Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: sfRummygirl
What I am learning is that a lot of freepers think that their families don't care enough about them to do the right thing and want to depend on others to protect their best interests.

How very sad. They have my deepest sympathies.

391 posted on 09/24/2003 5:01:49 AM PDT by OldFriend (DEMS INHABIT A PARALLEL UNIVERSE)
[ Post Reply | Private Reply | To 362 | View Replies ]


To: OldFriend
from Lazzara's order [at terrisfight.org]:
Third, the Court will conduct a hearing on the Plaintiff's Motion for Preliminary Injunction on Friday, October 10, 2003, at 1:30 p.m., in Courtroom 15B, United States Courthouse, 801 North Florida Avenue, Tampa, Florida. At the hearing, the parties shall be prepared to address whether Robert and Mary Schindler have standing to claim a deprivation of their daughter's constitutional rights under 42 U.S.C. § 1983, see, e.g., Coon v. Ledbetter, 780 F. 2d 1158, 1160-61 (5th Cir. 1986)(and cases cited), and, if not, whether this Court should appoint a guardian ad litem or next friend to prosecute the claims of their daughter under Rules of Civil Procedure, in this case. See Gardner v. Parsons, 874 F. 2d 131 (3d Cir. 1989).
From another website

Gardner v. Parson, 874 F. 2d 131 (3d Cir. 1989).

More recently, in Gardner by Gardner v. Parson, 874 F.2d 131 (3d Cir. 1989), and Cok v. Cosentino, 876 F.2d 1 (1st Cir. 1989), the Courts of Appeals for the Third Circuit and the First Circuit agreed that a guardian ad litem has absolute quasi-judicial immunity for acts undertaken as guardian. In Gardner by Gardner v. Parson, supra, Patricia Levins was appointed the guardian ad litem of a retarded teenager. The grandmother later sued the guardian for § 1983 violations regarding the teenager's care. Again relying on Briscoe and Kurzawa, the court held that a guardian ad litem, as an officer of the court, was immune from civil rights liability:
We would agree that a guardian should be absolutely immune when acting as an "integral part [] of the judicial process." . . . Furthermore, Supreme Court precedent in analogous cases and reasoning of the soundly decided circuit cases, discussed above, counsel the adoption of a functional approach to determining whether a guardian ad litem is absolutely immune. Under this approach, a guardian ad litem would be absolutely immune in exercising functions such as testifying in court, prosecuting custody or neglect petitions, and making reports and recommendations to the court in which the guardian acts as an actual functionary or arm of the court, not only in status or denomination but in reality. This does not exhaust the list of functions which would be absolutely immune, and each function would have to be analyzed on a case-by-case basis.

393 posted on 09/24/2003 7:30:32 AM PDT by syriacus (Terri can feel --- and she'd like a meal.)
[ Post Reply | Private Reply | To 391 | View Replies ]

To: OldFriend
The scary part of all this is that the families get pushed aside by the hospices and doctors and courts. That's the point. Have you read any of the other stories that MarMema has put up? That might answer you.
And by the way, my family cares very much. That's why we are all outraged.
416 posted on 09/24/2003 9:40:27 AM PDT by sfRummygirl (SAVE TERRI SHINDLER SCHIAVO...ping kimmie7)
[ Post Reply | Private Reply | To 391 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson