Samuel v. Michaud, Civil No. 94-0353-N-DAE.

CourtUnited States State Supreme Court of Idaho
Writing for the CourtDavid Alan Ezra
Citation980 F.Supp. 1381
Decision Date07 March 1996
Docket NumberCivil No. 94-0353-N-DAE.
PartiesCharles F. SAMUEL and Valerie A. Samuel, Plaintiffs, v. James MICHAUD, Individually, and in his Official Capacity as 1st Judicial District-Idaho Judge; Quentin Harden, Individually, and in his Official Capacity as 1st Judicial District-Idaho Magistrate; Eugene Marano, Individually, and in his Official Capacity as 1st Judicial District-Idaho Magistrate; Gary Haman, Individually, and in his Official Capacity as 1st Judicial District-Idaho Judge; Robert Bakes, Individually, and in his Official Capacity as former Idaho Supreme Court Judge; Charles McDevitt, Individually, and in his Official Capacity as Idaho Supreme Court Judge; Larry Boyle, Individually, and in his Official Capacity as former Idaho Supreme Court Judge and Current U.S. District Court Judge-Idaho Magistrate; Stephen Bistline, Individually, and in his Official Capacity as Idaho Supreme Court Judge; Michael Oths, Individually, and in his Official Capacity as Idaho State Bar Counsel; Stephen Ayers, Individually, and in his Official Capacity as former U.S. District Court Magistrate; Mikel Williams, Individually, and in his Official Capacity as U.S. District-Idaho Magistrate; Harold Ryan, Individually, and in his Official Capacity as U.S. District Court-Idaho Judge; Edward Lodge, Individually, and in his Official Capacity as U.S. District Court-Idaho Judge; Maurice Ellsworth, Individually, and in his Official Capacity as former U.S. Attorney for Idaho; D. Marc Haws, Individually, and in his Official Capacity as Assistant U.S. Attorney for Idaho; Andrea Pogue, Individually, and in her Official Capacity as Assistant United States Attorney for Idaho; Marie Scott, Individually, and in her Official Capacity as 1st Judicial District Court-Idaho Bonner Co. Clerk of Court; Kathleen Hutter, Individually, and in her Official Capacity as 1st Judicial District Court-Idaho Bonner Co. Deputy Clerk; Wanda Savage, Individually, and in her Official Capacity as 1st Judicial District Court-Idaho Bonner Co. Deputy Clerk; Sandra Roberts, Individually, and in her Official Capacity as 1st Judicial District Court-Idaho Bonner Co. Deputy Clerk; Frederick Lyons, Individually, and in his Official Capacity as Clerk of Idaho Supreme Court; Claudia Kopper, Individually, and in her Official Capacity as Administrative Assistant to Executive Director and as Clerk of Professional Conduct Board of Idaho State Bar; Robert Huntley, Jr., Individually, and in his Official Capacity as Chairperson for Professional Conduct Board of Idaho State Bar; Bruce Smith, Individually, and in his Official Capacity as Member of Professional Conduct Board/Idaho State Bar; Kathryn Sticklen, Individually, and in her Official Capacity as Member of Professional Conduct Board/Idaho State Bar; Linnae Costello, Individually, and in her Official Capacity as Member of Professional Conduct Board/Idaho State Bar; Patti Latham, Individually, and in her Official Capacity as former Deputy Clerk U.S. District Court-Idaho; Cameron Burke, Individually, and in his Official Capacity as Clerk U.S. District Court-Idaho; Ron Haberman, Individually, and in his Official Capacity as Deputy Clerk U.S. District Court-Idaho, Ann Wade-Lawron, Individually, and in her Official Capacity as Deputy Clerk U.S. District Court-Idaho; Darrell Early, Individually, and in his official capacity as Law Clerk for U.S. District Court-Idaho, Lee Parker, Individually, and in her Official Capacity as Deputy Clerk U.S. District Court-Idaho; Sharla Worthen, Individually, and in her Official Capacity as Deputy Clerk U.S. District Court-Idaho; Byron Johnson, Individually, and in his Official Capacity as Idaho Supreme Court Judge; Chris Dreps, Individually, and in her Official Capacity as Deputy Clerk U.S. District Court-Idaho; Elizabeth Sharp, Individually, and in her Official Capacity as Deputy Clerk U.S. District Court-Idaho; Barbara Keck, Individually, and her Official Capacity as Court Recorder/ESR Unit U.S. District Court-Idaho; Irene