Olguin v. City of Burley , 119 Idaho 721 ( 1991 )

BISTLINE, Justice,

dissenting.

The facts in this case cannot be satisfactorily distinguished from the facts in Ransom v. Garden City, 113 Idaho 202, 743 P.2d 70 (1987). Ransom, if properly applied, would control the outcome in this case. Hence, the summary judgment should be reversed, and the cause remanded for a trial at which a jury would decide whether a police officer can arbitrarily, but with absolute immunity and impunity, forsake his sworn obligation to uphold the law when, as happened here, he is presented with clear and convincing evidence that he is loosing upon the public an outright menace. Nothing in the law provides or requires that judges alone are empowered to make such a decision to the exclusion of the right of trial by jury.