An ACLU lawsuit over the detainment of 400 attendees at a Wilder horse track in October has been challenged by a slew of defendants.
Motions were filed Tuesday on behalf of the defendants requesting a dismissal of the suit, as first reported by KTVB. Defendants argued that the ACLU failed to identify specific actions taken by individual officials that would hold them responsible for civil rights violations or alleged conspiracy.
Defendants in the lawsuit include ICE Field Sub-Office Director Kenneth Porter; FBI Salt Lake City Office Special Agent Robert Bohls; FBI Boise Special Agent Chris Sheehan; FBI Special Agent Jake Sheridan; Idaho State Police Director Bill Gardiner; Canyon County Sheriff Kieran Donahue; Nampa Police Chief Joe Huff; and Caldwell Police Chief Rex Ingram.
At the time of the raid, U.S. Immigration and Customs Enforcement made a lasting impression in Idaho with the operation carried out during an event at La Catedral Arena. Race attendees were zip-tied and detained as officers interrogated their residential status. As ICE searched for illegal immigrants, they also held citizens, green card holders and minors.
The ACLU alleged that the detainment took four hours involving 400 attendees and approximately 200 officers.
The lawsuit was first announced in February with the ACLU arguing that individuals caught up in a Wilder immigration raid were targeted by officials. Cited by the ACLU, a precedent set by the Ku Klux Klan Act of 1871 combats conspiracy to use state power to deprive individuals of their equal rights.
In addition, the original lawsuit hinges on the argument that the warrant utilized in the operation was not enough to allow the detainment of hundreds of people who were not participating in criminal activity.
The warrant used to justify the raid was for five individuals who were allegedly involved in an unlicensed gambling operation — a nonviolent crime, the lawsuit states. On the day of the raid, four of the five were arrested, along with 105 attendees who were taken into ICE custody.
The lawsuit involved three adults and four minors, all of whom are U.S. citizens or permanent residents.
In Tuesday’s request for the case’s dismissal, a joint defense of Nampa Police Chief Huff and Caldwell Police Chief Ingram claims that there is not enough evidence to show that they “personally violated, conspired to violate, or failed to prevent violation of any clearly established constitutional right.”
The defense for the local police also argues that there was no proof that Huff or Ingram were aware of any violation of rights.
“Plaintiffs also allege denial of food, water, bathroom access, medical care, and other alleged burdens. Those allegations are serious, but the (lawsuit) does not connect them to Chiefs Ingram or Huff with facts showing personal participation, direction, knowledge, or failure to intervene in the face of a clearly established constitutional violation,” the motion reads.
A separate motion on behalf of Donahue at the Canyon County Sheriff’s Office claims that it was reasonable to detain the 400 attendees who could have been participating in the illegal gambling.
The defense went on to argue that Donahue’s involvement stated in the lawsuit was “vague and unspecific” and that “merely alleging that someone involved in the execution of the search warrant violated plaintiffs’ rights is insufficient.”
Donahue was present the day of the raid and visible on horseback, according to witnesses. He previously clarified the CCSO’s role in the raid in a joint statement with the Caldwell Police Department, taking credit for their involvement in “assisting with the criminal investigation.”
According to the October statement, the operation was led by the FBI Metro Violent Crime and Gang Task Force of which the sheriff’s office and the CPD have been longstanding members.
At the state level, the ISP defense for Gardiner largely relies on the claim that he was not present the day of the raid and there were no specific allegations linking him to the raid’s planning.
The motion in defense of FBI agents Bohls, Porter, Sheehan and Sheridan argues that a case based on state law is not applicable to them, as they are federal officials who acted under federal law.
As of Friday, the motions for dismissal await judgement by the presiding Chief U.S. District Judge Amanda Brailsford.



(1) comment
Looks like a platoon full of Sergeant Shultzes handled the raid. Nobody saw nothing, nobody did nothing, nobody knows nothing. So who ziptied all the children who were apprehended and detained?
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