Vines v. Allison
- Edward Davila
- 5:21-cv-00827
- U.S. District Court · Northern District of California
- 2
In Vines v. Allison, Judge Chen dismissed Dr. Tharratt because he died before the lawsuit began, allowing a possible claim against his estate.
The ruling directly affects Paris Donte Vines and Dr. R. Steven Tharratt’s estate. Dr. Tharratt was dismissed as a defendant because he died before the lawsuit was filed; the order describes a possible process for adding his estate instead.
What happened
In Vines v. Allison, the court had ordered service on Dr. R. Steven Tharratt through California’s prisoner civil-rights electronic-service program. The state reported that he was deceased and therefore had not waived personal service.
The court found that Dr. Tharratt died before this lawsuit was filed. Because a deceased person cannot be named as a defendant in a federal lawsuit in his own right, the court said any claim must instead be made against his estate under California law.
The court dismissed Dr. Tharratt from the case. It said Paris Donte Vines may ask to add Dr. Tharratt’s estate later if he first meets the requirements of California’s probate law. Judge Edward M. Chen signed the order.
The detailed version
- Vines v. Allison · No. 5:21-cv-00827
- Edward Davila
- Feb. 8, 2022
Background
The court had ordered service on several defendants, including Dr. R. Steven Tharratt, on October 5, 2021, through the California Department of Corrections and Rehabilitation’s electronic-service program for civil-rights cases brought by prisoners in its custody. A state report said Dr. Tharratt did not waive personal service because he was deceased.
The court took judicial notice—meaning it accepted certain public records without requiring them to be proved at trial—of a filing in another case that included Dr. Tharratt’s obituary. The court stated that, to the Attorney General’s knowledge, Dr. Tharratt died on August 20, 2020. The court also stated that this death preceded the filing of Vines’s action on February 3, 2021.
Court’s Analysis
The court relied on the rule that a dead person cannot be made a party to a federal lawsuit in that person’s own right, including as a defendant. It concluded that Dr. Tharratt was not properly named as a defendant when the case began. The court stated that any claim must instead be brought against Dr. Tharratt’s estate under California Probate Code sections 9350 and following.
Ruling
The court dismissed Dr. R. Steven Tharratt from the action. It stated that, if Paris Donte Vines wants to proceed against the Estate of Dr. R. Steven Tharratt, he must file a claim against the estate under California Probate Code sections 9350–9354. If he satisfies those requirements, he may request permission to file an amended complaint adding the estate as a defendant. Judge Edward M. Chen signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.