Peter J. Estay and Stephanie S. Estay v. Teton County Sheriff, Teton County Sheriff Department, Sergeant C. Berry, Deputy H. Majors, Deputy E. Warn, Deputy Ben Guimont, Clint Lemieux, and John/Jane Does 1-10

Summary

The United States District Court for the District of Idaho grants Plaintiffs’ motion to set a reasonable bond in connection with their intended claims against Teton County law enforcement defendants. The Court sets the bond at $500 for the state-law inverse condemnation claim under Idaho Code § 6-610, while holding that the federal claims under 42 U.S.C. § 1983 are not subject to the bond requirement.

Holdings

1. The bond requirement of Idaho Code § 6-610 does not apply to plaintiffs' federal claims under 42 U.S.C. § 1983, which may be filed without posting a bond.
2. The court required a bond as a condition precedent to filing plaintiffs' inverse-condemnation claim under Article I, section 14 of the Idaho Constitution, while noting that defendants could later object to the statute's applicability.
3. The appropriate bond amount is $500, payable through a written undertaking with at least two sufficient sureties.

Questions Presented

1. Whether Idaho Code § 6-610 requires a bond for plaintiffs' contemplated federal claims under 42 U.S.C. § 1983.
2. Whether Idaho Code § 6-610 requires a bond for plaintiffs' contemplated state-law inverse-condemnation claim.
3. What amount of bond should be required in light of plaintiffs' asserted indigency and the statutory purposes of the bond.

Disposition

other