Allied Bail Bonds, Inc. v. County of Kootenai
258 P.3d 340
Idaho2011Background
- Allied Bails Bonds sued the Sheriff and Board in 2000 alleging interference with its bail bonds business.
- In April 2001 the Sheriff, Allied, and Board entered a settlement detailing how inmates would be informed of bail bond options.
- In October 2007 Allied filed the instant action; the Sheriff and Board moved to dismiss.
- The district court dismissed Allied’s claims, including ITCA-based tort claims and constitutional claims, and later awarded attorney fees to respondents.
- Allied appeals arguing improper dismissal, constitutional claims, and entitlement to damages and fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ITCA notice requirement applies to constitutional claim | Allied contends constitutional claim falls outside ITCA. | ITCA covers money damages for government acts; claim barred for lack of notice. | ITCA notice required; claim barred |
| Timeliness of bond under I.C. 6-610 | Bond filed post-complaint suffices; objections improper. | Bond must be filed before suit; district court properly dismissed. | Bond timely filing requirement not met; dismissal proper |
| Public records claim viability | Remedy includes attorney fees for denial of records. | ITCA and public records statutes require compelled production, not fees. | Public records claim properly dismissed |
| Board liability for Sheriff’s conduct | Board can be liable via vicarious liability or endorsement of settlement. | Board lacks statutory authority to control Sheriff; ultra vires to bind. | Board not liable; endorsement ultra vires and unenforceable |
| Attorney fees on appeal | Prevailing party should recover fees per settlement and statute. | Fees appropriate where prevailing party; Allied engaged in unreasonable conduct. | Respondents entitled to appellate attorney fees |
Key Cases Cited
- Meisner v. Potlatch Corp., 131 Idaho 258 (1998) (free review over questions of law; jurisdictional issues)
- Bakker v. Thunder Spring-Wareham, LLC, 141 Idaho 185 (2005) (public policy in contract/constitutional questions)
- McQuillen v. City of Ammon, 113 Idaho 719 (1987) (ITCA notice as a mandatory condition precedent)
- Orthman v. Idaho Power Co., 126 Idaho 960 (1995) (review of 12(b)(6) motions; favorable view to non-movant)
- Young v. City of Ketchum, 44 P.3d 1157 (2002) (pleading standards under I.R.C.P.)
- Nampa Charter School, Inc. v. DeLaPaz, 140 Idaho 23 (2004) (fee-shifting and dismissal standards under ITCA/Rule 12(b))
- Straub v. Smith, 145 Idaho 65 (2007) (attorney fees where dismissal deemed non-merits-based)
- Garner v. Bartschi, 139 Idaho 430 (2003) (prevailing party fees where contract remains unenforceable)
- Jenkins v. Barsalou, 145 Idaho 202 (2008) (Appellate sanctions for unreasonable conduct on appeal)