Idaho State Police wants license plate-profiling case tossed

BOISE, Idaho — 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.

The amendment is “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,” said Rich Seamon, University of Idaho law professor and associate dean.

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.

More in Local News

Load up: Cheesecake Factory plans Lynnwood location

The chain restaurant is listed as a tenant in new development at Alderwood mall.

Sound Transit funding splits lawmakers trying to cut car tab fees

With the legislative session set to end March 8, pressure is building for action.

What to do when you get pulled over

Don’t forget to be considerate so officers will know you are not a threat to their safety.

Suspected drunk driver crash in Bothell sends two to hospital

The man suspected of causing the Saturday afternoon collision was not injured.

Man seriously injured after confrontation in Marysville

Witnesses told police that they heard a gunshot and saw two men pile into a white suv.

2 hospitalized after head-on crash in Marysville

Anyone who witnessed the collision or the vehicles shortly before the crash is asked to contact police.

Front Porch

EVENTS Snow goose festival coming up The Port Susan Snow Goose and… Continue reading

Water to be shut down for up to 2 days for about 100 homes

The city of Everett plans to disable one of four pipelines next week while crews work on the system.

Finalists for EdCC presidency holding campus meetings

A search committee reviewed 19 applicants and recommended three finalists to the Board of Trustees.

Most Read