TR

Filing 3

MEMORANDUM DECISION AND ORDER Granting 1 MOTION to Waive Fee Pursuant to I.C. 31-3220.. 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 (jp)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
MINOR CHILD T.R.,

Case No. 4:14-cv-00175-BLW

Movant.

MEMORANDUM DECISION AND
ORDER
INTRODUCTION

The Court has before it Minor Child T.R.’s Motion for Fee Waiver Pursuant to
I.C. § 31-3220 (Dkt. 1). For the reasons explained below, the Court will grant the motion.
ANALYSIS
T.R. intends to file suit against certain law enforcement officials. She is required
by Idaho Code § 6–610(2) to post a bond to cover costs when she initiates suit against a
law enforcement officer. A court may, however, waive costs, fees and security for
indigents. See I.C. § 31–3220. If a party files an affidavit stating that she is indigent and
unable to pay the costs, fees, and security associated with her case, the court may waive
them if it finds, after informal inquiry, that the party is indigent. See Idaho Code § 31–
3220(2). This statute applies to bonds required under Idaho Code § 6–610. Taysom v.
Bannock County, 2012 WL 397734 (D. Idaho. Feb. 7, 2012).
T.R. is a ward of the State of Idaho. Her court appointed conservator, Angela
Jenson, filed an affidavit explaining that T.R. is unable to pay the security required by

MEMORANDUM DECISION AND ORDER - 1

Idaho Code § 6-610. Jenson Aff., Dkt. 1-1. The affidavit confirms that T.R. has no assets
and is therefore indigent. Accordingly, the Court will waive the security bond.
ORDER
IT IS ORDERED:
1. Minor Child T.R.’s Motion for Fee Waiver Pursuant to I.C. § 31-3220 (Dkt.
1) is GRANTED.

DATED: June 3, 2014

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

MEMORANDUM DECISION AND ORDER - 2