Sears v. Summit

Sears v. Summit Food Service

Lawsuit concerning the September 28, 2025 lunch service at the Cascade County Detention Center
Cause No. CV-25-108-GF-JTJ · United States District Court for the District of Montana, Great Falls Division

An additional resource for plaintiffs and their families. This page gathers the public court filings and general information about the case in one place. It is in addition to the updates we provide directly. We will continue to reach out as the case develops, and you are always welcome to contact us.

About this case

This is a civil lawsuit pending in the United States District Court for the District of Montana. The plaintiffs are people who were in custody at the Cascade County Detention Center in Great Falls on September 28, 2025. The defendants are Summit Food Service, LLC, the company that provided food service at the jail, and two of its employees.

According to the Second Amended Complaint, an inmate working on the lunch line that day had a nosebleed during meal preparation and blood got into the food. The complaint alleges that another inmate tried to throw the food out, that a Summit supervisor stopped him and directed the food back onto the serving line, that the food was served to inmates, and that the person whose blood was in the food was positive for hepatitis C. The complaint further alleges that some plaintiffs have since tested positive for hepatitis C for the first time. The claims are negligence, violation of federal and Montana constitutional rights, battery, and punitive damages.

In their Answer, the defendants deny the claims, deny that anyone was harmed, and assert affirmative defenses. The Court has not decided any of these questions. What happened, and who is responsible, will be decided by a jury unless the case is resolved before trial.

Everything on this page comes from the public court file or from public statements by the parties and the Cascade County Sheriff’s Office. This page does not describe evidence, and Boland Aarab PLLP does not comment on the evidence outside the courtroom.

Case status · last updated September 14, 2026The case is in the discovery phase. Under the Court’s Scheduling Order, discovery closes June 4, 2027, and a jury trial is set to begin September 20, 2027, at the federal courthouse in Great Falls. A motion asking the Court to allow five additional plaintiffs to join the case was filed September 9, 2026. The defendants object, and the Court has not ruled.

Common questions

Am I a plaintiff in the case?
The plaintiffs are listed by name on the first pages of the Second Amended Complaint, posted below. If your name is not there, you are not a plaintiff at this time. A motion to add five more plaintiffs is pending; if the Court grants it, the new complaint will be posted here.
What is happening in the case right now?
Cases like this are always changing and evolving. We will update you directly on key developments. If you have a question about where things stand, please call us at (406) 315-3737.
How will I get updates?
We will endeavor to update you by phone, email, and letter as the case develops. You are also encouraged to check in with us by phone or email whenever you can. This page is an additional place to find the public filings and general information.
How do I get copies of the court filings?
The key filings are posted below, and the complete court file is available to anyone on PACER. If you have trouble getting a copy, please email, write, or call us and we will help.
How long will this take?
Trial is set for September 20, 2027. Cases of this size can take that long or longer, and either side can appeal after trial.

Case timeline

Public developments only. Each entry corresponds to a filing or court event you can verify on PACER.

  • September 9, 2026Plaintiffs filed a motion asking the Court for permission to file a Third Amended Complaint adding five plaintiffs, and to set a final deadline for anyone else seeking to join. The defendants object. The Court has not ruled.
  • July 17, 2026The defendants filed their Answer to the Second Amended Complaint, denying the claims and asserting affirmative defenses.
  • July 6, 2026Second Amended Complaint filed. This is the current complaint and lists every plaintiff by name.
  • June 3, 2026The Court held a preliminary pretrial conference and entered a Scheduling Order. Discovery closes June 4, 2027; the jury trial is set for September 20, 2027, in Great Falls.
  • December 2025Lawsuit filed in the United States District Court for the District of Montana, Great Falls Division.
  • September 28, 2025The lunch service at the Cascade County Detention Center that is the subject of the lawsuit.

How to get court filings

  1. This page. The key filings are below. Read, download, or print them at no cost.
  2. PACER (the Court’s public record). The complete docket is at pacer.uscourts.gov, case number 4:25-cv-00108. PACER requires a free account and charges a small per-page fee.
  3. Email us. Send the name of the filing you want, and the email address to send it to (yours or a family member’s), to summit@bolandaarab.com.
  4. Write to us. Boland Aarab PLLP, 18 6th Street North, Suite 200, Great Falls, MT 59401. Tell us which filing you need and where to send it.
  5. Call us. (406) 315-3737. If you have trouble getting a copy any other way, we will help.

Key court filings

We post the filings that matter most to plaintiffs. Routine filings are not posted here; all of them are on PACER. This page contains public filings only — never discovery, medical records, or client information.

DateDocumentWhat it isPDF
Sept. 9, 2026Plaintiffs’ Motion for Leave to File Third Amended Complaint (Doc. 23)Asks the Court to allow five additional plaintiffs to join and to set a final joinder deadline. The proposed Third Amended Complaint is attached as Exhibit A. The defendants object. No ruling yet.Download
July 17, 2026Defendants’ Answer to Second Amended Complaint (Doc. 22)The defendants’ formal response denying the claims and asserting affirmative defenses.Download
July 6, 2026Second Amended Complaint (Doc. 21)The current complaint. Lists every plaintiff by name and states the claims against the defendants.Download
June 3, 2026Scheduling Order (Doc. 19)The Court’s calendar for the case, including the June 4, 2027 discovery deadline and the September 20, 2027 trial date.Download

In the news

Reporting by Montana news organizations. These are outside links; Boland Aarab PLLP is not responsible for their content and does not comment on the evidence outside the courtroom.

Who represents the plaintiffs

Boland Aarab PLLP (Great Falls), Bechtold Law Firm PLLC (Missoula), and Heenan & Cook (Billings) represent the plaintiffs together. The defendants are represented by Browning, Kaleczyc, Berry & Hoven, P.C.

Boland Aarab PLLP18 6th Street North, Suite 200, Great Falls, MT 59401
Email summit@bolandaarab.com  ·  Phone (406) 315-3737

This page provides public court records and general information only. It is not legal advice and does not create an attorney-client relationship. Nothing on this page is a statement about the evidence or the merits of any claim. Information about any individual plaintiff’s claim comes from that plaintiff’s attorney, not from this page.