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HERRERA v. CONNER

No. 16055.

729 P.2d 1075 (1986)

111 Idaho 1012

Ramon Loya HERRERA and Teresa Herrera, husband and wife, Plaintiffs-Appellants, v. Robert CONNER, Michael Lance, Earl Andrew, City of Burley, County of Cassia, and State of Idaho, Defendants-Respondents.

Court of Appeals of Idaho.

Rehearing Denied January 16, 1987.

Petition for Review Granted February 26, 1987.

Attorney(s) appearing for the Case

Robert M. Nielsen, Rupert, for plaintiffs-appellants.

Bruce R. McAllister (argued), and Jonathan P. Carter (Quane, Smith, Howard & Hull), Boise, for defendants-respondents Robert Conner and State of Idaho.

Paul S. Penland (argued), and Richard C. Boardman (Lojek, Penland & Munther), Boise, for defendants-respondents Michael Lance, Earl Andrew, City of Burley and Cassia County.

Parsons, Smith, Stone & Fletcher, Burley, for defendant-respondent City of Burley.

Barrus & Bywater, Burley, for defendant-respondent County of Cassia.

Jim Jones, Atty. Gen., Boise, for defendant-respondent State of Idaho.

WALTERS, Chief Judge.

Ramon Herrera filed suit against several police officers, the City of Burley, the County of Cassia, and the State of Idaho for alleged violations of his civil rights stemming from his arrest, incarceration and physical treatment in the Cassia County jail. Herrera was arrested for allegedly interfering with the investigation of his brother who was being questioned for drunken driving. On a motion for summary judgment, the district court dismissed...

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