Huggler v. State of Montana, No. 1:2019cv00039 - Document 105 (D. Mont. 2021)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN PART AND REJECTED. Judge Cavan's Findings and Recommendations (Doc. 84) are ADOPTED in part and REJECTED as to his determination on Defendants' Motion for Summary Judgement. Defendants' Motion for Summary Judgment (Doc. 73) is GRANTED and, as no issues remain, the matter should be DISMISSED with prejudice and judgment entered in favor of Defendants Gane and Monaco. Signed by Judge Susan P. Watters on 8/30/2021. (AMC)
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Huggler v. State of Montana Doc. 105 Case 1:19-cv-00039-SPW-TJC Document 105 Filed 08/30/21 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION EDWARD H. HUGGLER, CV 19-39-BLG-SPW Plaintiff, ORDER vs. ADAM GANE and NICHOLAS MONACO, Defendants. Before the Court are United States Magistrate Judge Cavan's Findings and Recommendations on various motions, issued on April 15, 2021. (Doc. 84). Judge Cavan recommend that pro se Plaintiff Edward Huggler's motion for leave to file a second amended complaint and his motion to file a third amended complaint be denied, and that Defendants Adam Gane and Nicholas Monaco's motion for summary judgment be denied. (Doc. 84 at 19-20). Defendants timely objected. (Doc. 85). Plaintiff, despite his voluminous unrelated filings on other docket items, does not appear to have objected and has not filed a response to Defendants' objections. // // Dockets.Justia.com Case 1:19-cv-00039-SPW-TJC Document 105 Filed 08/30/21 Page 2 of 6 Case 1:19-cv-00039-SPW-TJC Document 105 Filed 08/30/21 Page 3 of 6 Case 1:19-cv-00039-SPW-TJC Document 105 Filed 08/30/21 Page 4 of 6 Case 1:19-cv-00039-SPW-TJC Document 105 Filed 08/30/21 Page 5 of 6 Case 1:19-cv-00039-SPW-TJC Document 105 Filed 08/30/21 Page 6 of 6 Furthermore, Huggler has presented no evidence to meet his burden in proving that the right was "clearly violated." The CoUii, absent a showing of proof, cannot determine that a reasonable officer in Gane or Monaco's position could not have possibly thought that probable cause to arrest Huggler existed at the time. Qualified immunity confers a total defense from suit, not just from liability, and so, finding that qualified immunity applies in this instance, the Cou1i finds that the matter should be dismissed with prejudice. IV. Conclusion Judge Cavan's Findings and Recommendations (Doc. 84) are ADOPTED in part and REJECTED as to his determination on Defendants' Motion for Summary Judgment. Defendants' Motion for Summary Judgment (Doc. 73) is GRANTED and, as no issues remain, the matter should be DISMISSED with prejudice and judgment entered in favor of Defendants Gane and Monaco. DATED this 9"'1-- JtJ day of August 2021. 17- WATTERS United States District Judge 6
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