Chaloux v. Killeen

873 F.2d 1274 Marie CHALOUX; Nancy Morgan, and Clarence Paine, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Vaughn KILLEEN, in his official capacity as Sheriff of Ada County, State of Idaho; Robert Aja, in his official capacity as Sheriff of Gooding County, State of Idaho, and on behalf of all other County Sheriffs of the State of Idaho, similarly situated, Defendants-Appellees. No. 88-3563. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 10, 1989. Decided May 1, 1989. Howard A. Belodoff, Idaho Legal Aid Services, Inc., Boise, Idaho, for plaintiffs-appellants. Phillip Collaer, Deputy Pros. Atty., Boise, Idaho, for defendants-appellees. Appeal from the United States District Court for the District of Idaho. Before WRIGHT and ALARCON, Circuit Judges, and TEVRIZIAN * , District Judge. EUGENE A. WRIGHT, Circuit Judge: 1 We consider here whether county sheriffs are liable under 42 U.S.C. Sec. 1983 for enforcing state garnishment statutes that are allegedly unconstitutional. 2 Appellants Marie Chaloux, Nancy Morgan, and Clarence Paine subsist on government benefits exempt by federal statute from garnishment. Those…