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Judge postpones BHS hazing case decision

By Bre Clark
Published On: Mar 23 2014 07:53:29 PM CDT

BLACKFOOT, Idaho -

The Blackfoot High School hazing case continued Friday after the Bingham County judge postponed his decision for summary judgement.

Three students -- Logan Chidester, Nathan Walker and Tyson Katseanes -- filed the lawsuit in 2012 against Blackfoot School District 55, the County of Bingham, the City of Blackfoot, former Bingham County Prosecuting Attorney Scott Andrew, former Assistant Prosecuting Attorney Randy Smith, Blackfoot Police Detective Paul Newbold, Blackfoot Police Capt. Kurt Asmus, Blackfoot Police Chief David Moore and agents, officers and employees of the above entities.

The complaints against the school district and high school were dismissed in an earlier trial.

The three plaintiffs assert 16 causes of action that include malicious persecution, making false public statements, concealment of evidence, fabrication of false evidence, conspiracy, witness intimidation and 10 more.

The defense argues that all parties were acting within their legal responsibilities and should receive absolute or qualified immunity as a result. They also explained that there is no substantial evidence of malicious behavior or any other causes of action that the plaintiffs brought forward in their case against them.

The suit came after the original 2010 hazing case against the three students. They were initially charged with forceable penetration with a foreign object, a felony. The felony charges were later dismissed and a plea agreement was reached to modify their sentence to misdemeanor charges.

Friday's motion for summary judgment was heard by Sixth Judicial District Judge David Nye, who decided that he would give the plaintiff's attorney a week to look over bonds brought up during the defense's argument and an additional week for the defense to respond. 

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