Brian Tackett v. Montana Dept. of Public Health and Human Services

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 4 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

BRIAN TACKETT, individually, as Personal No. 22-35326 Representative of the Estate of Robbie Ann Tackett, and as Guardian of Minor Children D.C. No. 9:21-cv-00037-BMM G.T. and G.T.,

Plaintiff-Appellant, MEMORANDUM*

and

KAITLYN OWEN,

Plaintiff,

v.

MONTANA DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES; et al.,

Defendants-Appellees,

and

XAVIER BECERRA, Secretary of the United States Department of Health and Human Services; U.S. DEPARTMENT OF

HEALTH & HUMAN SERVICES,

Defendants.

Appeal from the United States District Court

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. for the District of Montana Brian M. Morris, Chief District Judge, Presiding

Argued and Submitted May 17, 2024 San Francisco, California

Before: LEE and BRESS, Circuit Judges, and KANE,** District Judge.

Brian Tackett’s wife, Robbie Ann Tackett, died of cardiac arrest in 2019. In

the eighteen months leading to her death, she was…