Cattle graze near Picabo, Idaho. The United Nations has designated 2026 the International Year of Rangelands and Pastoralists.

An Idaho cattleman claims the theft of his livestock was enabled by a Montana brand inspector who failed to act on warnings to stop a fraudulent transaction.

JJ Nelson, owner of a feedlot near Payette, Idaho, has filed a lawsuit against the Montana Department of Livestock, which employed the brand inspector, for alleged negligence and unconstitutional government taking.

The complaint seeks compensation for the loss of Nelson’s cattle due to the agency’s alleged lack of “enforcement action” and “regulatory assistance,” with the amount of damages to be proven at trial.

The dispute stems from Nelson’s deteriorating partnership with a former business associate who isn’t named as a defendant in the lawsuit.

Nelson said he agreed for the former business partner to buy cattle on his behalf in Montana, then sell the “locker beef” directly to consumers and split the profits.

However, the relationship soured as the former business partner failed to honor loans for a meat-cutting operation and to pay for feedlot services, raising Nelson’s concerns about their cattle venture in Montana, he said.

“I didn’t know he was stealing from me until six months down the road,” Nelson said.

According to the lawsuit, Nelson held the title to 11 head of cattle the former business partner bought on his behalf at a Montana auction, which were to be fattened at a feedlot in that state until ready for slaughter.

The complaint claims the former business partner was repeatedly asked for information about the cattle but “no details were ever forthcoming,” prompting Nelson to contact a brand inspector at the Montana Department of Livestock in early 2022.

“I said I am dealing with a cattle rustler. This guy is stealing cattle,” Nelson said.

The lawsuit alleges the brand inspector confirmed that Nelson retained title to the cattle but refused to help restore the livestock to his possession or to recover the proceeds of its sale.

According to the complaint, the Montana Department of Livestock referred Nelson to a local prosecutor, who in turn declined to pursue a criminal case because it was a “civil matter.”

“As a result of the Department of Livestock’s refusal to provide reasonable regulatory assistance or enforce its own regulations, JJ Nelson has been deprived of his property and has suffered damages to be proven at trial,” the lawsuit said.

Jay Bodner, the department’s brands division administrator, saidthe agency “does not comment on pending litigation.”

In a separate legal action, an Idaho judge awarded Nelson a $43,000 default judgment against the former business partner for breaching agreements related to the Montana cattle venture and the other deals.

However, Nelson said he wants the Montana Livestock Department to be held accountable for its role in the cattle theft, which he alleges the agency’s brand inspector effectively enabled.

Despite acknowledging that Nelson held title to the cattle, the brand inspector signed off on a bill of sale that allowed his former business partner to pocket the money from selling the livestock, he said.

“They should have said: This is not the owner’s signature,” Nelson said. “They facilitated it. They let him take them.”