Smith v. City of Billings et al, No. 1:2013cv00107 - Document 43 (D. Mont. 2014)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS in full re: 41 Findings and Recommendations.; granting 33 Motion for Summary Judgment. 1. Defendants City of Billings, Billings Police Department, and Chief St. John's Motion for Summary Judgemen t is GRANTED. 2. Defendants' Motion for Summary Judgment on Plaintiff's Claims asserted under Mont. Code. Ann. 42-2-117 is GRANTED. The Findings and Recommendations as to Defendant Grant Morrison's Motion for SJ will be addressed by separate order of Court. Signed by Judge Sam E Haddon on 9/24/2014. (HEG, ) Modified on 9/24/2014 to add additional text re: Dft Grant Morrison's Motion for SJ. NEF regenerated to parties. (HEG, ).
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Smith v. City of Billings et al Doc. 43 FILED SEP 24 2UI% Cterl<, u.s District Court DIS/nct Of Montana Helena IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION BENJAMIN KARL SMITH, Plaintiff, CV-J3-107-BLG-SEH vs. ORDER CITY OF BILLINGS, et aJ., .Defendants. United States Magistrate Judge Carolyn Ostby entered her Findings and Recommendations 1 on September 5, 2014. Defendants filed objections on September 19,2014,2 Plaintiff did not file objections. The Court reviews de novo findings and recommendations to which objection is made. 28 US.c. § 636(b)(I). I (Doc, 41.) 2 (Doc. 42.) -1 Dockets.Justia.com Upon de novo review of the record, I find no error in Magistrate Judge Ostby's Findings and Recommendations as to Defendants City of Billings, Billings Police Department, and ChiefSt. John's Motion for Summary Judgment and Defendants' Motion for Summary Judgment on Plaintiff's Claims asserted under Mont. Code. Ann. § 42-2-117 and adopt them in full. The Findings and Recommendation as to Defendant Grant Morrison's Motion for Summary Judgment will be addressed by separate order of Court. ORDERED: 1. Defendants City of Billings, Billings Police Department, and Chief St. John's Motion for Summary Judgment is GRANTED. 2. Defendants' Motion for Summary Judgment on Plaintiff's Claims asserted under Mont. COdeJn. § 42-2-117 is GRANTED. DATED this ..z.lf day of September, 2014. LrrWdnJ ~HADb N United States District Judge -2
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