Ramon Loya Herrera and Teresa Herrera V‪.‬

Ramon Herrera filed suit against several police officers, the City of Burley, the County of Cassia, and the State of Idaho for alleged violations of his civil rights stemming from his arrest, incarceration and physical treatment in the Cassia County jail. Herrera was arrested for allegedly interfering with the investigation of his brother who was being questioned for drunken driving. On a motion for summary judgment, the district court dismissed Herrera's claims under 42 U.S.C. § 1983 and the Idaho Tort Claims Act. Herrera appeals. The issues on appeal concern: (1) the district court's denial of Herrera's motion to amend his complaint; (2) the district court's dismissal of claims against the city, county, and state under § 1983; (3) the district court's dismissal of § 1983 claims against the officers; (4) the district court's dismissal of claims under the Idaho Tort Claims Act; (5) the district court's dismissal of Herrera's wife's claims for damages resulting from infliction of emotional distress and for recovery of money expended for Herrera's bond; and (6) whether any party is entitled to an award of attorney fees on appeal. We affirm the dismissal of the § 1983 claims against the State of Idaho and the dismissal of the claims against the governmental units under the Idaho Tort Claims Act. We reverse the dismissal of Teresa Herrera's claim for damages for emotional distress. We affirm in part and reverse in part the dismissal of Teresa Herrera's claim for recovery of money spent for Herrera's bond. We reverse the dismissal of the § 1983 claims against the City of Burley and the County of Cassia. We also reverse the dismissal of the § 1983 claims against the police officers. We remand for further proceedings and we award no attorney fees on appeal.