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Motion seeks upend to Turning Winds suit Posted: Friday, Jan 25, 2008 - 09:10:39 am PST By KEITH KINNAIRD News editor
County moves for summary judgment SANDPOINT -- Plaintiffs in a lawsuit accusing Bonner County officials of maliciously prosecuting the operators of a former boarding school have failed to make their case, according to the county's defense counsel.The county is moving for summary judgment in the case, arguing the school operators cannot show sheriff's deputies acted with malice or demonstrate how their Constitutional rights were violated when they were investigated for allegedly battering a fugitive student three years ago. A hearing on the defense motion is set for later next month. A favorable ruling on the motion would resolve plaintiff's case without it going to trial.
The suit was filed after misdemeanor child endangerment charges were dismissed against John William Baisden Sr., John William Baisden Jr., and Carl Spencer Baisden. The suit was preceded by an unsuccessful claim for $8 million damages filed by the trio. The charges were the product of an investigation into a March 2005 incident in which the three were accused of handcuffing and beating a 17-year-old student who escaped the school. The Baisdens disputed the allegations and claimed the student attacked them after he was apprehended while hitchhiking on U.S. Highway 95, court records in the criminal case indicate. Prosecution of the Baisden abruptly ceased, however. The plaintiffs contend the case was abandoned after the prosecution learned Lunde had an alleged history of filing false reports, court documents said. They further alleged Lunde withheld exculpatory evidence and coerced witnesses into making statements which matched his interpretation of the incident. Former Deputy Prosecutor Sarah Hallock-Jayne, however, disputed the allegations in an affidavit. Hallock-Jayne, who now works as a prosecutor in Boundary County, said in the statement that the teen's parents asked the state to seek a dismissal because they felt a trial would undermine progress he had made since the incident. The teen's father said in an affidavit the episode might have been avoided if the Baisdens had allowed his son to take his prescribed anti-depressant/anti-anxiety medication. Tyler S. Wirick, the county's defense counsel in the suit, argues the plaintiffs have failed to produce evidence demonstrating Lunde had falsified reports or had a history of doing so. The plaintiffs also failed to show the county acted with malice, Wirick said in the motion. DJS-CDA wrote on Jan 25, 2008 2:33 PM: " Interesting that no one can prove anything against Lunde. The circle of greed. Anything for a lawsuit. What was their son doing at a special school anyway? It's always someone elses fault. The parents should look at themselves. " Good Luck Elaine wrote on Jan 25, 2008 12:53 PM: " I just read the article about the Baisdensn suit in today’s paper…I find it odd the county is now defending Lunde and now wants people to believe he is not a liar and there’s no evidence that he ever lied or had a history of lying. When they fired him for refusing to obey an order NOT to issue tickets to other cops, they said the order was never given and he was a liar!!!! In that case they wanted everyone to believe he was a liar and had a history of lying in court. They made sure everyone knew they did the county a great justice by firing him for “lying”. Well, which one is it?... is he a liar or not? I wonder who the liars really are? He took and passed three polygraphs anyone else wondering why “Former Sheriff Savage” hasn’t taken one or required he accused staff to take one. Hummmmm. " POST YOUR OPINION
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Bonner County Daily Bee
P.O. Box 159 / Sandpoint, Idaho 83864 / 208-263-9534
Bonner County Daily Bee Online is updated at 10am PST.
Dave wrote on Jan 26, 2008 9:38 AM: