TR

Filing 6

MEMORANDUM DECISION & ORDER Ms Ritter's Motion for Fee Waiver Pursuant to I.C. § 31-3220 (Dkt. 4 ) isGRANTED. 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

TIA RITTER,

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

Plaintiff,

MEMORANDUM DECISION AND
ORDER

v.
UNKNOWN,
Defendant.

INTRODUCTION
The Court has before it Tia Ritter’s Motion for Fee Waiver Pursuant to I.C. § 313220 (Dkt. 4). For the reasons explained below, the Court will grant the motion.
ANALYSIS
Ms. Ritter 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 that requirement if it finds, after informal inquiry, that the party is indigent. See
I.C. § 31–3220(2). This statute applies to bonds required under I.C. § 6–610. Taysom v.
Bannock County, 2012 WL 397734 (D. Idaho. Feb. 7, 2012).

MEMORANDUM DECISION AND ORDER - 1

Ms. Ritter was a ward of the State of Idaho. Her court appointed conservator,
Angela Jenson, originally filed an affidavit explaining that Ms. Ritter was unable to pay
the security required by Idaho Code § 6-610. Jenson Aff., Dkt. 1-1. The affidavit
confirmed that Ms. Ritter has no assets and was therefore indigent. The Court therefore
waived the security bond for the conservator. Ms. Ritter is now an adult, and she has filed
another affidavit on her own behalf explaining that she is unable to pay the security
required by Idaho Code § 6-610. Ritter Aff., Dkt. 4-1. The affidavit confirms that Ms.
Ritter has no assets, no income, and is therefore indigent. Essentially, other than Ms.
Ritter becoming an adult, nothing has changed from the time the Court originally waived
the security bond for the conservator. Accordingly, the Court will now waive the security
bond – this time as it applies to Ms. Ritter instead of her conservator.
ORDER
IT IS ORDERED:
1. Ms Ritter’s Motion for Fee Waiver Pursuant to I.C. § 31-3220 (Dkt. 4) is
GRANTED.

DATED: June 9, 2015

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

MEMORANDUM DECISION AND ORDER - 2