Timothy v. Oneida County et al, No. 4:2014cv00362 - Document 3 (D. Idaho 2014)

Court Description: 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.)

Download PDF
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

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.