This week I had to write that "sorry, but I cannot take your civil rights case" letter to a man who had been badly assaulted in prison.  In Idaho over the past year there have been a number of lawsuits filed by prisoners and lawyers on their behalf for damages they received when the prison failed to protect them from


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 Can parents sue a school district for wrongful death, when their theory of liability is that the district owed their child a duty to supervise her or her killers? The answer here – no.  

In Stoddart v. Pocatello School District, the Idaho Supreme Court (Justice Horton writing the decision) affirms the district court’s decision and dismisses the


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 A recent Idaho Court of Appeals decision addresses an issue often raised by clients facing a restitution order following conviction or entry of a plea of guilty to a crime. In State v. Blair, a woman who had been convicted of stealing money from her employer objected to the amount of restitution the court determined she owed. She


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 The Idaho Supreme Court decided an interesting case in which the Boy Scouts of America sought to dismiss a case brought by sex abuse victims who had not proceeded with their cases until they were adults. Generally, Idaho civil law contains a statute of limitations that ends liability for civil cases after some number of years. For example – if


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 Almost forgot about this one – Charles Hartman – pled guilty to sexual abuse of a minor in 2007. On January 13th a jury awarded his victim $1.9 million. Boise lawyer Walt Bithell represented the victim, who was 16 at the time she was molested. Speaking about the role of the civil case:

"The civil case is designed to do


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  I was just reading an article about the dangers posed by big rig trucks and the statistics are alarming. Every year truckers kill innocent persons because they fail to drive safely.  It happens because truck drivers suffer from fatigue, get too little sleep, drive too many miles and often rely on drugs to keep them on the road.  The US


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A bank can be sued for failing to conduct a reasonable investigation before initiating a criminal complaint against an identity theft victim.  In an unpublished opinion out of New Jersey, the appellate court reversed an order granting summary judgment to the bank, and held that the main issue – whether the bank had acted with malice in calling the cops


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