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NATION v. STATE, DEPT. OF CORRECTION

No. 31110.

158 P.3d 953 (2007)

Kevin NATION and Lisa Nation, husband and wife; Klinton Hust and Noel Hust, husband and wife; and Angela Grigsby, an individual, Plaintiffs-Appellants, v. STATE of Idaho, DEPARTMENT OF CORRECTION; J.J. Rentie Jr.; George Miller; Greg Fisher; Jeff Henry; Al Ramirez; and John Does 1-5; County of Ada; Matt Stoppello; Gus Cahill, Defendants-Respondents.

Supreme Court of Idaho, Boise, December 2006 Term.

Rehearing Denied May 16, 2007.

Attorney(s) appearing for the Case

White Peterson, P.A., Nampa, for appellants. Sarah Hart Arnett argued.

Hon. Lawrence G. Wasden, Attorney General and Greg Hollis Bower, Ada County Prosecuting Attorney, Boise, for respondents. Phillip J. Collaer, Deputy Attorney General and James K. Dickinson, Deputy Ada County Prosecuting Attorney argued.

BURDICK, Justice.

Appellants appeal from two district court orders granting summary judgment to Respondents on the Appellants' federal civil rights claims and state law claims. We affirm the grant of summary judgment, but vacate the award of attorney's fees below.

I. FACTUAL AND PROCEDURAL BACKGROUND

Appellants Kevin Nation, Klinton Hust and Angela Grigsby were employed as corrections officers at the Idaho State Maximum Security Institution (IMSI...

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