Federal appeals court to hear 3 idaho cases in Moscow

Statesman staffSeptember 23, 2013 

The 9th U.S. Circuit Court of Appeals will hold a special sitting Tuesday, Oct. 1 at the University of Idaho College of Law in Moscow.

An appellate panel consisting of Circuit Judges Sidney R. Thomas of Billings, Montana; N. Randy Smith of Pocatello; and Senior Circuit Judge Mary M. Schroeder of Phoenix will hear appeals of decisions by the U.S. District Court for the District of Idaho.

The three cases on the docket are:

Dixon v. City of Coeur d’Alene,

in which the city appeals a district court judgment in a jury trial in favor of a former police officer, Dan Dixon. He claimed to have been unlawfully fired. Dixon and his wife alleged that the city’s actions were arbitrary and permanently deprived Dixon of a property or liberty interest in his occupation as a law enforcement officer, and therefore deprived him of a substantive due process right in employment. The jury awarded the couple damages in excess of $3.7 million. The city alleges Dixon was terminated after an internal investigation concluded that he had manipulated his timekeeping records, manipulated and harassed a subordinate in violation of a labor contract, and lied attempting to cover up his misconduct. (Case 11-35978)

Wood v. Yordy

, in which an Idaho prisoner, Lance Wood, appeals from a district court’s summary judgment in his case following a partial remand by the appeals court court in Wood v. Beauclair. Wood contends that the appellees, various correctional officers and prison staffers retaliated against him in response to his lawsuit. Wood contends the defendants barred him from working or worshipping at the prison chapel and subjected him to searches based on pretexts and discipline as well as emotional and physical intimidation. (Case 12-35336)

Alliance for Property Rights v. City of Idaho Falls,

in which the Idaho Falls and Idaho Falls Power, a municipally owned utility, appeal a district court's summary judgment in favor of Alliance for Property Rights. The alliance sought to block the condemnation of property outside city limits. The city and its utility want to build an electric transmission line entirely outside the city limits, across properties of the landowners who make up the alliance and other Bonneville County residents. The district court granted summary judgment in favor of the landowners, holding that the city lacked authority to exercise eminent domain outside its incorporated boundaries. (Case 12-35800)

Oral arguments will begin at 10 a.m. in the Moot Courtroom located on the first floor of the Menard Law Building at 6th and Rayburn streets. A photo ID will be required to enter the courtroom.

The Ninth Circuit hears appeals of cases decided by executive branch agencies and federal trial courts in nine western states and two Pacific Island jurisdictions. The court normally meets monthly in Seattle, San Francisco and Pasadena, Calif.; every other month in Portland, Oregon; three times per year in Honolulu, Hawaii; and twice a year in Anchorage, Alaska.

A complete schedule of cases is available online here.

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