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Occupy Boise files federal court challenge to block eviction, hearing set Fri. with Judge Winmill

Members of Occupy Boise today filed an emergency motion for a temporary restraining order in U.S. District Court, and U.S. District Judge Lynn Winmill scheduled a hearing on it for 3 p.m. Friday. Bryan Walker, attorney for the group, said the group is trying to stop the eviction of the Occupy Boise vigil from state property across from the Capitol. "Our point is it's a violation not only of 1st Amendment rights, but 4th Amendment due process rights," Walker said.

You can read Occupy Boise's amended complaint and other filings here; allow some time to load, as it's a 45-page PDF. The legal challenge, filed on behalf of four individual Occupy members and the movement, names Gov. Butch Otter, state Department of Administration Director Teresa Luna, and Idaho State Police Director Jerry Russell, each in their official capacity, and cites the history of protest and free expression in the United States. "The plaintiffs' vigil encampment protest on the grounds of the vacant old Ada County courthouse - in direct view of the Idaho Capitol building and the office of the Speaker of the Idaho House of Representatives - is not just integral to their expression of grievances, it is their protest," the amended complaint says. "The defendants will imminently tear it down and seize thousands of dollars worth of private property without due process."

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Betsy Z. Russell
Betsy Z. Russell joined The Spokesman-Review in 1991. She currently is a reporter in the Boise Bureau covering Idaho state government and politics, and other news from Idaho's state capital.

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