Tschida v. Motl
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
C'bt'tl!.S District Court
s "Get Of Montana
JEFF MANGAN, in his official
capacity as the Commissioner of
Political Practices, JONATHAN
MOTL, in his personal capacity,
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.)
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.
United States District Court Judge
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