Chaloux v. Killeen

886 F.2d 247 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 Sept. 22, 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 EUGENE A. WRIGHT, Circuit Judge: 1 The opinion herein filed on May 1, 1989, 873 F.2d 1274 (9th Cir.) has been withdrawn and is replaced by this disposition. Rehearing has been granted. 2 Several recipients of governmental benefits brought this action to challenge the constitutionality of Idaho's postjudgment garnishment procedures.…