Lundgren v. City of McCall

BISTLINE, Justice.

On July 4, 1986, the appellant Lundgren went to McCall, Idaho, to watch the city’s fireworks. Many of the people gathered for the event were drinking beer and setting off illegal fireworks. That evening Lundgren was struck in the right eye with what he believes was a bottle rocket, and as a result he lost all sight in that eye. Lundgren brought a suit against the city of McCall based on the Idaho Tort Claims Act and 42 U.S.C. § 1983. Lundgren contended that the McCall police enforced the open container law but not the fireworks law while the city of McCall argued that the…