Skogen et al v. Kosola et al

Filing 20

ORDER granting 19 Motion to Clarify Court's Findings and Recommendations Signed by Magistrate Judge John Johnston on 6/16/2017. (DED)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION

LARRY SKOGEN and JACE
SKOGEN,

CV-16-50-H-DLC-JTJ
CLARIFICATION OF FINDINGS
AND RECOMMENDATIONS

Plaintiffs,
vs.
DAVID KOSOLA, AUSTIN
HECKER, STEVE HADDON, and
STATE OF MONTANA,
Defendants.

Defendants filed a Motion to Clarify Findings and Recommendations on
June 14, 2017, arguing that there is an inconsistency between the
recommendations contained in the Synopsis and Recommendation sections of the
Court’s Findings and Recommendations in the above captioned matter and the
Analysis section. (Doc. 19.) The Court agrees and issues the following
clarification:

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The Court finds:
1.

Based solely on the allegations in the Complaint, Deputies Hecker
and Kosola did not have probable cause to arrest Larry and Jace and
are not protected by qualified immunity for Counts 1 and 2;

2.

Larry’s allegations against Deputy Hecker in Count 2 fail to state a
claim upon which relief may be granted because the allegations in the
Complaint contain nothing more than a bald assertion that Deputy
Hecker violated Larry’s rights under the Montana Youth Court Act.

3.

The Complaint fails to state a claim for relief on Count 3 because
there are no allegations that any statements were used against Jace at
trial;

4.

Jace Skogen has a meaningful post-deprivation remedy that bars
recovery on Count 4;

5.

The allegations in the Complaint fail to state a valid claim in Count
5;

6.

Count 6 fails as a matter of law because the doctrine of absolute
immunity protects Defendant Steve Haddon from the claim; and

7.

The Skogens failed to properly serve the State of Montana as
required to challenge the constitutionality of Mont. Code Ann. § 457-302

The Court recommends that the district court:
1.

Deny Defendants’ motion as to Count 1;

2.

Deny Defendants’ motion as to Jace’s claim against Deputy Hecker
and Larry’s claim against Deputy Kosola in Count 2;

3.

Grant Defendant’s motion and as to Larry’s claims against Deputy
Hecker in Count 2;

4.

Grant Defendants’ motion as to Counts 3, 4, 5, and 6.

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Dated the 16th day of June 2017.

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