Glenda Smith and Ray Martin v. Howard Barton, Larry Barnes, Jack Ugaki, and Brian Wardle

OVERVIEW

This is an action for damages, injunctive and declaratory relief brought by Glenda Smith and Ray Martin. Smith and Martin were former employees of the Idaho Commission for the Blind (the “Commission”). They contend that a restructuring of the Commission, whereby both plaintiffs lost their jobs, violated their rights under section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (Supp.1990) (the “Rehabilitation Act”). Further, plaintiffs brought claims under 42 U.S.C. § 1983 for alleged violations of their First Amendment right to free association. Plaintiffs appeal from the magistrate's decision granting defendants’ motion for summary judgment and dismissing plaintiffs’ section 1983 claims. In addition, plaintiffs contend that the magistrate erred in denying them relief on their claims of handicap discrimination under the Rehabilitation Act, in denying them a jury trial, and in excluding a newly discovered audiotape and transcript of a meeting of the Commission.

FACTS

Plaintiffs Smith and Martin, both totally blind, were former employees of the Commission. The Commission is an Idaho state agency that receives state and federal funding. Smith formerly served as…