Bratton v. Broomfield
- Beth Freeman
- 5:20-cv-03885
- U.S. District Court · Northern District of California
- 2
In Bratton v. Albritton, Judge Freeman ordered counsel to formally report Dr. Sandler’s death and serve the notice, while setting deadlines for substitution.
Ronald W. Bratton, Defendants’ counsel, the other parties, and any successors or representatives of Dr. Sandler’s estate. The order requires counsel to file and serve a formal death notice and sets a deadline for Bratton to seek substitution after receiving notice of a successor or representative.
What happened
In Bratton v. Albritton, Ronald W. Bratton, a state inmate representing himself, sued personnel at San Quentin State Prison in a civil-rights case under federal law. The court had previously found that his complaint stated claims that could proceed.
The court learned through a prison-department filing that Defendant Dr. Sandler, a clinical psychologist, had died. The other named defendants had been served, and a lawyer had appeared for them.
The court ordered defense counsel to file a formal notice of Dr. Sandler’s death within 28 days and serve it on the other parties and on the nonparty successors or representatives of Sandler’s estate. After a successor or representative is identified, Bratton must request substitution within 28 days after receiving that notice. Judge Beth Freeman did not decide the underlying civil-rights claims.
The detailed version
- Bratton v. Broomfield · No. 5:20-cv-03885
- Beth Freeman
- Nov. 8, 2022
Background
Ronald W. Bratton, a state inmate proceeding without a lawyer, filed a civil-rights action under 42 U.S.C. § 1983 against personnel at San Quentin State Prison. The court had previously concluded that, when read broadly, his complaint stated legally cognizable claims and ordered service on Defendants S. R. Albritton, Dr. S. Garrigan, Dr. Sandler, A. Maxfield, and N. Smith.
A filing by the CDC reported that Dr. Sandler, identified as a clinical psychologist, was deceased. The other defendants had been served, and counsel had appeared for them. The court determined that the CDC’s filing did not formally notify the court and the parties of Sandler’s death in the manner required by Federal Rule of Civil Procedure 25.
Rule 25 requirements
Rule 25 allows a party or a deceased party’s successor or representative to seek substitution. The 90-day period for seeking substitution begins only after a formal statement noting the death is filed on the record and served on the other parties and on any nonparty successors or representatives. If a properly served statement is not followed by a motion for substitution within 90 days, the action involving the deceased party must be dismissed.
A suggestion of death may be served on a party through that party’s attorney. Nonparty successors or representatives must be served under the rules governing service of a summons.
Order
The court directed Defendants’ counsel to file a formal suggestion of death for Defendant Sandler no later than 28 days after the order was filed. Counsel must serve the suggestion on the other parties and on the nonparty successors or representatives of Sandler’s estate and must file proof of service with it.
After a successor or representative of Sandler’s estate is located, Bratton must move for substitution no later than 28 days after receiving notice of that successor or representative. The order addressed the procedure following Sandler’s reported death; it did not decide the merits of Bratton’s civil-rights claims. Judge Beth Freeman issued the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.