A 2017 lawsuit brought by a Syringa wrecking services provider -- alleging civil rights violations and breach of contract on the part of the Idaho County Sheriff’s Office and Idaho County Commission -- has been dismissed in federal court.
A Sept. 30 judgment by Chief U.S. District Court Judge David C. Nye dismissed the suit, brought by Therral “Terry” Jackson, owner of Jackson’s Buy, Sell, Trade, Inc.
Jackson’s suit was filed in December 2017, initially in Nez Perce County District Court and subsequently transferred to U.S. District Court. The matter concerned ICSO removing Jackson’s wrecking business from Idaho County’s non-preference towing rotation in December 2015, a decision which, according to the suit, followed Jackson’s arrest by ICSO deputies for DUI and allegedly physically assaulting the officers.
The ICSO rotation policy is set up to provide non-preferential recommendations to area towing businesses to motorists who are receiving the assistance of ICSO personnel, whether due to mechanical failure or a vehicle accident. As set forth in the 2014 ICSO policy manual, the county sheriff has the sole discretion as to tow company placement and/or removal from rotations.
In the 2017 suit, Jackson alleged the removal of his business from the county’s tow rotation list was unlawfully done, maliciously, and with deliberate attempt to deprive him of property without due process in violation of the Fifth and Fourteenth amendments.
In its order, the court stated Jackson did not have a property interest in being on the tow rotation list, and so was not entitled to notice or an opportunity to be heard when removed in 2015. The claim was also barred due to the two-year statute of limitations.
Jackson was represented by Jonathan D. Hally, and the county by Bentley G. Stromberg.