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MILLER v. IDAHO STATE PATROL

No. 37032.

252 P.3d 1274 (2011)

Jason MILLER, a single person, Plaintiff-Respondent, v. IDAHO STATE PATROL, Trooper Christopher Yount, Defendants-Appellants, and Jane Doe Yount, Bonner County, Bonner County Sheriff's Department, Deputy Jason Slinger and Jane Doe Slinger, husband and wife, and the marital community comprised thereof, Defendants.

Supreme Court of Idaho, Boise, February 2011 Term.

May 18, 2011.

Attorney(s) appearing for the Case

Johnson Law Group, Spokane, Washington, for Appellants. Peter J. Johnson argued.

Phelps & Associates, Spokane, Washington, for Respondent. Douglas D. Phelps argued.

W. JONES, Justice.

I. NATURE OF THE CASE

Idaho State Trooper Christopher Yount and the Idaho State Police appeal the district court's decision not to grant summary judgment in their favor on Jason Miller's claims under 42 U.S.C. § 1983 and state tort law alleging that Officer Yount unreasonably catheterized him following an arrest for DUI.1 Because American search-and-seizure law is undeveloped as to when an officer may...

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