Thielmann et al v. Donahue et al
Filing
4
MEMORANDUM DECISION AND ORDER granting in part and denying in part 1 Motion to Waive. The Court will deny the plaintiffs' request to waive the bond requirement. The Court, however, will set a bond amount at $250, as then plaintiffs ask. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
SAMUEL THIEMANN; JOSEPH
ZAHN; WILLIAM WILLIAMS; NORM
SELLARS; GARY KAESTNER;
JACOB MacDONALD; LESLIE
GOODMAN; GARY BRANT; LYNN
LEE; MICHAEL SNIDER; DANIEL
BUGLI; DON FLEDERBACH,
Plaintiffs,
v.
SHERIFF KIERAN DONAHUE; JOHN
AND JANE DOES #1-10, members of
the Treasure Valley Metro Violent
Crimes and Gang Task Force; JOHN
DOES #11-20, members of the Nampa
Police Department; JOHN DOES #21-30,
members of the Bureau of Alcohol,
Tobacco, Firearms and Explosives;
JOHN DOES #31-40, members of the
Canyon County Sheriff’s Office; JOHN,
Defendants.
MEMORANDUM DECISION AND ORDER - 1
Case No. 1:14-cv-00172-BLW
MEMORANDUM DECISION AND
ORDER
INTRODUCTION
Before the Court is Samuel Thiemann, Joseph Zahn, William Williams, Norm
Sellards, Gary Kaestner, Jacob MacDonald, Leslie Goodman, Gary Bryant, Lynn Lee,
Michael Snider, Daniel Bugli, and Don Flederback’s Motion to Waive or Set Bond Under
Idaho Code § 6-610 (Dkt. 1). The Court has reviewed the record and determined that oral
argument will not aid the decisional process. The Motion is therefore at issue. For the
reasons set forth below, the Court will grant the Motion.
ANALYSIS
Section 6–610(2) of the Idaho Code requires a plaintiff to post bond before it
initiates suit against a law enforcement officer. A court, however, may waive costs, fees
and security for indigents if (1) the party requesting a waiver files an affidavit stating that
he is indigent and unable to pay the costs, fees and security associated with his case, and
(2) the court finds, after informal inquiry, that the party is indigent for the purpose of
prepayment of fees, costs, or security. I.C. § 31-220(2)(a)&(b). This statute applies to
bonds required under Idaho Code § 6-610.
On May 5, 2014, simultaneous with the filing of a proposed complaint, six of the
proposed plaintiffs, Samuel Thiemann, Joseph Zahn, William Williams, Norm Sellards,
Gary Kaestner, Jacob MacDonald, Leslie Goodman, Gary Bryant, Lynn Lee, Michael
Snider, Daniel Bugli, and Don Flederback, filed a request to waive the bond requirement.
Those six plaintiffs also submitted declarations setting out their income, assets,
obligations, and debts. See Dkts. 1-1 to 1-7. With the exception of Mr. Bugli, the five of
MEMORANDUM DECISION AND ORDER - 2
the six filing plainti do not have large incomes or assets, and they carry significant
f
iffs
h
i
d
t
obligatio and deb
ons
bts.
While the su
W
ubmitted declarations show the pla
s
aintiffs are financially strapped, t
y
they
do not sh they ar indigent. The Court will theref
how
re
t
fore deny th plaintiffs request to
he
s’
o
waive th bond requ
he
uirement. The Court, however, w set a bon amount a $250, as the
T
h
will
nd
at
plaintiff ask.
fs
ORDER
O
IT IS ORDE
T
ERED that Samuel Th
t
hiemann, Jo
oseph Zahn William W
n,
Williams, N
Norm
Sellards, Gary Kaes
stner, Jacob MacDona Leslie G
b
ald,
Goodman, G
Gary Bryant Lynn Lee
t,
e,
Michael Snider, Da
aniel Bugli, and Don Flederback’s Motion to Waive or S Bond U
s
o
Set
Under
Idaho Co § 6-610 (Dkt 1) is GRANTED in part an DENIED in part.
ode
0
D
nd
D
DAT
TED: June 30, 2014
__________
__________
_____
___
B. L
Lynn Winm
mill
Chief Judge
ited
District Cou
urt
Uni States D
MEMORA
ANDUM DECI
ISION AND ORDER - 3
R
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?