Dunbar, Individually, and in her Official Capacity as Court Recorder/ESR Unit U.S. District Court-Idaho; Joanne Cook, Individually, and in her Official Capacity as Court Recorder/ESR Unit U.S. District Court-Idaho; Jerry Clapp, Individually, and in his Official Capacity as Deputy Clerk U.S. District Court-Idaho; Carl Bianchi, Individually, and in his Official Capacity as Deputy Clerk Idaho Supreme Court; Todd Foster, Private Person Acting Under the Color of State and Federal Law Authority and Custom; Spokesman Review Newspaper and/or John/Jane Does Thereof; Evan "Chip" Roos, Individually, and in his Official Capacity as Bonner County, Idaho Sheriff; Robert McCammon, Private Person Acting Under Color of State Law, Authority and Custom; Corroon & Black Administrative Services, Inc. and/or John/Jane Does Thereof; and Twenty Unnamed and Unknown John and Jane Does, Defendants.
980 F.Supp. 1381
Charles F. SAMUEL and Valerie A. Samuel, Plaintiffs,
v.
James MICHAUD, Individually, and in his Official Capacity as 1st Judicial District-Idaho Judge; Quentin Harden, Individually, and in his Official Capacity as 1st Judicial District-Idaho Magistrate; Eugene Marano, Individually, and in his Official Capacity as 1st Judicial District-Idaho Magistrate; Gary Haman, Individually, and in his Official Capacity as 1st Judicial District-Idaho Judge; Robert Bakes, Individually, and in his Official Capacity as former Idaho Supreme Court Judge; Charles McDevitt, Individually, and in his Official Capacity as Idaho Supreme Court Judge; Larry Boyle, Individually, and in his Official Capacity as former Idaho Supreme Court Judge and Current U.S. District Court Judge-Idaho Magistrate; Stephen Bistline, Individually, and in his Official Capacity as Idaho Supreme Court Judge; Michael Oths, Individually, and in his Official Capacity as Idaho State Bar Counsel; Stephen Ayers, Individually, and in his Official Capacity as former U.S. District Court Magistrate; Mikel Williams, Individually, and in his Official Capacity as U.S. District-Idaho Magistrate; Harold Ryan, Individually, and in his Official Capacity as U.S. District Court-Idaho Judge; Edward Lodge, Individually, and in his Official Capacity as U.S. District Court-Idaho Judge; Maurice Ellsworth, Individually, and in his Official Capacity as former U.S. Attorney for Idaho; D. Marc Haws, Individually, and in his Official Capacity as Assistant U.S. Attorney for Idaho; Andrea Pogue, Individually, and in her Official Capacity as Assistant United States Attorney for Idaho; Marie Scott, Individually, and in her Official Capacity as 1st Judicial District Court-Idaho Bonner Co. Clerk of Court; Kathleen Hutter, Individually, and in her Official Capacity as 1st Judicial District Court-Idaho Bonner Co. Deputy Clerk; Wanda Savage, Individually, and in her Official Capacity as 1st Judicial District Court-Idaho Bonner Co. Deputy Clerk; Sandra Roberts, Individually, and in her Official Capacity as 1st Judicial District Court-Idaho Bonner Co. Deputy Clerk; Frederick Lyons, Individually, and in his Official Capacity as Clerk of Idaho Supreme Court; Claudia Kopper, Individually, and in her Official Capacity as Administrative Assistant to Executive Director and as Clerk of Professional Conduct Board of Idaho State Bar; Robert Huntley, Jr., Individually, and in his Official Capacity as Chairperson for Professional Conduct Board of Idaho State Bar; Bruce Smith, Individually, and in his Official Capacity as Member of Professional Conduct Board/Idaho State Bar; Kathryn Sticklen, Individually, and in her Official Capacity as Member of Professional Conduct Board/Idaho State Bar; Linnae Costello, Individually, and in her Official Capacity as Member of Professional Conduct Board/Idaho State Bar; Patti Latham, Individually, and in her Official Capacity as former Deputy Clerk U.S. District Court-Idaho; Cameron Burke, Individually, and in his Official Capacity as Clerk U.S. District Court-Idaho; Ron Haberman, Individually, and in his Official Capacity as Deputy Clerk U.S. District Court-Idaho, Ann Wade-Lawron, Individually, and in her Official Capacity as Deputy Clerk U.S. District Court-Idaho; Darrell Early,

