United States Ninth Circuit

In an equal protection case arising out of a dispute over an auction for Idaho grazing lands, denial of defendants' motion to dismiss is affirmed where: 1) the Court had jurisdiction over the interlocutory appeal due to defendants' claim of qualified immunity; 2) defendant adequately pled an equal protection claim under section 1983 by alleging disparate treatment due to status as a non-conservationist for which defendants put forth no rational basis; and 3) defendants had no qualified immunity because plaintiff adequately pled that defendants violated a constitutional right and that right was clearly established.

Appellate Information

• Argued 08/07/2008
• Decided 09/26/2008
• Published 09/26/2008

Judges

• HALL, Circuit Judge:, Before:  HARRY PREGERSON, WILLIAM C. CANBY, JR., and CYNTHIA HOLCOMB HALL, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Clay R. Smith, Deputy Attorney General, Boise, ID, for the defendants-appellants., Laurence J. Lucas, Boise, ID, for the plaintiff-appellee.