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Third Circuit Discusses FRCP 17(c) Guardian Appointment; Evidence of Incompetency Requires Sua Sponte Inquiry
Loaded on July 15, 2013
published in Prison Legal News
July, 2013, page 52
The Third Circuit Court of Appeals has held that "a court is not required to conduct a sua sponte determination whether an unrepresented litigant is incompetent unless there is some verifiable evidence of incompetence."Federal Rule of Civil Procedure (FRCP) 17(c) requires the appointment of a guardian ad litem to …
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More from this issue:
- Arizona Prison System Plagued by Politics, Privatization and Prisoner Deaths, by Joe Watson
- Louisiana Supreme Court Rejects Ex Post Facto Challenge in Sex Offender Supervision Case, by Derek Gilna
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- Italian Prison Program Trains Female Prisoners in Fashion Industry, by Derek Gilna
- Pennsylvania DOC's Hepatitis C Protocol Challenged in Class-action Lawsuit, by Greg Dober
- Sixth Circuit Reverses Dismissal of Suit Due to Non-Exhaustion and Statute of Limitations
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- Seventh Circuit: Summary Judgment Partially Reversed in Jail Death Caused by Medication Withdrawal
- Oregon: Post-Escape Conduct Justifies Enhanced Escape Sentence
- Oklahoma Prison Employees Disciplined, by Matthew Clarke
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- Ninth Circuit: Enemy Combatant Detention/Torture Not Clearly Established
- Illinois: Conditions Lawsuit Filed by Civilly Confined Sex Offenders Dismissed, by Derek Gilna
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- Re-incarceration Not Grounds to Dismiss Wisconsin Civil Commitment Petition
- PLN Files Public Records Suit Against CCA in Vermont
- Some Jails Turning to Video Visitation Only, by Matthew Clarke
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