Stucki et al v. City of Pocatello et al

Filing 4

ORDER. Plaintiffs Motion to Waive Bond or Set at $0 (Dkt. 1 ) is DENIEDWITHOUT PREJUDICE. 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 (cjs)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

GINA STUCKI, et. al.,
Case No. 4:15-cv-00422-BLW
Plaintiffs,
v.
CITY OF POCATELLO, et. al.,

ORDER

Defendants.

The Court has before it Plaintiffs’ Motion to Waive Bond or Set at $0 (Dkt. 1).
Plaintiffs have initiated a lawsuit against a law enforcement officer. Idaho Code § 6–
610(2) requires a plaintiff to post bond before she initiates suit against a law enforcement
officer. Plaintiffs ask the Court to waive that bond because their state law claims are
intertwined with their §1983 claims, and requiring a bond would work an injustice and
inhibit the Plaintiffs’ pursuit of their federal claims. Plaintiffs cite no authority for such a
waiver, and the Court is aware of none.
A court may only waive costs, fees and security for indigents under Idaho Code §
31–3220 if the party files an affidavit stating that she is indigent and unable to pay the
costs. The Court may only do so, however, if after an informal inquiry, such as reviewing
affidavits, the Court finds that the party is indigent. I.C. § 31–3220(2). But Plaintiffs have

ORDER - 1

neither argued indigence nor have they provided the Court with any information to
consider. Accordingly, the Court will deny the motion without prejudice.
ORDER
IT IS HEREBY ORDERED:
1. Plaintiffs’ Motion to Waive Bond or Set at $0 (Dkt. 1) is DENIED
WITHOUT PREJUDICE.

DATED: November 10, 2015

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

ORDER - 2