Bennett v. Prop. 47 Public Defenders Deaprtment
- Beth Freeman
- 5:19-cv-08166
- U.S. District Court · Northern District of California
- 3
In Bennett v. Prop. 47 Public Defender, Judge Freeman partly granted reconsideration, arranged limited counsel, stayed proceedings, and denied other requests.
David Bennett and the further proceedings in his civil-rights action; the order also involved the Federal Pro Se Program and the proposed limited appointment of counsel.
What happened
In Bennett v. Prop. 47 Public Defender, David Bennett, a California inmate representing himself, sought money damages for allegedly unlawful confinement. The court had dismissed his complaint with permission to amend after asking him to show that his conviction had been invalidated, then later reopened the case after reconsideration.
Bennett asked the court to reconsider its refusal to appoint counsel and grant an injunction, and requested more time to amend his complaint. He submitted a state-court order stating that he had been found incompetent to stand trial and was to receive competency treatment. He also said he had tested positive for COVID-19 and sought an injunction against Butte County Jail.
Judge Beth Labson Freeman granted reconsideration in part by referring the matter to the Federal Pro Se Program to locate counsel for the limited issue of whether a conservator or guardian ad litem should be appointed. The court stayed all proceedings, denied the request for more time as moot, and denied reconsideration of the requested injunction because those conditions-of-confinement claims were unrelated to this case.
The detailed version
- Bennett v. Prop. 47 Public Defenders Deaprtment · No. 5:19-cv-08166
- Beth Freeman
- Oct. 7, 2020
Background
David Bennett, a California inmate proceeding without a lawyer, brought a civil-rights action under 42 U.S.C. § 1983 seeking money damages for allegedly unlawful confinement. The court initially dismissed his complaint with permission to amend, directing him to provide proof that a conviction had been invalidated so that his damages claim would not be barred by the rule discussed in Heck v. Humphrey. After Bennett did not file an amended complaint on time, the court dismissed the action. The court later reconsidered that dismissal and reopened the case.
In the same earlier order, the court denied Bennett’s requests for an injunction against Butte County Jail and for appointment of counsel or a guardian ad litem. A guardian ad litem is a person appointed to protect the interests of a party who cannot adequately represent himself. Bennett then moved for reconsideration, asked for more time to amend his complaint, and submitted a July 20, 2020 order from the Superior Court of Butte County stating that he had been found incompetent to stand trial and was to be committed to the Department of State Hospitals or an alternative jail-based competency-treatment program.
Court’s analysis
The court concluded that the state-court document raised a substantial question about Bennett’s mental competence. That question triggered the court’s duty to inquire under Federal Rule of Civil Procedure 17(c), which addresses representation of a person who may lack the capacity to litigate.
The court referred the matter to Kevin Knestrick of the Federal Pro Se Program to locate counsel for the limited purpose of representing Bennett in proceedings about whether a conservator or guardian ad litem should be appointed. If an attorney were located, that attorney would be appointed for that limited purpose unless the attorney volunteered otherwise. After deciding whether such a representative should be appointed, the court said it would decide whether to refer the action to the Federal Pro Se Program to find counsel for the remainder of the case.
The court rejected reconsideration of the requested injunction against Butte County Jail. Although Bennett asserted that he had tested positive for COVID-19 and that his life was in danger, the court reiterated that he was attempting to bring new claims against new defendants that were unrelated to the claim in this action. The court stated that he had to file a separate action to challenge conditions at the jail.
Rulings
Judge Beth Labson Freeman ordered the limited referral for counsel and directed the Clerk to send the Federal Pro Se Program this order, the docket sheet, the operative complaint, and relevant court orders. The court stayed all proceedings until further notice. It denied Bennett’s request for an extension of time to file an amended complaint as moot, denied his motion for reconsideration of the denial of injunctive relief against Butte County Jail, and terminated Docket No. 15.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.