Demings v. Allison
- Edward Davila
- 5:21-cv-00828
- U.S. District Court · Northern District of California
- 2
In Demings v. Allison, Judge Chen dismissed Dr. Tharratt because he died before filing, allowing a possible claim against his estate.
Kevin Demings’s claims against Dr. R. Steven Tharratt were dismissed because Tharratt died before the action was filed. The order leaves open a possible request to add Tharratt’s estate if Demings complies with California probate procedures.
What happened
In Demings v. Allison, the court addressed Dr. R. Steven Tharratt, whom Kevin Demings named as a defendant. The court took notice of records indicating that Tharratt died on August 20, 2020, before Demings filed this action.
Because a dead person cannot be named as a party in a federal lawsuit, the court concluded that Tharratt was not properly named as a defendant when the case began. The court did not decide the underlying claims.
The court dismissed Tharratt from the case. Judge Chen stated that Demings may pursue a claim against Tharratt’s estate by following the applicable California probate procedures and, if those requirements are met, may request permission to file an amended complaint adding the estate.
The detailed version
- Demings v. Allison · No. 5:21-cv-00828
- Edward Davila
- Feb. 8, 2022
Background
The court had ordered service on several defendants, including Dr. R. Steven Tharratt, through the California Department of Corrections and Rehabilitation’s electronic-service program for prisoner civil-rights cases. A service report stated that Tharratt did not waive personal service because he was deceased.
The court took judicial notice—a procedure allowing a court to accept certain public records without requiring formal proof—of a filing in another case and an obituary on the California Department of Corrections and Rehabilitation’s website. Those materials indicated that, to the Attorney General’s knowledge, Tharratt died on August 20, 2020. The court found that Tharratt’s death occurred before Demings filed this action on February 1, 2021.
Court’s Analysis
The court explained that a dead person cannot be made a party to a federal lawsuit in that person’s own right, unless the claim is pursued through a properly represented estate or successor. Because Tharratt was already deceased when the action began, the court concluded that he was not appropriately named as a defendant at the outset. The court stated that any claim must instead be made against his estate under California Probate Code section 9350 and related provisions.
Disposition
The court dismissed Dr. R. Steven Tharratt from the action. It stated that, if Demings wants to proceed against Tharratt’s estate, he must file a claim against the estate in accordance with California Probate Code sections 9350–9354. If Demings satisfies those requirements, he may request permission to file an amended complaint adding the estate as a defendant. The order did not resolve the merits of Demings’s underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.