Zamora v. Draper

CROCKETT, Retired Justice:

Plaintiff Ernie Zamora appeals from the granting of the defendants’ motion to dismiss his complaint, wherein he alleges that he was assaulted by them. The dismissal was based on the defendants’ averment that they are Ogden Police Officers and that the plaintiff failed to file the bond provided for in Section 78-11-10, U.C.A., 1953.

That statute states:

Before any action may be filed against any sheriff, constable, peace officer, . . . when such action arises out of, or in the course of the performance of his duty, . . . the proposed plaintiff, as a condition precedent…