Huddleston v. Duckworth
Huddleston v. Duckworth
Opinion of the Court
MEMORANDUM AND ORDER
This case was filed pursuant to 42 U.S.C. § 1983 by an inmate at the Indiana State Prison against various Department of Correction officials, and is presently before the Court on defendants’ Motion to Dismiss. Plaintiff alleges, inter alia, violations of other inmates’ First, Fifth, Eighth, and Fourteenth Amendment rights; however, at no point in the pleadings does plaintiff allege any violations of his own constitutional rights.
On February 14, 1983, this Court notified plaintiff of his right to respond to defendants’ motion to dismiss pursuant to Lewis v. Faulkner, 689 F.2d 100 (7th Cir. 1982). Immediately thereafter, on February 16, 1983, plaintiff filed his response to defendants’ motion to dismiss.
Rule 23(a) of the Federal Rules of Civil Procedure states, in relevant part:
One or more members of a class may sue or be sued as representative parties on behalf of all only if ... (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.
In line with the above is the requirement that the litigant representing the class must be a member of the class he seeks to represent. Sosna v. Iowa, 419 U.S. 393, 95 S.Ct. 553, 42 L.Ed.2d 532 (1975); Hendrix v. Faulkner, 525 F.Supp. 435 (N.D.Ind. 1981). This is designed to ensure that the representative of the class will provide adequate representation. In re General Motors Corp. Engine Interchange Litigation, 594 F.2d 1106 (7th Cir.), cert. denied sub nom. General Motors Corp. v. Oswald, 444 U.S. 870, 100 S.Ct. 146, 62 L.Ed.2d 95 (1979); Jones v. Blinzinger, 536 F.Supp. 1181 (N.D.Ind. 1982). Thus, where the named plaintiff cannot demonstrate a legitimate claim, the representative lacks proper standing to bring any class allegations. Davis v. Ball Memorial Hospital Association, 640 F.2d 30 (7th Cir. 1980).
Viewed in toto, the holdings in the above cited cases are able to be boiled down to a single rule: one cannot be both class representative and counsel to the class, even where one possesses the skills and training of a lawyer. Where, as here, the class representative and “class counsel” are one and the same person, and that person lacks any formal training in the law whatsoever, the grave concerns underlying the bar to being both counsel and representative take on an added dimension.
This Court has taken great care to read the entire record compiled to date in this matter in the liberal light mandated by Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972). Nonetheless, the line of cases from Haines v. Kerner onward demonstrates not so much a desire on the part of the judiciary to avoid dismissing pro se prisoner actions for procedural errors, as a strong concern that prisoners’ rights be protected. Hence, the standards for determining whether to appoint counsel in a prisoner civil rights case. McKeever v. Israel, 689 F.2d 1315 (7th Cir. 1982); Caruth v. Pinkney, 683 F.2d 1044 (7th Cir. 1982); Maclin v. Freake, 650 F.2d 885 (7th Cir. 1981). See also, Merritt v. Faulkner, 697 F.2d 761 (7th Cir. 1983).
. Plaintiff has alleged, in his Motion for Court Order filed February 16, 1983, interference on the part of the defendants with plaintiffs attempts to represent the members of the “class.” However, even under the most liberal reading of Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972), the allegations contained therein do not constitute allegations similar to those which form the gravamen of plaintiffs complaint.
. It should be noted at this point that at no point in the record does it appear that plaintiff has requested this Court to appoint counsel. Indeed, taken as a whole, plaintiffs pleadings make clear his strong desire to act as lay advocate on behalf of the unnamed members of the “class.”
Reference
- Full Case Name
- Gene Herschel HUDDLESTON v. Jack DUCKWORTH, Ron Batchelor, Chuck Penfold, Ed Cohen, Robert Fuller, and Donny Forrester
- Cited By
- 10 cases
- Status
- Published