No. 22-244

Stephen A. Tanner v. Idaho Department of Fish and Game, et al.

Lower Court: Ninth Circuit
Docketed: 2022-09-14
Status: Denied
Type: Paid
Response Waived
Tags: executive-branch fourth-amendment game-check-stations roadblocks separation-of-powers wildlife-management
Key Terms:
Takings
Latest Conference: 2022-11-04
Question Presented (AI Summary)

Whether the Director and Officers of the State of Idaho Department of Fish and Game violate the Separation of Powers doctrine

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Idaho Department of Fish and Game (IFG) is part of the executive branch of the State of Idaho and is tasked with the duty to manage the wildlife of Idaho. (Idaho Code (I.C.) § 36-103) The Idaho Legislature authorized the use of game check stations stopping fishermen, hunters and trappers to aid in wildlife management. (I.C. § 36-1201) From this the Director of the ' IFG has established policies expanding the law by authorizing the stopping of All traffic, i.e., roadblocks and “rules for compliance for the public.” The Questions Presented are: 1. Whether the Director and Officers of the State of Idaho Department of Fish and Game violate the Separation of Powers doctrine when implementing roadblocks for game check station purposes. 2. Whether game check station roadblocks implemented by the Director and Officers of the Idaho Department of Fish and Game violate the Fourth Amendment to the United States Constitution. : | ee __— eee

Docket Entries

2022-11-07
Petition DENIED.
2022-10-19
DISTRIBUTED for Conference of 11/4/2022.
2022-10-13
Waiver of right of respondents Idaho Department of Fish and Game, Virgil Moore, Lucas Swanson, Josh Stanley and Brian Johnson to respond filed.
2022-09-29
Waiver of right of respondent Willie Cowell to respond filed.
2022-09-12

Attorneys

Idaho Department of Fish and Game, Virgil Moore, Lucas Swanson, Josh Stanley and Brian Johnson
Bentley G. StrombergClements, Brown & McNichols, P.A., Respondent
Bentley G. StrombergClements, Brown & McNichols, P.A., Respondent
Stephen A. Tanner
Stephen A. Tanner — Petitioner
Stephen A. Tanner — Petitioner
Willie Cowell
Jennifer Hughes FegertLake City Law Group PLLC, Respondent
Jennifer Hughes FegertLake City Law Group PLLC, Respondent