Quigg et al v. Bell et al

Filing 81

ORDER ADOPTING IN PART FINDINGS AND RECOMMENDATIONS; denying 71 Motion to Amend/Supplement Complaint as to Nurse Scott and Yellowstone County. Signed by Judge Brian Morris on 12/10/2019. Mailed to Quigg. (TAG)

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

CV-17-35-BMM-JTJ

Plaintiff,
vs.
ORDER
SHERIFF MIKE LINDER; ANGELA
NIESS, LPN; VICTORIA SCOTT,
LPN; and CHRISTOPHER CARUSO,
PA,
Defendant.

United States Magistrate Judge John Johnston entered Findings and
Recommendations recommending that Quigg’s Motion to Amend/Supplement
Complaint be denied as to Nurse Scott and Yellowstone County. (Doc. 75).
Neither party filed objections. The Court reviews for clear error any portion to
which no party specifically objected. McDonnell Douglas Corp. v. Commodore
Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).
Quigg filed a motion to amend his complaint to add three new defendants to
his complaint. Quigg seeks to add Yellowstone County. However, Yellowstone

County is already a defendant because Quigg named Sherriff Linder in his
individual and official capacity. (Doc. 25 at 4).
Quigg also seeks to add Nurse Scott. Judge Johnston concluded that the
applicable statute of limitations bar Quigg from adding Nurse Scott. In Wilson v.
Garcia, 471 U.S. 261 (1985), the Supreme Court determined that the state statute
of limitations governing personal injury actions for claims filed pursuant to 42
U.S.C. § 1983. In Montana, that period is three years after the action accrues.
Mont. Code. Ann. § 27-2-204(1).
The Court agrees that the statute of limitations bar Quigg from adding Nurse
Scott. The Court modifies the Findings and Recommendations to reflect that
Quigg sought to add Nurse Scott as a defendant on August 5, 2019, and, therefore,
any claim accruing prior to August 5, 2016 is barred by the applicable statute of
limitations. (Doc. 63). The incidents giving rise to Quigg’s claim occurred in
January 2016. Quigg is time barred from raising a claim against Nurse Scott for
incidents that occurred in January 2016.
The Court finds no clear error in Judge Johnston’s Findings and
Recommendations.
IT IS ORDERED that Judge Johnston’s Findings and Recommendations
(Doc. 75) are ADOPTED IN PART and MODIFIED IN PART to reflect that
Quigg first sought to add Nurse Scott as a defendant on August 5, 2019.

IT IS FURTHER ORDERED that Quigg’s Motion to Amend/Supplement
Complaint (Doc. 71) is DENIED as to Nurse Scott and Yellowstone County.
DATED this 10th day of December, 2019.