United States District Court, D. Idaho
MEMORANDUM DECISION AND ORDER
Lynn Winmill, Chief Judge United States District Court.
the Court are Defendants' Blaine County, Gene D. Ramsey,
Gooding County, Shaun Gough, William Shubert, and Jesus
Gonzalez's Motion to Dismiss (Dkt. 17) and Kevin
Wayt's Motion to Dismiss (Dkt. 30). The matters are fully
briefed. For the reasons set forth below, the Court will
grant Defendants' motion to dismiss the state law claims
against Ramsey, Gough, Shubert, and Gonzalez without leave to
amend. In addition, the Court will grant Defendant Wayt's
Motion to Dismiss, but with leave to amend.
Rule of Civil Procedure 8(a)(2) requires only “a short
and plain statement of the claim showing that the pleader is
entitled to relief, ” in order to “give the
defendant fair notice of what the . . . claim is and the
grounds upon which it rests.” Bell Atlantic Corp.
v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 1964
(2007). While a complaint attacked by a Rule 12(b)(6) motion
to dismiss “does not need detailed factual allegations,
” it must set forth “more than labels and
conclusions, and a formulaic recitation of the elements of a
cause of action will not do.” Id. at 555. To
survive a motion to dismiss, a complaint must contain
sufficient factual matter, accepted as true, to “state
a claim to relief that is plausible on its face.”
Id. at 570. A claim has facial plausibility when the
plaintiff pleads factual content that allows the court to
draw the reasonable inference that the defendant is liable
for the misconduct alleged. Id. at 556. The
plausibility standard is not akin to a “probability
requirement, ” but it asks for more than a sheer
possibility that a defendant has acted unlawfully.
Id. Where a complaint pleads facts that are
“merely consistent with” a defendant's
liability, it “stops short of the line between
possibility and plausibility of ‘entitlement to
relief.' ” Id. at 557.
Supreme Court identified two “working principles”
that underlie Twombly in Ashcroft v. Iqbal,
556 U.S. 662, 678 (2009). First, the court need not accept as
true, legal conclusions that are couched as factual
allegations. Id. Rule 8 does not “unlock the
doors of discovery for a plaintiff armed with nothing more
than conclusions.” Id. at 678-79. Second, to
survive a motion to dismiss, a complaint must state a
plausible claim for relief. Id. at 679.
“Determining whether a complaint states a plausible
claim for relief will . . . be a context-specific task that
requires the reviewing court to draw on its judicial
experience and common sense.” Id.
dismissal without leave to amend is improper unless it is
beyond doubt that the complaint “could not be saved by
any amendment.” Harris v. Amgen, Inc., 573
F.3d 728, 737 (9th Cir. 2009) (issued 2 months after
Iqbal). The Ninth Circuit has held that “in
dismissals for failure to state a claim, a district court
should grant leave to amend even if no request to amend the
pleading was made, unless it determines that the pleading
could not possibly be cured by the allegation of other
facts.” Cook, Perkiss and Liehe, Inc. v. Northern
California Collection Service, Inc., 911 F.2d 242, 247
(9th Cir. 1990). The issue is not whether plaintiff will
prevail but whether he “is entitled to offer evidence
to support the claims.” Diaz v. Int'l Longshore
and Warehouse Union, Local 13, 474 F.3d 1202, 1205 (9th
Cir. 2007)(citations omitted).
Complaint, Hanson alleges Fifth, Eighth, and Fourteenth
Amendment violations pursuant to 42 U.S.C. § 1983. The
defendants in these motions are all law enforcement officers
in various positions and from different counties. Ramsey was
the elected Sheriff of Blaine County, Idaho. Gough, Shubert,
and Gonzalez were all members of Gooding County law
enforcement. Gough was the sheriff; Shubert was a Corporal;
Gonzalez was an Officer. Wayt was a Parole Officer for the
State of Idaho.
arrested Hanson around September 19, 2014 for an alleged
parole violation. Compl. ¶ 16. At the time of
his arrest, Hanson allegedly informed Wayt he had recently
had surgery on his right eye and required prescription eye
drops. Id. at ¶ 17. Wayt refused to allow him
to take his prescription eye drops with him to the county
was booked into Blaine County Jail and later transferred to
Gooding County jail on September 22, 2014. He alleges that,
despite informing members of the County Jails of his need for
the eye drops, that the Defendants deprived him of his eye
drops for at least six days. Id. at ¶ 18-22.
Hanson experienced retinal detachment in his right eye
requiring two surgical procedures to repair it. As a result,
he has suffered permanent vision lost in his right eye.
Id. at ¶ 24.
Motion to Dismiss (Dkt. 17) - Bond Requirement
Gough, Shubert, and Gonzalez seek to dismiss the state law
claims for failure to post bond under Idaho Code §
6-610. Section 6-610 requires that “[b]efore any civil
action may be filed against any law enforcement officer or
service of civil process on any law enforcement officer,
” plaintiffs must post a bond prior to or
simultaneously with the filing of the complaint. I.C. §
6-610(2). Although not a jurisdictional requirement, posting
bond is ...