Page 1382

Individually, and in his official capacity as Law Clerk for U.S. District Court-Idaho, Lee Parker, Individually, and in her Official Capacity as Deputy Clerk U.S. District Court-Idaho; Sharla Worthen, Individually, and in her Official Capacity as Deputy Clerk U.S. District Court-Idaho; Byron Johnson, Individually, and in his Official Capacity as Idaho Supreme Court Judge; Chris Dreps, Individually, and in her Official Capacity as Deputy Clerk U.S. District Court-Idaho; Elizabeth Sharp, Individually, and in her Official Capacity as Deputy Clerk U.S. District Court-Idaho; Barbara Keck, Individually, and her Official Capacity as Court Recorder/ESR Unit U.S. District Court-Idaho; Irene Dunbar, Individually, and in her Official Capacity as Court Recorder/ESR Unit U.S. District Court-Idaho; Joanne Cook, Individually, and in her Official Capacity as Court Recorder/ESR Unit U.S. District Court-Idaho; Jerry Clapp, Individually, and in his Official Capacity as Deputy Clerk U.S. District Court-Idaho; Carl Bianchi, Individually, and in his Official Capacity as Deputy Clerk Idaho Supreme Court; Todd Foster, Private Person Acting Under the Color of State and Federal Law Authority and Custom; Spokesman Review Newspaper and/or John/Jane Does Thereof; Evan "Chip" Roos, Individually, and in his Official Capacity as Bonner County, Idaho Sheriff; Robert McCammon, Private Person Acting Under Color of State Law, Authority and Custom; Corroon & Black Administrative Services, Inc. and/or John/Jane Does Thereof; and Twenty Unnamed and Unknown John and Jane Does, Defendants.
Civil No. 94-0353-N-DAE.
United States District Court, D. Idaho.
March 7, 1996.

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Charles F. Samuel, Nordman, ID, pro se.

Valerie A. Samuel, Nordman, ID, pro se.

David G. High, Dist. Atty. Gen., Office of Attorney General, Dept. of Business Regulation, Boise, ID, for James Michaud, Quentin Harden, Eugene Marano, Gary Haman, Robert Bakes, Charles McDevitt, Stephen Bistline, Michael Oths, Marie Scott, Kathleen Hutter, Wanda Savage, Sandra Roberts, Fredrick Lyons, Claudia Kopper, Robert Huntley, Jr., Bruce Smith, Kathryn Sticklen, Linnae Costello, Byron Johnson.

David G. High, Dist. Atty. Gen., Office of Attorney General, Dept. of Business Regulation, Robert C. Grisham, U.S. Attorney's Office, Boise, ID, for Larry Boyle.

Duane M. Swinton, Spencer W. Stromberg, Witherspoon Kelley Davenport & Toole, Spokane, WA, for Todd J. Foster, Spokesman-Review Newspaper.

Peter C. Erbland, Paine Hamblen Coffin Brooke & Miller, Coeur d'Alene, ID, for Evan "Chip" Roos, Robert McCammon, Corroon & Black Administrative Services, Inc.

