Jared Bedke v. Kenneth Salazar

MEMORANDUM

Jared, Bruce, and Martha Bedke sued the commissioners, prosecuting attorney, and certain police officers of Cassia County, Idaho (collectively, the “Cassia County Defendants”). They allege a Fourth Amendment violation arising out of the Cassia County Defendants’ participation in (or failure to prevent) the Bureau of Land Management’s (“BLM”) seizure and sale of the Bedkes’ cattle, which were grazing on BLM land. The Cassia County Defendants moved for summary judgment on qualified immunity grounds and asserted that county prosecuting attorney A1 Bar-rus had absolute immunity. The district court denied the motion to allow for further factual development, and the Cassia County Defendants appeal. We have jurisdiction because, even resolving all factual disputes in the Bedkes’ favor, this appeal can be resolved on the ground that there was no violation of a “clearly established” right. See Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982).

The Bedkes argue that regulations requiring the Cassia County defendants to uphold the law render their actions non-discretionary. However, determining the proper course of action when confronted with a…