The plaintiff brought suit as "next friend" of his son, who was assaulted in jail and who he alleged was mentally incompetent. The defendants objected to his doing so because no proceeding had been held to appoint the father as the son's legal representative. However, federal courts are not bound by state standards and procedures; the matter is discretionary and they may consider whether there is a significant relationship between the next friend and the incompetent party and whether there is a legitimate reason why the actual party cannot sue. See: Ingram ex rel. Ingram v. Ainsworth, 184 F.R.D. 90 (S.D.Miss. 1999).
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Ingram ex rel. Ingram v. Ainsworth
|Cite||184 F.R.D. 90 (S.D.Miss. 1999)|