TITLE 6

ACTIONS IN PARTICULAR CASES

CHAPTER 6

USURPATION OF OFFICE OR FRANCHISE

6-610.  Actions against law enforcement officers. (1) For purposes of this section, a "law enforcement officer" shall be defined as any court personnel, sheriff, constable, peace officer, state police officer, correctional, probation or parole official, prosecuting attorney, city attorney, attorney general, or their employees or agents, or any other person charged with the duty of enforcement of the criminal, traffic or penal laws of this state or any other law enforcement personnel or peace officer as defined in chapter 51, title 19, Idaho Code.

(2)  Before any civil action may be filed against any law enforcement officer or service of civil process on any law enforcement officer, when such action arises out of, or in the course of the performance of his duty, or in any action upon the bond of any such law enforcement officer, the proposed plaintiff or petitioner, as a condition precedent thereto, shall prepare and file with, and at the time of filing the complaint or petition in any such action, a written undertaking with at least two (2) sufficient sureties in an amount to be fixed by the court. The purpose of this requirement is to ensure diligent prosecution of a civil action brought against a law enforcement officer, and in the event judgment is entered against the plaintiff or petitioner, for the payment to the defendant or respondent of all costs and expenses that may be awarded against the plaintiff or petitioner, including an award of reasonable attorney’s fees as determined by the court.

(3)  In any such civil action the prevailing party shall be entitled to an award of costs as otherwise provided by law. The official bond of any law enforcement officer under this section shall be liable for any such costs.

(4)  At any time during the course of a civil action against a law enforcement officer, the defendant or respondent may except to either the plaintiff’s or petitioner’s failure to file a bond or to the sufficiency of the sureties or to the amount of the bond.

(5)  When the defendant or respondent excepts to the plaintiff’s or petitioner’s failure to post a bond under this section, the judge shall dismiss the case.

(6)  When the defendant or respondent excepts to the sufficiency of the sureties[,] the sureties must be justified by the plaintiff or petitioner. Upon failure to justify the judge must dismiss the case.

(7)  When the amount of the bond is excepted to, a hearing may be held upon notice to the plaintiff or petitioner by the defendant or respondent of not less than two (2) nor more than ten (10) working days after the date the exception is filed, before the judge of the court in which the action is brought. If it appears that the bond is insufficient in amount, the judge shall order a new bond sufficient in amount to be filed within five (5) days of the date such order is received by the plaintiff or petitioner. If no such bond is filed as required by the order of the court, the judge shall dismiss the action.

History:

[6-610, as added by 1953, ch. 234, sec. 1, p. 351; am. 1955, ch. 78, sec. 1, p. 150; am. 1997, ch. 131, sec. 1, p. 398.]