Loper v. Muny Football League Organization et al
Filing
3
Memorandum Opinion and Order dismissing this action without prejudice for lack of representation. The Court further certifies, pursuant to 28 U.S.C. §1915(a)(3), that an appeal from this decision could not be taken in good faith. Judge Donald C. Nugent 10/31/16(C,KA)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
Latasha Loper,
Plaintiff,
v.
The Muny League Football
Organization, et al.,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
CASE NO. 1:16 CV 2358
JUDGE DONALD C. NUGENT
MEMORANDUM OPINION
AND ORDER
Plaintiff Latasha Loper, proceeding pro se and in forma pauperis, has filed this federal civil
rights action against the Muny League Football Organization and the City of Cleveland Division of
Recreation on behalf of her minor child. She alleges the Defendants have discriminated against her
child on the basis of a disability in violation of the Americans with Disabilities Act (ADA) in
connection with playing opportunities that have been afforded him in Muny League football. She
seeks damages on behalf of her child for “mental anguish and discrimination,” as well as an order
that he receive his trophy and be allowed to play, and that Director Dunn, Coach Hardaway, Officer
Smitty, and Tim Wells be removed and reprimanded.
Although 28 U.S.C. §1654 provides that “[i]n all courts of the United States the parties may
plead and conduct their own cases personally or by counsel,” that statute does not permit plaintiffs
to appear pro se when interests other than their own are at stake. Shepherd v. Wellman, 313 F.3d
963, 970 (6th Cir.2002) (citing Iannoccone v. Law, 142 F.3d 553, 558 (2nd Cir.1998)). Thus,
parents cannot appear pro se on behalf of their minor children because a minor’s personal cause of
action is his or her own and does not belong to the parent or representative. Shepherd, 313 F.3d at
970-971 (citing Cheung v. Youth Orch. Foundation of Buffalo, Inc., 906 F.2d 59, 61 (6th Cir.1990)).
Thus, the Plaintiff cannot represent her minor child in this action under the ADA.
Conclusion
Accordingly, this action is dismissed without prejudice for lack of representation. The Court
further certifies, pursuant to 28 U.S.C. §1915(a)(3), that an appeal from this decision could not be
taken in good faith.
IT IS SO ORDERED.
/s/Donald C. Nugent
DONALD C. NUGENT
UNITED STATES DISTRICT JUDGE
Dated: __10/31/16______
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?