George Gordon v. Richard Noble

George Gordon was twice arrested by Boise Police Officer Richard Noble for operating unlicensed or unregistered motor vehicles. Gordon sued Noble and two other defendants, Mike Quintieri and Keith Schultz for damages because Noble directed Quintieri and Schultz, operators of private towing companies, to pick up and impound the vehicles. Gordon's complaint was styled as a trover action. This appeal comes to us after the trial court entered a directed verdict for defendants Quintieri and Schultz, and a jury returned a verdict in favor of defendant Noble. Gordon, appearing pro se throughout these proceedings, appealed the decision to the district court which affirmed the magistrate's judgment. This appeal followed. We affirm. Gordon seeks either the return of the vehicles or money damages for their conversion by the defendants. He raises essentially two questions; first, was Officer Noble authorized to impound the vehicles; and second, were the private towing companies authorized to keep the vehicles after Gordon requested their return. Gordon alleges that his property was taken without due process of law and held for ransom. He also asserts that it was error for the court to treat his common law trover action as governed by the Idaho Tort Claims Act (ITCA).