Jo Ann Phinizy v. State of Alabama

ALVIN B. RUBIN, Circuit Judge:

Jo Ann Phinizy seeks to nullify a 1982 judgment entered by an Alabama county probate court. She alleges that the probate judge and other defendants deprived her and her relative, the late Catherine Ussery, of due process and equal protection when the probate judge declared Us-sery incompetent and appointed a guardian. This is the third lawsuit, and the second in federal court, that Phinizy has filed in an effort to overturn the incompetency determination. After the district court had dismissed the case for lack of subject-matter jurisdiction, Phinizy moved to…