Nightingale College Lawsuit: Georgia and Montana Cases

Nightingale College, a Salt Lake City-based online nursing school, filed two federal lawsuits on February 12, 2026, challenging rules in Georgia and Montana that prevent its students from completing required clinical rotations inside those states. The Nightingale College lawsuits, filed with the Pacific Legal Foundation as counsel, argue the state nursing boards’ restrictions violate the U.S. Constitution, and the Georgia case adds a federal antitrust claim. Both suits remain pending, with no rulings or settlements publicly reported as of mid-2026.¹

What the Lawsuits Are Fighting Over

Nightingale runs a distance-learning model. Coursework happens online, and students arrange hands-on clinical hours at hospitals and clinics in their own communities. The two state nursing boards named in the suits effectively block that arrangement for students enrolled in out-of-state programs, even when local facilities are willing to host them.

The cost falls on students. Tioney Thomas, a Georgia-based plaintiff, said flights, hotels, and meals for out-of-state clinicals were “almost a dealbreaker.”¹ Carolyn Patchett, a military spouse who has lived in Alaska, Washington, Georgia, and Colorado, chose Nightingale for the flexibility to study while raising three children through frequent moves. She had lined up a clinical placement at a Montana facility and was blocked by the state’s board.²

The Georgia Case: Nightingale College v. Tanner

Nightingale College LLC et al v. Tanner et al, Case No. 1:26-cv-00818, was filed in the U.S. District Court for the Northern District of Georgia. Plaintiffs are Nightingale College, Thomas, and Patchett. The defendant is the Georgia Board of Nursing.³

The complaint raises three sets of claims:

A Dormant Commerce Clause claim arguing Georgia’s policy discriminates against out-of-state educational institutions and burdens interstate commerce.
An Equal Protection claim arguing the differential treatment of out-of-state programs has no rational tie to public health or safety and exists to shield local schools from competition.
A federal antitrust claim alleging the Georgia Board of Nursing, whose members are predominantly working nurses and nurse educators, operates as a “restraint of trade by incumbent market participants against would-be competitors.”¹

The complaint also alleges the Board subjects out-of-state institutions to redundant vetting and refuses to recognize Nightingale’s existing accreditation and credentials.¹

The Montana Case: Nightingale College v. Spangler

Nightingale College v. Spangler was filed the same day in the U.S. District Court for the District of Montana in Helena. The plaintiffs are Nightingale College and Patchett. The named defendants are Sarah Spangler, presiding officer of the Montana Board of Nursing, and Missy Poortenga, the board’s executive officer.²

The Montana complaint rests on the Dormant Commerce Clause and Equal Protection Clause and does not include an antitrust count. The plaintiffs call Montana’s rules a “discriminatory scheme” that “fences off” the state’s clinical training market to protect in-state programs.²

The State Rules Behind the Lawsuits

The specific requirements differ, but their effect on out-of-state programs is similar.

Georgia

Georgia Board of Nursing regulations require any nursing education program running clinicals in the state to comply with the Registered Professional Nurse Practice Act. Faculty must hold current Georgia nursing licenses. Programs must maintain written agreements with each clinical site, and inpatient settings require a minimum faculty-to-student ratio of one registered nurse per ten students. Students in baccalaureate or higher programs must themselves hold a current Georgia license to participate in clinical learning activities involving patients.⁴ Nightingale argues these requirements, layered together, operate as a prohibition on out-of-state programs running clinicals in the state.

Montana

Montana’s administrative rule requires an out-of-state program director to submit a written request to the Board of Nursing identifying the specific student, clinical facility, liaison, preceptors, and faculty, along with proof of the program’s accreditation and unconditional board approval in its home state. Out-of-state faculty providing direct patient care must hold an unencumbered Montana nursing license. The rule also requires written verification from directors of Montana nursing programs that the placement will not displace a Montana student.⁵ The lawsuit characterizes the displacement-verification requirement as forcing out-of-state programs to seek permission from their in-state competitors.⁶

Where the Cases Stand

Both suits are in their early stages. No court rulings, motions to dismiss, or settlement discussions have been publicly reported.¹ The Montana Department of Labor and Industry, which oversees the state Board of Nursing, said it “does not comment on pending litigation” and had not filed a formal response as of February 2026.² No public response from the Georgia Board of Nursing has been reported. Pacific Legal Foundation, representing Nightingale and the student plaintiffs free of charge, is seeking to have the state rules struck down permanently.⁷

Not the Same as “Operation Nightingale”

Searches for Nightingale College lawsuits often surface “Operation Nightingale,” a federal criminal case announced in January 2023 involving more than 7,600 fake nursing diplomas and transcripts sold through three now-closed Florida schools: Siena College, Sacred Heart International Institute, and Palm Beach School of Nursing. Twenty-five individuals were charged.⁸ Nightingale College in Utah has no connection to that investigation.

1
Pacific Legal Foundation. Nightingale College v. Tanner
2
Bozeman Daily Chronicle. Lawsuit: Amid Health Care Worker Shortage, Montana Blocks Out-of-State Nursing Students
3
Law360. GA Nursing Board Faces Suit Over Student Placement Policy
4
Georgia Secretary of State. Chapter 410-8: Georgia Board of Nursing
5
Cornell Law Institute. Mont. Admin. R. 24.159.608
6
Pacific Legal Foundation. Nightingale College v. Spangler
7
Pacific Legal Foundation. Online Nursing School Challenges State Barriers to Clinical Training
8
U.S. Department of Health and Human Services Office of Inspector General. Operation Nightingale