Shields v. Martin

I concur in that portion of the majority opinion which affirms the trial court on the cross appeal filed by defendant Martin, which alleged that the liability imposed upon him by the jury verdict must be reversed since negligence is an insufficient basis upon which to base a 42 U.S.C.A.1983 claim against him. However, I dissent from the majority’s finding of joint and several liability against the defendant Martin as a result of the liability imposed upon the defendant Halsey by the jury.

I

The defendant cross appellant Martin, a Boise police officer, asserts on appeal that under the decision…