United States Third Circuit

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Powell v. Symons, 10-2157

In consolidated cases in which prisoners, proceeding pro se, sought damages from prison officials: 1) with respect to one plaintiff, a psychiatric report was so thorough as to his incapacity for purposes of a criminal case against him and the criminal court's finding of incapacity so amply supported in the record that it was an abuse of discretion not to enter an order pursuant to Rule 17 of the Federal Rules of Civil Procedure appointing an appropriate representative; and 2) with respect to the plaintiff in the other case, the district court abused its discretion in failing to at least consider the possible application of Rule 17, where there was evidence of incompetency from a mental health professional, although it was not so strong as to conclude that the failure to appoint a representative was error.

Appellate Information

  • Decided 04/02/2012
  • Published 04/02/2012


  • Sloviter


  • United States Third Circuit


  • For Appellant:
  • Kathryn M. Kenyon

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