Preview:

IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 33719 ) ) ) Plaintiff-Appellant, ) ) v. ) ) IDAHO STATE CORRECTIONAL INSTITUTION (ISCI), in its official capacity; ) ) RANDY BLADES, warden of ISCI, in his ) official capacity; PAUL PANTHER and ) STEPHANIE ALTIG, deputy attorney ) generals representing the ISCI, in their ) individual and official capacities; LT. D. BROMLEY and LT. LEE of the ISCI, in their ) ) official and individual capacities; JEFF KIRKMAN, resource center paralegal of ISCI, ) ) in his individual and official capacity; SGT. ) HOUSE, SGT. CALDWELL, SGT LONG, ) SGT RHOADES, SGT. FRASIER, SGT. UNDERHILL, SGT. BLACK, SGTS. JOHN ) ) and JANE DOES, one through ten, of the ISCI, in their individual and official capacities;) CORRECTIONAL OFFIERS (C/O) J. WEBB, ) C/O NOVA, C/O HAGAMAN, C/O COX, and ) JOHN and JANE DOES one through ten, in ) ) their individual and official capacities; CORRECTIONAL OFFICERS JARMAN and ) JOHNSTON (or JOHNSON), of the ISCI, in ) ) their individual and official capacities; ) CORRECTION OFFICER SGT. MIKE SHOEN of the ISCI in his individual and ) official capacity, PRISONER HEALTH ) SERVICES (PHS), and RODNEY ROE, PHS ) ) director for IMSI, in their official capcity; ) DOCTOR KHATAIN, Psychiatrist under contract to PHS, in his individual and official ) capacity; JOHN and JANE DOES, whose true ) ) names are unknown, one through twenty; DEPARTMENT OF CORRECTION, and/or ) ISCI OFFICIALS, in their individual and ) ) official capacities, ) Defendants-Respondents. ) RICHARD DRENNON, 1

2007 Opinion No. 87 Filed: December 24, 2007 Stephen W. Kenyon, Clerk

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Kathryn A. Sticklen, District Judge. Order dismissing amended complaint, affirmed. Richard Drennon, Boise, pro se appellant. Hon. Lawrence G. Wasden, Attorney General; Barbara A. Beehner-Kane, Deputy Attorney General, Boise, for state respondents. Hawley, Troxell, Ennis & Hawley, Boise, for PHS respondents. ______________________________________________ PERRY, Chief Judge Richard Drennon appeals from the district court's order dismissing his amended complaint. For the reasons set forth below, we affirm. I. FACTS AND PROCEDURE Drennon is serving an indeterminate life sentence in the custody of the Idaho Department of Correction (IDOC) for his conviction of lewd and lascivious conduct with a minor under the age of sixteen years. Acting pro se, Drennon filed a complaint followed by a verified amended complaint. Drennon's amended complaint named as defendants the IDOC, the Idaho State Correctional Institution (ISCI), and several current or former employees of ISCI or deputy attorneys general representing the IDOC (collectively "the state"), as well as Prison Health Services and individual medical professionals who provide care for inmates (collectively "PHS"). Drennon asserted claims related to access to the courts and legal materials, grievance procedures, disciplinary hearing procedures, visitation rights, and medical care. Drennon

requested declaratory and injunctive relief as well as compensatory and punitive damages. The state filed a motion to dismiss the claims against them pursuant I.R.C.P. 12(b) or in the alternative a motion for summary judgment pursuant to I.R.C.P. 56(b), and PHS filed a motion to dismiss pursuant to Rule 12(b). At a hearing on the motions to dismiss, Drennon indicated that he was not raising his claims pursuant to 42 U.S.C.

Download drennon1224.pdf

Idaho Law