Idaho ruling dismisses Minnesota judge from Duncan case

A federal lawsuit against a Becker County, Minn., judge has been dismissed, but attorneys for the plaintiffs plan to renew their claim that by setting a low bail for convicted sex offender Joseph Edward Duncan III, he was able to kill again.

The plaintiffs say that because Judge Thomas Schroeder set bail at $15,000 on an unrelated child molestation charge, Duncan was able to travel to Idaho where he's charged with killing three people.

The lawsuit was filed in Idaho on behalf of the estates of two of Duncan's alleged victims.

U.S. District Court Judge B. Lynn Winmill of Idaho on Thursday dismissed the case against the county on jurisdictional grounds.

The decision didn't surprise an attorney representing Becker County. "The (Idaho) court never had jurisdiction," said Jon Iverson, of Bloomington, Minn.

Plaintiff's attorney Russell Van Camp, of Spokane, said procedurally, the case against Becker County first had to be filed in Idaho. He said he plans to refile the lawsuit in Minnesota soon.

Iverson said state and federal law have long recognized that court officers are immune from lawsuits and refiling the lawsuit would "be throwing good money after bad."

Van Camp filed the lawsuit Dec. 5 on behalf of the estates of Brenda Groene and Mark McKenzie. It claims both the county and Duncan share responsibility for the bludgeoning deaths of Groene, her teenage son and McKenzie at their home near Couer d'Alene, Idaho, in May 2005.

Duncan is charged with three counts of first-degree murder in Idaho state court in those killings. Federal officials have said that once the state case concludes, the government plans to charge Duncan in the abduction of Shasta Groene and brother Dylan, the killing of Dylan and sex crimes against both children.

Van Camp said the Idaho civil case against Duncan was unaffected by Winmill's ruling.