Merriman v. Governor Jerry Brown et al.
Filing
84
REQUEST FOR RESPONSE RE COMPETENCE Responses due by 10/6/2016.. Signed by Judge Alsup on 9/22/16. (whalc1, COURT STAFF) (Filed on 9/22/2016)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JUSTIN MERRIMAN,
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Plaintiff,
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For the Northern District of California
United States District Court
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No. C 15-01715 WHA
v.
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OFFICER FNU SMITH, OFFICER FNU
TIERNEY, OFFICER FNU ROBINSON,
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Defendants.
REQUEST FOR RESPONSE
RE COMPETENCE
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The Court has reviewed the materials provided by both sides concerning plaintiff’s
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competence. By THURSDAY, OCTOBER 6 AT NOON, both sides shall please respond to the
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following questions:
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Why is plaintiff’s mother unqualified to serve as a guardian
ad litem?
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•
Why can no other family member serve as a guardian ad
litem?
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Dr. Macomber states that the anal bleeding from the alleged
anal rape was documented in plaintiff’s medical records. Is
this true?
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Dr. Macomber also states plaintiff wrote about this to his
mother but that his letters were destroyed and never
delivered. Has this been confirmed by plaintiff’s mother?
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Dr. Macomber further states plaintiff’s mother sent money
to his canteen for seven years but the money was stolen.
Has this been confirmed by plaintiff’s mother?
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Do both sides agree that the test for incompetence to sue
under California law is “whether the party has the capacity
to understand the nature of consequences of the proceeding,
and is able to assist counsel in preparation of the case”?
In re Jessica G., 93 Cal. App. 4th 1180, 1186 (2001).
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The Court is inclined to require counsel to agree upon a
neutral psychiatrist to examine plaintiff, his medical records,
and his depositions to determine his competence. Counsel
shall please state why this should not be done.
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IT IS SO ORDERED.
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Dated: September 22, 2016.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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For the Northern District of California
United States District Court
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