Tschida v. Motl

Filing 59

ORDER granting 56 Motion to Dismiss. Plaintiffs second, third, and fourth claims of the Second Amended Complaint are DISMISSED WITH PREJUDICE. Signed by Judge Brian Morris on 7/10/2017. (HEG)

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA
HELENA DIVISION

FILED
JUL 102017
C'bt'tl!.S District Court
s "Get Of Montana
reat Falls

BRAD TSCHIDA,

CV-16-102-H-BMM

Plaintiff,

vs.
ORDER

JEFF MANGAN, in his official
capacity as the Commissioner of
Political Practices, JONATHAN
MOTL, in his personal capacity,
Defendants.

Defendant Mod moves this Court to dismiss the second, third, and fourth
claims, and all claims for damages, in Plaintiff Tschida's Second Amended
Complaint for Damages, Injunctive Relief, and Declaratory Relief (Doc. 55). (Doc.
56.) The Court previously dismissed these claims from Tschida's First Amended
Complaint upon granting Motl's motion to dismiss those claims based upon
qualified immunity. (Doc. 45.)

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Tschida admits that he did not make any substantive changes to these claims
in his Second Amended Complaint. (Doc. 58 at 2.) Tschida states that he included
the claims again "for purposes of preserving them for appellate review." Id.
For the reasons stated in the Court's previous Order (Doc. 45), IT IS

ORDERED that Defendant's Motion to Dismiss (Doc. 56) is GRANTED.
Plaintiffs second, third, and fourth claims of the Second Amended Complaint are

DISMISSED WITH PREJUDICE.
DATED this 10th day of July, 2017.

Brian Morris
United States District Court Judge

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