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)

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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

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