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KESSLER v. BAROWSKY

No. 22969.

931 P.2d 641 (1997)

129 Idaho 647

Lenore KESSLER, individually, and as Personal Representative of the Estate of Bobbie F. Kessler, deceased, Plaintiff-Appellant, v. Bob BAROWSKY, Payette County, State of Idaho Department of Law Enforcement, Richard L. Cade, Ronald Moore, David L. Neal, Stephen C. Jones, Michael R. Nauman, David L. Case, and Wayne March, Jr., Defendants-Respondents.

Supreme Court of Idaho, Boise, December 1996 Term.

January 29, 1997.

Attorney(s) appearing for the Case

Jim Jones & Associates, Boise, for plaintiff-appellant. Jim Jones argued.

Hamlin & Sasser, Boise, for County defendants-respondents. Ronald D. Christian argued.

Quane, Smith, Howard & Hull, Boise, for State defendants-respondents. Phillip Collaer argued.

JOHNSON, Justice.

This is a wrongful death case arising out of an arrest. We conclude that the trial court incorrectly granted summary judgment dismissing claims for negligent planning and execution of the arrest, and for negligent supervision, and dismissing civil rights claims against state law enforcement officers as individuals. We uphold the trial court's summary judgment dismissing the civil rights claims against the state, the county, and the sheriff, and against...

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