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CHALOUX v. KILLEEN

No. 88-3563.

873 F.2d 1274 (1989)

Marie CHALOUX; Nancy Morgan, and Clarence Paine, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Vaughn KILLEEN, in his official capacity as Sheriff of Ada County, State of Idaho; Robert Aja, in his official capacity as Sheriff of Gooding County, State of Idaho, and on behalf of all other County Sheriffs of the State of Idaho, similarly situated, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 1, 1989.

Attorney(s) appearing for the Case

Howard A. Belodoff, Idaho Legal Aid Services, Inc., Boise, Idaho, for plaintiffs-appellants.

Phillip Collaer, Deputy Pros. Atty., Boise, Idaho, for defendants-appellees.

Before WRIGHT and ALARCON, Circuit Judges, and TEVRIZIAN, District Judge.

EUGENE A. WRIGHT, Circuit Judge:

We consider here whether county sheriffs are liable under 42 U.S.C. § 1983 for enforcing state garnishment statutes that are allegedly unconstitutional.

Appellants Marie Chaloux, Nancy Morgan, and Clarence Paine subsist on government benefits exempt by federal statute from garnishment. Those benefits are deposited directly into their bank accounts.

In unrelated actions, creditors obtained default judgments against...

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