Santiago Manuel A. v. Jamison et al
Filing
90
OPINION AND ORDER granting 89 Motion for Reconsideration. Having reconsidered the matter, the Court reaches the same conclusions as set forth in the 88 Opinion and Order. Signed by Judge John E. Steele on 9/9/2014. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
SANTIAGO
MANUEL
A.,
individually and on behalf
of SA,
Plaintiff,
v.
Case No: 2:13-cv-781-FtM-29CM
DALE
JAMISON,
Teacher
(Edison
Collegiate
High
School, Lee Campus), BRIAN
BOTTS, Dr., School Principal
(Edison
Collegiate
High
School, Lee Campus), EDISON
STATE COLLEGE, Lee Campus,
and SCHOOL BOARD OF LEE
COUNTY,
Defendants.
OPINION AND ORDER
This matter comes before the Court on plaintiffs' Motion for
Reconsideration or to Amend Judge’s Order (Doc. #89) filed on
September 8, 2014.
As the Court understands the motion, plaintiff
Santiago Manuel A. seeks reconsideration of that portion of the
September 3, 2014 Opinion and Order (Doc. #88) which precludes him
from representing his son in this litigation.
The Court grants
reconsideration, but after such reconsideration reaches the same
conclusion.
As a non-attorney, plaintiff Santiago Manuel A. clearly has
the right to represent himself in federal court in the prosecution
of his own claims.
Thus, for example, where a statute gives
parents their own rights, the parents may represent themselves in
asserting those rights in federal court.
School District, 550 U.S. 516 (2007).
Winkelman v. Parma City
Non-attorney parents may
not, however, represent a child in asserting the rights of the
child in federal court.
Devine v. Indian River Cnty. Sch. Bd.,
121 F.3d 576, 581-82 (11th Cir. 1997), overruled in part on other
grounds by Winkelman ex rel. Winkelman v. Parma City Sch. Dist.,
550 U.S. 516, 535 (2007).
While plaintiff Santiago Manuel A. does
not have to join anyone in order to assert his own claims, he may
not assert the claims of his son S.A.
If S.A. wishes to assert
his own claims, he may do so himself or through counsel, but he
may not be represented by his non-attorney father.
If S.A. wishes
to assert his own claims, he must participate in all court-related
proceedings as a party, even if, as is often the case, a party
would rather focus on something else.
Accordingly, it is hereby
ORDERED:
Plaintiffs' Motion for Reconsideration or to Amend Judge’s
Order (Doc. #89) is GRANTED.
Having reconsidered the matter, the
Court reaches the same conclusions as set forth in the Opinion and
Order filed September 3, 2014 (Doc. #88).
DONE and ORDERED at Fort Myers, Florida, this
September, 2014.
Copies:
Parties of Record
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