SAMUEL v. MICHAUD

Civil No. 94-0353-N-DAE.

980 F.Supp. 1381 (1996)

Charles F. SAMUEL and Valerie A. Samuel, Plaintiffs, v. James MICHAUD, Individually, and in his Official Capacity as 1st Judicial District-Idaho Judge; Quentin Harden, Individually, and in his Official Capacity as 1st Judicial District-Idaho Magistrate; Eugene Marano, Individually, and in his Official Capacity as 1st Judicial District-Idaho Magistrate; Gary Haman, Individually, and in his Official Capacity as 1st Judicial District-Idaho Judge; Robert Bakes, Individually, and in his Official Capacity as former Idaho Supreme Court Judge; Charles McDevitt, Individually, and in his Official Capacity as Idaho Supreme Court Judge; Larry Boyle, Individually, and in his Official Capacity as former Idaho Supreme Court Judge and Current U.S. District Court Judge-Idaho Magistrate; Stephen Bistline, Individually, and in his Official Capacity as Idaho Supreme Court Judge; Michael Oths, Individually, and in his Official Capacity as Idaho State Bar Counsel; Stephen Ayers, Individually, and in his Official Capacity as former U.S. District Court Magistrate; Mikel Williams, Individually, and in his Official Capacity as U.S. District-Idaho Magistrate; Harold Ryan, Individually, and in his Official Capacity as U.S. District Court-Idaho Judge; Edward Lodge, Individually, and in his Official Capacity as U.S. District Court-Idaho Judge; Maurice Ellsworth, Individually, and in his Official Capacity as former U.S. Attorney for Idaho; D. Marc Haws, Individually, and in his Official Capacity as Assistant U.S. Attorney for Idaho; Andrea Pogue, Individually, and in her Official Capacity as Assistant United States Attorney for Idaho; Marie Scott, Individually, and in her Official Capacity as 1st Judicial District Court-Idaho Bonner Co. Clerk of Court; Kathleen Hutter, Individually, and in her Official Capacity as 1st Judicial District Court-Idaho Bonner Co. Deputy Clerk; Wanda Savage, Individually, and in her Official Capacity as 1st Judicial District Court-Idaho Bonner Co. Deputy Clerk; Sandra Roberts, Individually, and in her Official Capacity as 1st Judicial District Court-Idaho Bonner Co. Deputy Clerk; Frederick Lyons, Individually, and in his Official Capacity as Clerk of Idaho Supreme Court; Claudia Kopper, Individually, and in her Official Capacity as Administrative Assistant to Executive Director and as Clerk of Professional Conduct Board of Idaho State Bar; Robert Huntley, Jr., Individually, and in his Official Capacity as Chairperson for Professional Conduct Board of Idaho State Bar; Bruce Smith, Individually, and in his Official Capacity as Member of Professional Conduct Board/Idaho State Bar; Kathryn Sticklen, Individually, and in her Official Capacity as Member of Professional Conduct Board/Idaho State Bar; Linnae Costello, Individually, and in her Official Capacity as Member of Professional Conduct Board/Idaho State Bar; Patti Latham, Individually, and in her Official Capacity as former Deputy Clerk U.S. District Court-Idaho; Cameron Burke, Individually, and in his Official Capacity as Clerk U.S. District Court-Idaho; Ron Haberman, Individually, and in his Official Capacity as Deputy Clerk U.S. District Court-Idaho, Ann Wade-Lawron, Individually, and in her Official Capacity as Deputy Clerk U.S. District Court-Idaho; Darrell Early, Individually, and in his official capacity as Law Clerk for U.S. District Court-Idaho, Lee Parker, Individually, and in her Official Capacity as Deputy Clerk U.S. District Court-Idaho; Sharla Worthen, Individually, and in her Official Capacity as Deputy Clerk U.S. District Court-Idaho; Byron Johnson, Individually, and in his Official Capacity as Idaho Supreme Court Judge; Chris Dreps, Individually, and in her Official Capacity as Deputy Clerk U.S. District Court-Idaho; Elizabeth Sharp, Individually, and in her Official Capacity as Deputy Clerk U.S. District Court-Idaho; Barbara Keck, Individually, and her Official Capacity as Court Recorder/ESR Unit U.S. District Court-Idaho; Irene Dunbar, Individually, and in her Official Capacity as Court Recorder/ESR Unit U.S. District Court-Idaho; Joanne Cook, Individually, and in her Official Capacity as Court Recorder/ESR Unit U.S. District Court-Idaho; Jerry Clapp, Individually, and in his Official Capacity as Deputy Clerk U.S. District Court-Idaho; Carl Bianchi, Individually, and in his Official Capacity as Deputy Clerk Idaho Supreme Court; Todd Foster, Private Person Acting Under the Color of State and Federal Law Authority and Custom; Spokesman Review Newspaper and/or John/Jane Does Thereof; Evan "Chip" Roos, Individually, and in his Official Capacity as Bonner County, Idaho Sheriff; Robert McCammon, Private Person Acting Under Color of State Law, Authority and Custom; Corroon & Black Administrative Services, Inc. and/or John/Jane Does Thereof; and Twenty Unnamed and Unknown John and Jane Does, Defendants.

United States District Court, D. Idaho.

March 7, 1996.


Attorney(s) appearing for the Case

Charles F. Samuel, Nordman, ID, pro se.

Valerie A. Samuel, Nordman, ID, pro se.

David G. High, Dist. Atty. Gen., Office of Attorney General, Dept. of Business Regulation, Boise, ID, for James Michaud, Quentin Harden, Eugene Marano, Gary Haman, Robert Bakes, Charles McDevitt, Stephen Bistline, Michael Oths, Marie Scott, Kathleen Hutter, Wanda Savage, Sandra Roberts, Fredrick Lyons, Claudia Kopper, Robert Huntley, Jr., Bruce Smith, Kathryn Sticklen, Linnae Costello, Byron Johnson.

David G. High, Dist. Atty. Gen., Office of Attorney General, Dept. of Business Regulation, Robert C. Grisham, U.S. Attorney's Office, Boise, ID, for Larry Boyle.

Duane M. Swinton, Spencer W. Stromberg, Witherspoon Kelley Davenport & Toole, Spokane, WA, for Todd J. Foster, Spokesman-Review Newspaper.

Peter C. Erbland, Paine Hamblen Coffin Brooke & Miller, Coeur d'Alene, ID, for Evan "Chip" Roos, Robert McCammon, Corroon & Black Administrative Services, Inc.


ORDER GRANTING FEDERAL DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, GRANTING IN PART AND DENYING IN PART FEDERAL DEFENDANTS' MOTION FOR SANCTIONS, GRANTING STATE DEFENDANTS' MOTION TO DISMISS AND FOR ATTORNEYS' FEES AND SUA SPONTE DISMISSING CLAIMS AGAINST REMAINING DEFENDANTS

DAVID ALAN EZRA, District Judge.

The court heard Federal Defendants' Motions and State Defendants' Motion on February 22, 1996. Plaintiffs Charles F. Samuel and Valerie A. Samuel...

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