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PUCKETT v. CITY OF EMMETT

No. 16534.

747 P.2d 48 (1987)

113 Idaho 639

Royal Von PUCKETT, Plaintiff-Appellant, v. The CITY OF EMMETT, Idaho, a municipal corporation; Michael John Priest, Emmett City Chief of Police; Dale Olson, Larry Downer, Clarence Mitchell, William Jewell, Tom Hewlett, and Larry Harshfield, Emmett City Council Members, and Rod Morgan, Mayor of the City of Emmett, Idaho, Defendants-Respondents.

Supreme Court of Idaho.

Rehearing Denied January 7, 1988.

Attorney(s) appearing for the Case

Vernon K. Smith, Boise, for plaintiff-appellant.

Quane, Smith, Howard & Hull, Boise, for defendants-respondents. Kathryn A. Sticklen argued.

BISTLINE, Justice.

In April 1979, Puckett, an Emmett police officer, observed a vehicle owned by Audrey and David Rhoton which displayed cancelled license plates. Puckett arrested the Rhotons. In July 1979, the Emmett City Attorney dismissed the charges against the Rhotons.

Two months later, in August 1979, Puckett persuaded the Gem County Prosecutor to file the same charges against the Rhotons. Despite the fact that misdemeanor charges cannot be refiled,...

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