ORDER GRANTING FEDERAL DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, GRANTING IN PART AND DENYING IN PART FEDERAL DEFENDANTS' MOTION FOR SANCTIONS, GRANTING STATE DEFENDANTS' MOTION TO DISMISS AND FOR ATTORNEYS' FEES AND SUA SPONTE DISMISSING CLAIMS AGAINST REMAINING DEFENDANTS

DAVID ALAN EZRA, District Judge.


The court heard Federal Defendants' Motions and State Defendants' Motion on February 22, 1996. Plaintiffs Charles F. Samuel and Valerie A. Samuel appeared pro se. Assistant United States Attorney Robert C. Grisham appeared for the late Honorable Harold Ryan, the Honorable Edward Lodge, the Honorable Mikel Williams, the Honorable Larry Boyle, the Honorable Stephen Ayers (together referred to as "Federal Judges"), Maurice Ellsworth, D. Marc Haws, Andrea Pogue (together referred to as "U.S. Attorney Defendants"), Jerry Clapp, Cameron Burke, Patti Latham, Ron Haberman, Ann Wade-Lawron, Sharla Worthen, Chris Dreps, Elizabeth Sharp, Barbara Keck, Irene Dunbar, Joanne Cook, Darrell Early, and Lee Parker (together referred to as "Federal Clerk Defendants") (full group collectively referred to as "Federal Defendants"). Deputy Attorney General David G. High appeared for the Honorable James Michaud, the Honorable

Page 1389

Quentin Harden, the Honorable Eugene Marano, the Honorable Gary Haman, the Honorable Stephen Bistline, the Honorable Byron Johnson (together referred to as "State Judges"), Marie Scott, Kathleen Hutter, Wanda Savage, Sandra Roberts, Frederick Lyons, Carl Bianchi (together referred to as "State Clerk Defendants"), Claudia Kopper, Robert Huntley, Jr., Bruce Smith, Kathryn Sticklen, Linnae Costello (together referred to as "State Bar Defendants") and Michael Oths, (full group collectively referred to as "State Defendants"). The court having reviewed the motions and the supporting and opposing memoranda, GRANTS Federal Defendants' Motion for Summary Judgment, GRANTS IN PART and DENIES IN PART Federal Defendants' Motion for Sanctions, and GRANTS State Defendants' Motion to Dismiss and for Attorneys' Fees.

BACKGROUND

On August 26, 1994, Plaintiffs filed a forty-five page Amended Complaint1 against all Defendants in their individual and official capacities, claiming a conspiracy to deprive Plaintiffs of their constitutional rights in violation of 42 U.S.C. §§ 1981 et seq. and Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971).

The Amended Complaint begins by alleging that from January 1990, until the present date, all Defendants, while acting under color of state and federal law, conspired to cover up and conceal various violations of the law. The alleged violations of law are set forth in paragraphs VI A-L of the Amended Complaint. See also Background, Part I, infra. The Amended Complaint goes on to allege claims in twelve counts. Counts Three, Four, Eleven, and Twelve set forth claims against the Federal Defendants. Counts One, Two, and Five through Ten allege claims against State Defendants. Plaintiffs seek injunctive, equitable, and declaratory relief, as well as compensatory damages "in excess of $50,000 from each defendant." Amended Complaint, at 44.

I. General Allegations against All Defendants

Paragraphs VI A-G allege various acts of misconduct on the part of Forest Service employees, which are incidently the same acts of misconduct which were alleged in Samuel v. United States, United States District Court for the District of Idaho, No. 91-0087 ("Case 91-0087"). Paragraph VI H alleges various acts of misconduct on the part of various attorneys. Paragraphs VI I-L allege various acts of misconduct on the part of Bonner County Sheriff's employees.

Paragraph VII alleges that all Defendants agreed to rule against Plaintiffs in various lawsuits and administrative proceedings. Paragraphs VII(V) and (W) allege that in...

