Twin Falls Prosecutor Responds to What He Calls ‘Reckless’ Tort Claim

TWIN FALLS, Idaho (KLIX)- The incumbent candidate in the race for Twin Falls County Prosecutor has issued a statement regarding his challenger's tort claim. The Times News reported that Mark Guerry claims that his First and 14th Amendment rights have been violated by Loebs. Guerry is threatening to sue Loebs, county, and state for $10 million. Guerry is challenging Loeb's seat for prosecutor. Loebs issued the following statement regarding the threat:

“Until now I have refrained from any comment about the bizarre rantings of my opponent.

Today, however, he filed an utterly frivolous and incompetent “Notice of Tort Claim” against Twin Falls County.

He is threatening to sue Twin Falls County (ironically, the County he hopes to represent as its attorney) for $10,000,000 dollars.  The tort claims limit in Idaho is $500,000.  (Idaho Code Section 6-926).  He’s also suing for “punitive damages” which are not allowed in Idaho law against government entities (Idaho Code Section 6-918).  Any competent attorney would know all of this.

Secondly, he’s suing based on a Federal law—the Federal Hatch Act--which has NO APPLICATION in Idaho.  The Federal Hatch Act is designed to keep Federal Government employees--though, of course, NOT Federal Elected Officials--from engaging in political activity in Federal Elections.

It has NO effect in Idaho.  And, even if it did, it would not by its very nature apply to elected officials.

His third claim is, more than anything, just laughable:  that I have manipulated and exploited the media to be biased against his campaign.  I think it’s clear that he has done that himself.

This is exactly the sort of reckless incompetence that makes this man unqualified to serve as Twin Falls County’s Prosecuting Attorney.”