Paul W. Gowin and Louise A. Gowin v. Leroy Altmiller, Harry Capaul, Carl Finke, Gerald Finke and Finke Lumber Company, Inc.

Appellants Paul and Louise Gowin sued appellees for violation of 42 U.S.C. § 1983 and appellees Carl and Gerald Finke and Finke Lumber Co. for malicious prosecution and abuse of process. The district court granted summary judgment in favor of the Finkes on all three causes of action, and dismissed the § 1983 claim against Leroy Altmiller and Harry Capaul. Gowin v. Altmiller, 455 F.Supp. 743 (D.Idaho 1978). The Gowins appealed. We affirm.

Paul Gowin was employed by Finke Lumber Co., as a mechanic. A wage dispute arose in July 1974. On July 16,1974, Gowin quit his job, and wrote a letter to the Finkes to state that he was keeping some of their tools until they could resolve the wage dispute. The tools were rightfully in Gowin’s possession at the time.

The Finkes took the letter to Sheriff Alt-miller, who took it to the county prosecutor. The prosecutor decided to file a criminal complaint for embezzlement against Gowin. Sheriff Altmiller signed the complaint. On July 18,1974, Deputy Sheriff Capaul arrested Gowin. In December, he was tried and convicted by a jury. He was sentenced to three years in prison. On September 24, 1976, the Supreme Court of Idaho reversed the conviction,…