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HOPPER v. HAYES

Civ. No. 82-2014.

573 F.Supp. 1368 (1983)

Gordon E. HOPPER, Plaintiff, v. David HAYES, individually and in his capacity as a police officer of Orofino, Idaho, and Nancy L. Hayes, his wife; James Pishl, individually and in his official capacity as Chief of Police of Orofino, Idaho, John Doe(s) 1 through 10, in their official capacities as police officers of Orofino, Idaho, and/or Clearwater County, Idaho; The City of Orofino, Idaho; Henry Clay, in his former official capacity as Mayor of Orofino, Idaho; Douglas Crockett, Thomas Pettigrew, Suzanne Calhoun, Clark Burnham, James W. Cochrane, and Douglas W. Shepherd, in their former and/or present official capacities as the City Council of Orofino, Idaho; Richard Nesbitt, and Irvin H. Stuker, individually and in their official capacities as investigators for the Idaho Bureau of Investigation; and Nick R. Albers, individually and in his capacity as Sheriff of Clearwater County, Defendants.

United States District Court, D. Idaho.

October 14, 1983.

Attorney(s) appearing for the Case

Eli Rapaich and Daniel Spickler, Rapaich & Knutson, Lewiston, Idaho, for plaintiff.

Brian K. Julian, Quane, Smith, Howard & Hull, Boise, Idaho, for defendants Richard Nesbitt and Irvin Stuker.

Samuel Eismann, Coeur d'Alene, Idaho, for defendant Hayes.

Reed Clements, Michael E. McNichols, Clements, Brown & McNichols, Lewiston, Idaho, for remaining defendants.

MEMORANDUM OPINION AND ORDER

RYAN, District Judge.

I. FACTS

On February 29, 1980, Gordon Hopper (Hopper) was stopped by Sgt. David Hayes (Hayes) of the Orofino Police Department for driving erratically. Evidently both Hayes and Hopper exited their vehicles. While the facts of this particular incident are unclear, it is alleged that Officer Hayes attempted to arrest Hopper for reckless driving and an argument resulted. When Hayes started back to...

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