Pubdate: Sat, 26 Apr 2014
Source: Denver Post (CO)
Copyright: 2014 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122
Page: 2A

IDAHO CLAIMS IMMUNITY IN SUIT

Court Asked to Toss Colorado Man's Claim of Pot Profiling

Boise, Idaho (AP) - The state of Idaho says its sovereign immunity
from lawsuits should protect the Idaho State Police from being sued in
a license-plate profiling case.

The state made the argument in its response to a lawsuit filed by
Darien Roseen of Colorado, the Spokesman-Review reported.

Roseen, 69, alleges ISP Trooper Justin Klitch pulled him over at a
rest stop as he crossed into Idaho from Washington state in January
2013, detained him for hours and searched his vehicle for marijuana
for no other reason than because he had a Colorado license plate and a
Washington state driver's license.

Both states have legalized marijuana.

Mark Coonts, an attorney for Roseen, had no comment on the state's
filing.

Roseen's lawsuit charges numerous violations of his constitutional
rights, along with discriminatory and selective treatment by profiling.

The 11th Amendment to the U.S. Constitution grants states sovereign
immunity from being sued for money damages.

"It's a very strange area of law with lots of bizarre rules,"
University of Idaho law professor and associate dean Rich Seamon said.

"It's really a restriction on lawsuits that try to tap into the state
treasury. It extends to not only the state of Idaho, but to state
entities like the ISP."

However, he said lawsuits that charge constitutional violations by
police and agencies generally go forward.

Lawyers for Fruitland police and the Payette County Sheriff's
Department and their officers also have asked the court to dismiss
Roseen's lawsuit against the agencies "on the basis that neither is an
entity subject to suit."

Roseen's lawsuit names the officers both in their individual and
official capacities, meaning if the sovereign immunity argument is
successful, the lawsuit still could continue against the individual
officers, Seamon said.
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MAP posted-by: Matt