Maria Bentley, et al. v. Victoria Vooys, et al.

Located more than one thousand miles off the coast of mainland United States, defendants who reside in the Virgin Islands may struggle to collect awarded costs against off-island plaintiffs. Cognizant of this potential burden, the Virgin Islands legislature enacted Section 547, which mandates: [i]f the plaintiff resides out of the Virgin Islands or is a foreign corporation, the defendant may serve a notice requiring security for the costs which may be awarded against the plaintiff. After the service of such a notice, all proceedings in the action shall be stayed until security is given by the plaintiff. 5 V.I.C. § 547(a). The question presented is: Whether a statute requiring a court, upon a defendant’s request, to order a non-resident plaintiff to post a minimal security bond for costs violates either the Privileges and Immunities Clause of Article IV, Section 2 of the United States Constitution or the Equal Protection Clause of the Fourteenth Amendment.