Cruzado v. Shawn John Combs
- Laura Swain
- 1:24-cv-08203
- U.S. District Court · Southern District of New York
- 3
In Anthony Nelson Cruzado v. Shawn John Combs, Judge Abrams granted motions to seek appointment of a guardian ad litem and deferred pro bono counsel.
Anthony Nelson Cruzado, whose ability to continue litigating depends on obtaining an appropriate representative; the Florida Developmental Disabilities Defendant Program and Agency for Persons with Disabilities, which were asked to respond about providing or recommending such a representative.
What happened
Anthony Nelson Cruzado sued Shawn John Combs and others. He is incarcerated, is representing himself, and says he cannot file an amended complaint because a Florida court found him intellectually disabled and mentally incompetent to proceed. An earlier order gave him time to amend after finding problems with subject-matter jurisdiction.
The court explained that an incompetent person generally cannot litigate alone. A guardian ad litem is a person appointed to protect and represent someone who cannot protect their own interests in a case. If that guardian is not a lawyer, the guardian must have a lawyer to conduct the litigation.
Judge Ronnie Abrams granted Cruzado’s motions to seek appointment of a guardian ad litem. The court asked Florida’s Developmental Disabilities Defendant Program and Agency for Persons with Disabilities to say whether they can provide a guardian, conservator, or similar fiduciary, or recommend another entity that can. Judge Abrams deferred consideration of Cruzado’s request for free legal counsel.
The detailed version
- Cruzado v. Shawn John Combs · No. 1:24-cv-08203
- Laura Swain
- Sept. 24, 2025
Background
Anthony Nelson Cruzado filed this action against Shawn John Combs and others. The opinion states that Cruzado is incarcerated, is proceeding without a lawyer, and has been allowed to proceed without paying the filing fee. He alleged that Combs sexually assaulted him at a party in September 2013.
In an earlier order, Chief Judge Swain held that Cruzado had not pleaded facts establishing diversity jurisdiction, which is a basis for federal jurisdiction when the parties are citizens of different states and the amount-in-controversy requirement is met. That order dismissed the action for lack of subject-matter jurisdiction and gave Cruzado 30 days to file an amended complaint.
Cruzado then moved for appointment of a guardian ad litem and for free legal counsel. He attached a Florida court order finding him intellectually disabled and mentally incompetent to proceed and committing him to Florida’s Developmental Disabilities Defendant Program of the Agency for Persons with Disabilities.
Court’s Analysis
The court explained that an incompetent person normally lacks the legal capacity to bring a lawsuit alone. Federal Rule of Civil Procedure 17(c) allows a minor or incompetent person to be represented by a guardian, committee, conservator, or similar fiduciary. If that representative is not a lawyer, the representative must be represented by a lawyer to conduct the litigation.
The court also explained that it may not decide the merits of claims filed for an incompetent person who is not properly represented. A guardian ad litem is a representative appointed to protect an incompetent person’s interests in a particular lawsuit. The court stated that, when an amended complaint could cure defective allegations about subject-matter jurisdiction, the court must appoint a guardian ad litem or issue another appropriate order and should not dismiss without giving counsel an opportunity to amend.
Because Cruzado had been given an opportunity to amend but asserted that he was incompetent and unable to amend without representation, and because he is outside the district, the court sought assistance in identifying a suitable guardian ad litem in Florida.
Ruling
Judge Ronnie Abrams granted Cruzado’s motions to seek appointment of a guardian ad litem for this litigation. The Clerk of Court was directed to mail the order to Florida’s Developmental Disabilities Defendant Program and the Agency for Persons with Disabilities. The court requested that those entities respond about whether they could provide a guardian ad litem, conservator, or similar fiduciary, or recommend one.
The court deferred consideration of Cruzado’s motion for free legal counsel. It stated that, if a guardian is identified and that person is not a lawyer, the court will then consider whether to request pro bono counsel. The opinion does not appoint a guardian or decide the underlying claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.