Kent v. Pence

BURNETT, Judge.

This is an appeal from a judgment awarding attorney fees in a tort claim action. We reverse.

Arlo Kent sued Richard Pence, clerk of the district court, and Kay Ellen Baxter, prosecuting attorney, of Twin Falls County. Kent alleged that the county clerk had committed or allowed numerous violations of Idaho election laws, and that the county prosecutor had wrongfully refused to force the clerk to comply with the laws. However, Kent did not seek any court order compelling the county officers to perform their respective duties. Rather, he sought an award of $53,000 in “damages.” The…