ANDERSON v. CITY OF POCATELLO

No. 15703.

731 P.2d 171 (1986)

112 Idaho 176

Michael ANDERSON, Plaintiff/Appellant/Cross-Respondent, v. CITY OF POCATELLO, a municipal corporation; Ron Black, individually and as a public officer of the City of Pocatello; and Bruce Gentillon individually and as a public officer of the City of Pocatello, Defendants/Respondents/Cross-Appellants.

Supreme Court of Idaho.

On Rehearing January 28, 1987.


Attorney(s) appearing for the Case

Dan Edwards of Suiter, Edwards & Gere, Eagle, for plaintiff/appellant/cross-respondent.

Jesse C. Robison (argued) and L. Charles Johnson, of Johnson, Olson, Robison, Chartered & Pocatello, for defendants/respondents/cross-appellants.


BISTLINE, Justice.

Anderson commenced a tort action against the defendants-respondents on theories of violation of his civil rights (afforded remedy under 42 U.S.C. § 1983), assault and battery, and negligence. The district court granted summary judgment to the respondents, but denied granting attorney's fees to the respondents. Anderson appeals the former holding; respondents appeal the latter. We affirm the district court's granting of summary judgment on all...

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