Timothy v. Oneida County et al

Filing 3

MEMORANDUM DECISION AND ORDER granting 2 Motion to Waive. The Court finds an appropriate bond amount in this case is $5,000, to be secured and posted within 20 days of this Order. Alternatively, Timothy may file a motion to waive the bond requ irement within 20 days of the date of this Order along with the requisite financial affidavits and the Court will determine if the indigency requirements for a waiver have been established. 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)(Emailed to hg, jd, an jt in Finance.)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

HEATHER S. TIMOTHY, an individual,
Case No. 4:14-cv-00362-BLW
Plaintiff,

MEMORANDUM DECISION AND
ORDER

v.
ONEIDA COUNTY, a political
subdivision of the State of Idaho;
DUSTIN W. SMITH, in his capacity as
Prosecuting Attorney for Oneida County,
Idaho; DUSTIN W. SMITH, an
individual,
Defendants.

INTRODUCTION
Before the Court is Plaintiff Heather S. Timothy’s Motion to Set Bond (Dkt. 2).
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 set the bond amount at $5000.

MEMORANDUM DECISION AND ORDER - 1

ANALYSIS
Plaintiff Heather S. Timothy brings this lawsuit against Oneida County, and
Dustin Smith, in his capacity as the prosecuting attorney for Oneida Count and
individually, alleging that Defendant unlawfully terminated her employment after she
reported to law enforcement that Smith was allegedly misappropriating and misusing
public funds from the Prosecutor Officer’s budget. Timothy brings both state law
wrongful termination claims and federal law due process claims. She asks the Court to set
a bond amount.
Section 6–610(2) of the Idaho Code requires a plaintiff to post bond before it
initiates suit against a law enforcement officer. The bond requirement does not apply to
Timothy’s federal claims but it does apply to Timothy’s state law claims. Hyde v. Fisher,
152 P.3d 653 (Id.Ct.App. 2007).
The Court has reviewed the Complaint and finds an appropriate bond amount in
this case to be $5,000. The Court therefore orders Timothy 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 the state
law claims against the individual law enforcement officer. Alternatively, Timothy may
file a motion to waive the bond requirement within 20 days of the date of this Order
along with the requisite financial affidavits and the Court will determine if the indigency
requirements for a waiver have been established.

MEMORANDUM DECISION AND ORDER - 2

ORDER
O
IT IS ORDE
T
ERED:
1. Plaintiff Hea
P
ather S. Tim
mothy’s Mo
otion to Set Bond (Dkt. 2) is GRA
ANTED.
2. The Court fi
T
inds an appr
ropriate bon amount in this case is $5000, t be secure
nd
e
to
ed
an posted within 20 da of this Order. Alter
nd
w
ays
O
rnatively, T
Timothy ma file a mo
ay
otion
to waive the bond requi
o
irement wit
thin 20 days of the date of this Or
s
e
rder along w
with
th requisite financial affidavits an the Cour will determ if the indigency
he
a
nd
rt
mine
re
equirements for a waiv have bee establish
s
ver
en
hed.

TED: Septe
DAT
ember 3, 20
014

__________
__________
_____
___
B. L
Lynn Winm
mill
Chief Judge
ited
District Cou
urt
Uni States D

MEMORA
ANDUM DECI
ISION AND ORDER - 3
R