Yantis et al v. Adams County et al

Filing 3

MEMORANDUM DECISION AND ORDER granting 1 Motion for Bond. The Court finds an appropriate bond amount in this case is $2,500, to be secured and posted within 20 days of this Order. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st) .

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
DONNA J. YANTIS; SARAH A.
YANTIS; LAURETTA D. YANTIS; and
ROWDY L. PARADIS,
Plaintiffs,

Case No.: 1:17-cv-430-DCN

vs.
ADAMS COUNTY, IDAHO; the ADAMS MEMORANDUM DECISION
COUNTY SHERIFF’S OFFICE; RYAN
AND ORDER
ZOLLMAN, individually and in his official
capacity as the Adams County Sheriff;
CODY ROLAND, individually and in his
official capacity as an Adams County
Deputy Sheriff; BRIAN WOOD,
individually and in his official capacity as
an Adams County Deputy Sheriff; and
John/JANE Does 1-10, individually and in
their official capacities,
Defendants.
Before the Court is Donna J. Yantis, Sarah A. Yantis, Lauretta D. Yantis, and
Rowdy L. Paradis’ Motion to 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. For the reasons set forth below, the Court grants the Motion.
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
MEMORANDUM DECISION AND ORDER - 1

(2) the court finds, after informal inquiry, that the party is indigent for the purpose of
prepayment of fees, costs, or security. Idaho Code § 31-220(2)(a), (b). This statute
applies to bonds required under Idaho Code § 6-610. Thiemann v. Donahue, No. 1:14CV-00172-BLW, 2014 WL 2948996, at *1 (D. Idaho June 30, 2014).
The four Plaintiffs in this case have submitted financial statements to the Court
setting out their assets, obligations, and debts. However, the Plaintiffs have not indicated
the amount of their monthly income or expenses. They also have not indicated whether
they have spouses or dependents. These are relevant to the pending Motion. See Raymond
v. Sloan, No. 1:13-CV-423-BLW, 2013 WL 6405020 (D. Idaho Dec. 6, 2013); Taysom v.
Bannock Cty., No. 1:12-CV-00020-BLW, 2012 WL 397734, at *1 (D. Idaho Feb. 7,
2012). The Court, therefore, cannot make a determination of whether Plaintiffs are
indigent, financially strapped, or financially secure. Accordingly, the Court will not
waive the bond as allowed under Idaho Code § 31-220(2)(a), (b). At this time, the Court
also will not set a nominal bond amount as Plaintiffs request.
“The stated purpose for the bond requirement ‘is to ensure . . . payment to the
defendant or respondent of all costs and expenses that may be awarded against the
plaintiff or petitioner, including an award of reasonable attorney’s fees as determined by
the court.’” Urrizaga v. Twin Falls Cty., 106 F. App’x 546, 549 (9th Cir. 2004) (quoting
Idaho Code § 6-610(2)). For example, in the absence of any evidence of indigency, this
Court has set a bond required under Idaho Code § 6-610 at $5,000. See Timothy v.
Oneida Cty., No. 4:14-CV-00362-BLW, 2014 WL 4384348 (D. Idaho Sept. 3, 2014).

MEMORANDUM DECISION AND ORDER - 2

The Court has reviewed the Complaint and finds an appropriate bond amount in
this case to be $2,500. The Court, therefore, orders Plaintiffs to obtain the requisite
statutory securities within 20 days of the date of this Order and to file such notice with
the Court. Failure to obtain the requisite security will result in the dismissal of this case.
Alternatively, Plaintiffs may file a motion to modify the bond requirement within 20 days
of the date of this Order along with financial affidavits providing additional evidence of
their inability to meet the bond requirement.
ORDER
IT IS ORDERED:
1. Donna J. Yantis, Sarah A. Yantis, Lauretta D. Yantis, and Rowdy L. Paradis
Motion to Set Bond Under Idaho Code § 6-610 (Dkt 1) is GRANTED;
2. The Court finds an appropriate bond amount in this case is $2,500, to be
secured and posted within 20 days of this Order.
DATED: October 17, 2017
_________________________
David C. Nye
U.S. District Court Judge

MEMORANDUM DECISION AND ORDER - 3