Quigg et al v. Bell et al

Filing 148

ORDER ADOPTING 147 FINDINGS AND RECOMMENDATIONS in full; granting 89 Motion for Summary Judgment; granting 94 Motion for Summary Judgment; denying 104 Motion for Partial Summary Judgment; granting 125 Motion for Summary Judgment. Any appeal would not be taken in good faith Signed by Judge Brian Morris on 12/9/2020. Mailed to Quigg (TAG) Modified on 12/10/2020 to correct docket text(TAG).

Case 4:17-cv-00035-BMM Document 148 Filed 12/10/20 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
GARY L. QUIGG,
Plaintiff,
vs.

CV-17-35-GF-BMM
ORDER ADOPTING FINDINGS
AND RECOMMENDATIONS

SHERIFF MIKE LINDER; ANGELA
NIESS, LPN; VICTORIA SCOTT, LPN;
CHRISTOPHER CARUSO, PA; and
FELICIA KELLY, RN,
Defendants.

Gary L. Quigg (“Quigg”) filed a Second Amended Complaint against Mike
Lender, Angela Niess, Victoria Scott, Christopher Caruso, and Felicia (collectively
“Defendants”). Doc. 25. Quigg was incarcerated at the Yellowstone County
Detention Facility (“YCDF”) several times between 2015 and 2017. Doc. 147 1−2.
Quigg alleges that Defendants violated his Eighth and Fourteenth Amendment rights
be refusing to give him prescribed medications and attempting instead to give him
ineffective substances. Doc. 25 at 17.
Quigg filed a Motion for Partial Summary Judgment. Doc. 104. Defendants
filed several Motions for Summary Judgment. Docs. 89, 94, 125. Defendant Kelly
filed a Motion to Compel. Doc. 123. Quigg filed a Motion to Strike the Motion to

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Compel. Doc. 129. Quigg filed a Motion to Strike. Doc. 141. Defendants Caruso,
Niess, and Scott filed a Motion to Strike Plaintiff’s Declaration Submitted in Support
of his Position in the Statement of Disputed Facts. Doc. 145. United States
Magistrate Judge John Johnston entered a Findings and Recommendations on these
motions. Doc. 147.
Judge Johnston recommended that the Court grant Defendants’ Motions for
Summary Judgment, deny Quigg’s Motion for Summary Judgment, and dismiss the
case. Id. at 1. Judge Johnston denied the remaining motions as moot. Id. at 32−33.
This Court conducts de novo review of the portions of a magistrate judge’s
findings and recommendations to which a party properly objects.

28 U.S.C.

§ 636(b)(1). A party makes a proper objection by “identifying the parts of the
magistrate’s disposition that the party finds objectionable and presenting legal
argument and supporting authority, such that this Court is able to identify the issues
and the reasons supporting a contrary result.” Montana Shooting Sports Ass’n v.
Holder, 2010 WL 4102940, at *2 (D. Mont. Oct. 18, 2010). This Court will review
for clear error the portions of a magistrate judge’s findings and recommendations to
which a party’s objections constitute only perfunctory responses argued in an
attempt to rehash the same arguments set forth in the original response. Rosling v.
Kirkegard, 2014 WL 693315, at *3 (D. Mont. Feb. 21, 2014). Clear error exists if

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this Court is left with a “definite and firm conviction that a mistake has been
committed.” United States v. Syraz, 235 F.3d 422, 427 (9th Cir. 2000).
No

party

Recommendations.

filed

objections

to

Judge

Johnston’s

Findings

and

The Court will review Judge Johnston’s Findings and

Recommendations (Doc. 147) for clear error. Rosling, 2014 WL 693315, at *3.
The Court finds no clear error in Judge Johnston’s Findings and
Recommendations. Judge Johnston correctly identified that Quigg failed to establish
any evidence that Defendants violated Quigg’s Fourteenth Amendment rights.
Quigg established at most that he had a differing opinion regarding his medical
treatment which proves insufficient to maintain a Fourteenth Amendment claim.
Doc. 147 at 32. The Court adopts Judge Johnston’s Findings and Recommendations
(Doc. 147) in full.
ORDER
Accordingly, IT IS ORDERED:
1. Quigg’s Motion for Partial Summary Judgment (Doc. 104) is DENIED.
2. Defendants’ Motions for Summary Judgment (Docs. 89, 94, 125) are
GRANTED.
3. The Clerk of the Court shall enter judgment and close this matter.

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4. The Clerk of the Court shall have the docket reflect that the Court certifies
pursuant to Rule 24(a)(3)(A) of the Federal Rules of Appellate Procedure that
any appeal of this decision would not be taken in good faith.
Dated the 9th day of December, 2020.

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