Graves

Plaintiffs Jonathan Crowell and Gary Bizek were arrested while protesting an *833 Aryan Nations parade in Coeur d’Alene, Idaho, on July 18, 1998. Crowell was arrested for obstruction of justice after he refused to consent to the search of his backpack. Bizek was arrested for possession of a deadly weapon after he aroused suspicion by wearing attire that covered his face and by walking without putting weight on the cane he carried. Crowell was prosecuted and tried by a jury for obstructing an officer on April 14 and 15, 1999, but was not convicted in this trial because of a hung jury. 1 Bizek received a citation shortly after his arrest on July 18, 1998; his case was dismissed by the county prosecutor after arraignment.

Plaintiffs on April 7, 1999, filed a complaint under 42 U.S.C. § 1983 in the United States District Court for the District of Idaho. 2 Both Bizek and Crowell alleged, inter alio, claims of false arrest in violation of the Fourth Amendment. The defendants are law enforcement officers with the City of Coeur d’Alene: Defendant Daniel Dixon, Defendant Gregory Surplus, and Defendant Robert Turner. 3 After a three-day jury trial of plaintiffs’ civil rights…