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ATHAY v. STACEY

No. 31164.

128 P.3d 897 (2005)

142 Idaho 360

Kyle ATHAY, Plaintiff-Appellant, v. Dale M. STACEY, individually and in his official capacity as Sheriff of Rich County, Utah; Rich County, Utah, a political subdivision of the State of Utah; Chad Ludwig, individually and in his official capacity as a Deputy Sheriff of the Bear Lake County Sheriff's Department; Gregg Athay, individually and in his official capacity as Captain of the Sheriff's Department of Bear Lake County, Idaho; Brent Bunn, individually and in his official capacity as Sheriff of Bear Lake County, Idaho; Bear Lake County, Idaho, a political subdivision of the State of Idaho, Defendants-Respondents.

Supreme Court of Idaho, Idaho Falls, September 2005 Term.

Rehearing Denied February 3, 2006.

Attorney(s) appearing for the Case

Craig R. Jorgensen, Pocatello, argued for appellants.

Naylor & Hales, P.C., Boise, for respondents Chad Ludwig, Gregg Athay, Brent Bunn, and Bear Lake County. Kirtlan G. Naylor argued.

Stirba & Hathaway, Utah, and Pike & Smith, P.A., Idaho Falls, for respondents Dale Stacey and Rich County. Peter Stirba argued.

EISMANN, Justice.

This is an appeal from summary judgments dismissing the Plaintiffs' claims arising from a collision involving a driver fleeing a police pursuit. The district court held that none of the individual defendants' conduct reached the level of reckless disregard or was a proximate cause of the collision. We affirm in part and vacate in part.

I. FACTS AND PROCEDURAL HISTORY

On June 10, 1999, at approximately 10:12 p.m., the sheriff's dispatcher...

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