Smith v. Wood

MEMORANDUM

SCIRICA, District Judge.

Lewis duPont Smith has petitioned this court under 42 U.S.C. § 1983 seeking declaratory and injunctive relief against the application of the Pennsylvania guardianship laws, 20 Pa.Cons.Stat.Ann. § 5501(1) and (2) 1 (Purdon 1975). Specifically, Smith alleges that a ruling by Judge Lawrence Wood of the Court of Common Pleas of Chester County, declaring Smith incompetent to manage his estate, deprived him of his constitutional rights in violation of the First Amendment freedom of speech and association relating to his expression of political beliefs. This court…