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Hammer v. City of Sun Valley

United States District Court, D. Idaho

June 17, 2014

SHARON R. HAMMER and JAMES R. DONOVAL, husband and wife, Plaintiffs,
v.
CITY OF SUN VALLEY; NILS RIBI, in his individual and official capacity; and DEWAYNE BRISCOE, in his individual and official capacity, Defendants.

MEMORANDUM DECISION AND ORDER

EDWARD J. LODGE, District Judge.

Pending before the Court in the above-entitled matter are Defendants' Motion for Judgment on the Pleadings and Plaintiffs' Motion to Convert. The parties have filed responsive briefing and the matters are ripe for the Court's consideration. Having fully reviewed the record herein, the Court finds that the facts and legal arguments are adequately presented in the briefs and record. Accordingly, in the interest of avoiding further delay, and because the Court conclusively finds that the decisional process would not be significantly aided by oral argument, the Motions shall be decided on the record before this Court without oral argument.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiffs Sharon R. Hammer and James R. Donoval, husband and wife, filed the Complaint against Defendant City of Sun Valley ("Sun Valley" or "the City") as well as Defendants Nils Ribi and DeWayne Briscoe in both their individual and official capacity. (Dkt. 1.) Mr. Ribi served as an elected City Council Member from January of 2006 to January of 2014 and was City Council President from 2008 through 2009. Mr. Briscoe is the current elected Mayor of Sun Valley as of January 3, 2012. Prior to that, since January of 2008, Mr. Briscoe was also an elected member of the City Council. Mr. Briscoe served as City Council President from January 2010 to January of 2012. The claims raised in the Complaint are:

Count 1 Gender Discrimination and Harassment, Idaho Code §§ 67-5901, et seq., against Sun Valley;
Count 2 Retaliation, Idaho Code §§ 67-5901, et seq., against Sun Valley;
Count 3 Retaliation Freedom of Speech, 42 U.S.C. § 1983, against all Defendants;
Count 4 Retaliation Access to the Courts, 42 U.S.C. § 1983, against all Defendants;
Count 5 Retaliatory Investigation, 42 U.S.C. § 1983, against all Defendants;
Count 6 Retaliation against the Plaintiffs'[1] Right to Intimate and Political Association, 42 U.S.C. § 1983, against all Defendants;
Count 7 Deprivation of Property, 42 U.S.C. § 1983, against all Defendants;
Count 8 Unconstitutional Bias Deprivation of Property, 42 U.S.C. § 1983, against all Defendants;
Count 9 Deprivation of Due Process, 42 U.S.C. § 1983, against all Defendants;
Count 10 Civil Conspiracy, 42 U.S.C. §§ 1983, 1985, against all Defendants;
Count 11 Assault of Ms. Hammer against Mr. Ribi individually;
Count 12 Wrongful Termination of Ms. Hammer against all Defendants;
Count 13 Breach of Contract against all Defendants;
Count 14 Negligent Infliction of Emotional Distress against ...

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