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St. Luke's withdraws Supreme Court petition in Bundy case, Gem County Sheriff agrees to serve papers

The sheriff said he will continue to abide by his statutory duties and deliver any legal paperwork to any and all citizens of Gem County, including Bundy.

IDAHO, USA — The Gem County Sheriff issued a press release agreeing to serve Ammon Bundy with legal papers after lawyers for St. Luke's filed a writ of mandamus with the Idaho Supreme Court two days ago. The sheriff's office had previously said that Bundy had become increasingly aggressive when they had been serving him with papers and wanted to opt out of the duty.

"After St. Luke's filed the petition for writ of mandamus and prohibition, Sheriff Wunder re-engaged in discussions with the Gem County Prosecutor's Office, St. Luke's, and Holland & Hart to clarify the sheriff's duties. St. Luke's will withdraw the current Petition for Writ of Mandamus and Prohibition from the Supreme Court," the release stated.

This follows a lengthy lawsuit that St. Luke's filed in May of 2022 for defamation against Bundy and his campaign, Diego Rodriguez and his Freedom Man Press and Freedom Man PAC and the People's Rights Network. Over their protest of a child named Cyrus that was taken by protective services.

As KTVB previously reported, in a letter to St. Luke's lawyers last week, Sheriff Wunder said his deputies last attempt to deliver paperwork dealing with the current lawsuit against Bundy became confrontational. Further, that the Gem County Sheriff's Office would no longer take part in serving process to Bundy due to safety concerns.

Now, the sheriff said he will continue to abide by his statutory duties and deliver any legal paperwork to any and all citizens of Gem County, including Bundy.

In addition, the press release added that he will also not charge any private server with trespass on private property if they are just doing their job.

According to St. Luke's lawyer, Erik Stidham and the release, Sheriff Wunder will sign an affidavit tomorrow agreeing to all of this and St. Luke's will withdraw its current petition to the Idaho Supreme Court.

Stidham also said that St. Luke's is going to ask the judge for a default judgment in it's defamation lawsuit against Bundy. Because Bundy hasn't appeared or participated in any of the legal proceedings to this point, and he has made it clear he won't, St. Luke's attorneys want the judge to rule in their favor and then determine damages.

This all stems from a days-long protest organized by Bundy outside St. Luke's in Boise over the baby taken by protective services. The hospital also alleges Bundy has harassed, intimidated, and defamed several members of its staff.

"Mr. Bundy has been in default for much of the litigation. Default means the defendant to appear timely so all the allegations in the complaint are taken as true. But St. Luke’s just recently moved on default judgment. Default judgment is the next step. At default judgment, the Court moves to the step of determining the number of damages. In a case like ours where damages are not immediately ascertainable, the Court must have a hearing, At the hearing evidence will be presented on damages. In our case, we will also be presenting evidence on punitive damages," Stidham said.

The lawyer furthered that his office has a sound file of death threats made to St. Luke's, that Bundy is a grifter and that they are ready to present damages and move to a default judgement.

"We are not giving up the grift-it is a key component of our punitive damages case. We believe have strong evidence regarding the grift but we still are pursuing discovery of the working of Bundy’s entities," Stidham said. "Several depositions have been scheduled, although Bundy may not let anyone show up for those."

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