Legal Opinion

Kennard Davis v. James Walker

Court of Appeals for the Ninth Circuit

Decided March 24, 2014No. 12-15856, 12-15859PublishedCited by 88 opinions

1Opinion of the Court

OPINION

TALLMAN, Circuit Judge:

This appeal arises from two consolidated cases in which Kennard Lee Davis, a prisoner suffering from schizoaffective disorder and who is proceeding pro se, sought damages from California prison officials under 42 U.S.C. § 1983. Davis moved for appointment of a guardian ad litem pursuant to Rule 17(c)(2) of the Federal Rules of Civil Procedure, which provides that:

A minor or an incompetent person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The court must appoint a guardian ad litem — or issue another…

2Cases cited14 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  3. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  4. United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
  5. Lockyer v. Mirant Corp.Court of Appeals for the Ninth Circuit · 2005

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3Cited by88 opinions

  1. Jason Lee Harris v. J. Kenneth MangumCourt of Appeals for the Ninth Circuit · 2017
  2. AT&T Mobility, LLC v. YeagerDistrict Court, E.D. California · 2015
  3. Public Employees Retirement Ass'n of New Mexico v. Anthony Earley, Jr.Court of Appeals for the Ninth Circuit · 2024
  4. Villarreal v. Caremark LLCDistrict Court, D. Arizona · 2015
  5. Jerry Stanley v. Kevin ChappellCourt of Appeals for the Ninth Circuit · 2014

83 more not listed; retrieve them via the Exa API.

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