Jourden Griffin, individually and on behalf of her five minor children v. City...
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MAINE
JOURDEN GRIFFIN, ) individually and on behalf of her five ) minor children, ) ) Plaintiff ) ) v. ) 1:25-cv-00420-SDN ) ) CITY OF PRESQUE ISLE, et al., ) ) Defendants ) ORDER ON MOTION TO APPOINT GUARDIAN Citing Federal Rule of Civil Procedure 17(c)(2), Plaintiff Jourden Griffin asks the Court to appoint a guardian ad litem to represent the interests of her minor children in this action. (Motion to Appoint Guardian, ECF No. 11.) Rule 17(c)(2) provides: A minor or 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 appropriate order—to protect a minor or incompetent person who is unrepresented in an action.
Fed. R. Civ. P. 17(c)(2). The Rule does not require nor contemplate the appointment of a guardian ad litem where a minor’s parent asserts a claim on behalf of the minor. Because Plaintiff, “as a parent, qualifies as a general guardian who may sue on her [children’s] behalf,” there is no need for the appointment of a guardian ad litem. Leonforte v. Regional School Unit 19, No. 1:25-cv-00441-SDN, 2025 WL 3496551, at *1 (D. Me. Dec. 5, 2025) The Court, therefore, denies Plaintiff’s motion to appoint a guardian ad litem for her minor children.
NOTICE Any objections to this order shall be filed in accordance with Federal Rule of Civil Procedure 72.
/s/ John C. Nivison U.S. Magistrate Judge Dated this 14th day of January, 2026.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.