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  • In re Cochener, No. 01-34884-H4-7.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • December 28, 2007
    ...Rejecting the debtor's argument the court stated [a]lthough Shepherd, and one additional district court decision, Samuel v. Michaud, 980 F.Supp. 1381 (D.Idaho 1996)[, aff'd 129 F.3d 127 (9th Cir.1997)], enunciate the clear and convincing standard, the Court can find no wording in 11 U.S.C. ......
  • Lasko v. Am. Bd. of Surgery, Case No. 2:13–cv–01893–JAD–NJK.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. District of Nevada
    • September 19, 2014
    ...a notable difference in exceeding proper jurisdiction and acting in a clear absence of subject matter jurisdiction.” Samuel v. Michaud, 980 F.Supp. 1381, 1400–01 (D.Idaho 1996).44 Ashelman v. Pope, 793 F.2d 1072, 1078 (9th Cir.1986) (citations omitted).45 See generally Doc. 19; see also dis......
  • Lasko v. Am. Bd. of Surgery, Case No. 2:13–cv–01893–JAD–NJK.
    • United States
    • U.S. District Court — District of Nevada
    • September 19, 2014
    ...a notable difference in exceeding proper jurisdiction and acting in a clear absence of subject matter jurisdiction.” Samuel v. Michaud, 980 F.Supp. 1381, 1400–01 (D.Idaho 1996).44 Ashelman v. Pope, 793 F.2d 1072, 1078 (9th Cir.1986) (citations omitted).45 See generally Doc. 19; see also dis......
  • Cox v. Ashcroft, No. CV-05-149-DCB P.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • February 19, 2009
    ...wrong only if both of these elements are present. Haygood v. Younger, 769 F.2d 1350, 1354 (9th Cir.1985); see also Samuel v. Michaud, 980 F.Supp. 1381, 1396 (D.Idaho 1996) (both elements must be present to hold federal defendants liable under either Bivens or section 1983) (quoting Leer v. ......
  • Request a trial to view additional results
74 cases
  • In re Cochener, No. 01-34884-H4-7.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • December 28, 2007
    ...Rejecting the debtor's argument the court stated [a]lthough Shepherd, and one additional district court decision, Samuel v. Michaud, 980 F.Supp. 1381 (D.Idaho 1996)[, aff'd 129 F.3d 127 (9th Cir.1997)], enunciate the clear and convincing standard, the Court can find no wording in 11 U.S.C. ......
  • Lasko v. Am. Bd. of Surgery, Case No. 2:13–cv–01893–JAD–NJK.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. District of Nevada
    • September 19, 2014
    ...a notable difference in exceeding proper jurisdiction and acting in a clear absence of subject matter jurisdiction.” Samuel v. Michaud, 980 F.Supp. 1381, 1400–01 (D.Idaho 1996).44 Ashelman v. Pope, 793 F.2d 1072, 1078 (9th Cir.1986) (citations omitted).45 See generally Doc. 19; see also dis......
  • Lasko v. Am. Bd. of Surgery, Case No. 2:13–cv–01893–JAD–NJK.
    • United States
    • U.S. District Court — District of Nevada
    • September 19, 2014
    ...a notable difference in exceeding proper jurisdiction and acting in a clear absence of subject matter jurisdiction.” Samuel v. Michaud, 980 F.Supp. 1381, 1400–01 (D.Idaho 1996).44 Ashelman v. Pope, 793 F.2d 1072, 1078 (9th Cir.1986) (citations omitted).45 See generally Doc. 19; see also dis......
  • Cox v. Ashcroft, No. CV-05-149-DCB P.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • February 19, 2009
    ...wrong only if both of these elements are present. Haygood v. Younger, 769 F.2d 1350, 1354 (9th Cir.1985); see also Samuel v. Michaud, 980 F.Supp. 1381, 1396 (D.Idaho 1996) (both elements must be present to hold federal defendants liable under either Bivens or section 1983) (quoting Leer v. ......
  • Request a trial to view additional results

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