Tschida v. Motl

Plaintiff: Brad Tschida
Defendant: Jonathan Motl
Case Number: 6:2016cv00102
Filed: November 4, 2016
Court: Montana District Court
Office: Helena Office
County: LEWIS & CLARK
Presiding Judge: Brian Morris
Nature of Suit: Constitutionality of State Statutes
Cause of Action: 42:1983
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
August 1, 2018 Opinion or Order 102 ORDER denying 94 Motion to Modify Injunction Pending Appeal. Signed by Judge Brian Morris on 8/1/2018. (HEG)
March 23, 2018 Opinion or Order 99 ORDERED: Granting 98 MOTION for Extension of Time to File Response/Reply as to 94 . Responses due by 4/13/2018. Signed by Judge Brian Morris on 3/23/2018. (HEG)
February 14, 2018 Opinion or Order 89 CLERK'S JUDGMENT. Signed by Clerk on 2/14/2018. (HEG)
December 18, 2017 Opinion or Order 86 AMENDED ORDER re 69 MOTION for Partial Summary Judgment filed by Brad Tschida, 66 Second MOTION for Summary Judgment filed by Jeff Mangan. The confidentiality provision of Mont. Code Ann. 2-2-136(4) violates the First Amen dment as applied to elected officials, including the Governor in this case. The confidentiality provisions survives intermediate scrutiny, however, as applied to complaints filed against state employees, including against O'Leary in this case. IT IS ORDERED that Tschida's Mot for Partial SJ 69 is granted in part, with respect to the Governor, and denied in part, with respect to O'Leary. IT IS FURTHER ORDERED that the Commissioner's MSJ 66 is granted in part as to O 9;Leary, and denied in part as to the Governor. The Court permanently enjoins enforcement of the confidentiality provision contained in MCA 2-2-136(4), as applied to ethics complaints filed against the Govern and other elected officials in the State of MT. Signed by Judge Brian Morris on 12/18/2017. (DED)
December 15, 2017 Opinion or Order 85 ORDER granting in part with respect to Meg O'Leary, and denying in part 66 , with respect to the Governor, in accordance with the above order. Motion for Summary Judgment; granting in part, with respect to the Governor, and denying in part [69 ], with respect to Meg O'Leary. The Court permanently enjoins enforcement of the confidentiality provision contained within Mont. Code Ann. 2-2-136(4). as applied to ethics complaints filed against the Governor and other elected officials in the State of Montana. Signed by Judge Brian Morris on 12/15/2017. (HEG)
July 10, 2017 Opinion or Order 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)
April 18, 2017 Opinion or Order 45 ORDER granting 26 Motion to Dismiss. Plaintiffs second, third, and fourth claims are dismissed with prejudice. Signed by Judge Brian Morris on 4/18/2017. (DED)
December 5, 2016 Opinion or Order 17 ORDER granting 16 Motion withdrawing Motion TRO and vacating briefing schedule and motion hearing set for 12/9/16. Signed by Judge Brian Morris on 12/5/2016. (DED)

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Plaintiff: Brad Tschida
Represented By: Matthew G. Monforton
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Defendant: Jonathan Motl
Represented By: Dale M. Schowengerdt
Represented By: J. Stuart Segrest
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