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PROVO, Utah (AP) -- A federal judge has dismissed with prejudice a lawsuit brought against Utah County officials after sheriff's officers raided a gathering they called a rave.
U.S. District Judge Dale Kimball's dismissal of the case with prejudice on Tuesday means it cannot be refiled.
The ruling comes almost two months after the plaintiffs asked the court to dismiss the lawsuit without prejudice. The plaintiffs wanted more time to organize what they hoped would become a class action lawsuit.
In the two-paragraph ruling, Kimball agreed with the county that the request for dismissal without prejudice was improper "because they had answered the complaint, and thus the action should have been dismissed with prejudice."
Peter Stirba, who represented the county and several of its officials, said the county likely will seek to be compensated for attorneys' fees.
Plaintiff Brandon Fullmer said he had not heard of the action and could not comment on it.
On Aug. 20, sheriff's deputies and other law enforcement officers broke up the party on private property in Spanish Fork Canyon. Several partygoers were arrested or cited for assaulting a police officer, illegal drugs and disorderly conduct. Landowner Trudy Childs was charged with holding an illegal mass gathering and contributing to the delinquency of a minor.
The plaintiffs alleged illegal search and seizure and violations of their right to be secure on their property, due process, freedom of association and free expression.
A few weeks later, attorney Brian Barnard filed suit on behalf of party promoters Fullmer and Nick Mari as well as Childs. Among other things, they sought a temporary restraining against the sheriff's office breaking up any more parties, which Kimball denied.
The American Civil Liberties Union joined the lawsuit in September.
Documents from the Utah Department of Corrections indicated Sheriff Jim Tracy may have coordinated the raid beforehand. He cited the history of the people involved as a reason why he did so.
In December, Barnard opened the case up to class action status, hoping to encourage people who were at the party to join the lawsuit.
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Information from: The Daily Herald, http://www.heraldextra.com
(Copyright 2006 by The Associated Press. All Rights Reserved.)
