 1:21-cv-00038-SPW, 38 in 1:22-cv-00025-SPW) Motion for Partial Summary Judgment is DENIED. The States (80 in 1:21-cv-00 038-SPW) Motion for Summary Judgment is GRANTED as to Counts II, V, and VII; GRANTED IN PART as to Count VI (employment and privacy rights); and DENIED as to all remaining claims.. Signed by Judge Susan P. Watters on 3/27/2024. Associated Cases: 1:21-cv-00038-SPW, 1:22-cv-00025-SPW (EMH)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
CV 21-38-BLG-SPW

STEVEN PALMER d/b/a MONTANA

Consolidated with Member Case:
CV 22-25-BLG-SPW

ORGANIC MEDICAL SUPPLY,

Plaintiff,
V.

ORDER

MONTANA DEPARTMENT OF

HEALTH AND HUMAN SERVICES;
DARCIWIEBE in her individual and

official capacity; JAMIN
GRANTHAM,in his individual and

official capacity; CITY OF
BILLINGS; STEVE HALLAM in his
individual capacity; and JOHN DOES
1-10,
Defendants.

Before the Court is United States Magistrate Judge Timothy Cavan's Findings
and Recommendations on Plaintiff Steven Palmer d/b/a Montana Organic Medical

Supply's Motion for Collateral Estoppel (Doc. 74), Plaintiff's Motion for Partial
Summary Judgment on Counts II and VI (Doc. 79), and Defendant Montana

Department of Heath and Human Services'("DPHHS" or "the State") Motion for
Summary Judgment(Doc. 80).^ (Doc. 99). Judge Cavan recommended the Court

'Plaintiffs Motion for Collateral Estoppel and Motion for Partial Summary Judgment on Counts
II and VI were also filed in Member Case CV 22-25-BLG-SPW. The motions in the Member Case

are identical to the motions in the lead case, and the Findings and Recommendations address all
1