Shiflett v. City of San Leandro

Background

Sorrell Shiflett sued the City of San Leandro and police officers Anthony Pantoja and Ismael Navarro. The complaint alleges that, during a 2019 consensual stop, Shiflett ran after the officers began speaking with him, and the officers pursued him, struck him with a baton, and used a Taser. The opinion says he suffered brain bleeding leading to strokes and a dislocated shoulder. His claims include excessive force and unlawful seizure under the Fourth Amendment, as well as failure to reasonably accommodate his disability under Title II of the Americans with Disabilities Act.

Shiflett moved under Federal Rule of Civil Procedure 17(c) for appointment of his mother and caregiver, Kelley Davenport, as his guardian ad litem. A guardian ad litem is a person appointed to protect and litigate for someone who cannot adequately protect their own interests in a lawsuit. Shiflett relied on a neuropsychologist’s report and letter. The neuropsychologist diagnosed major neurocognitive disorder, personality changes, and post-traumatic stress disorder, and stated that Shiflett required twenty-four-hour care and lacked the capacity to be deposed or stand trial.

The parties’ positions

Shiflett argued that he was incompetent because he could not assist his lawyers in preparing the case. Davenport stated that she had no interest adverse to Shiflett. The defendants argued that more information was needed to determine whether Shiflett was incompetent. They pointed to the delay in seeking a guardian ad litem and what they described as limited medical records, and they requested an evidentiary hearing and/or an independent medical examination.

Analysis and ruling

The court applied a preponderance-of-the-evidence standard, meaning that the evidence had to show that incompetence was more likely than not. Under the standard described in the opinion, a person is incompetent if he lacks the capacity to understand the nature or consequences of the proceeding or cannot assist counsel in preparing the case.

The court exercised its discretion to decide the motion on the existing record rather than hold an additional hearing. It found that the neuropsychologist’s report and letter showed, by a preponderance of the evidence, that Shiflett was at least unable to assist counsel in preparing the case. The court therefore found him incompetent for purposes of the lawsuit.

The court also found Davenport suitable. She was not a party, was Shiflett’s biological mother, was able to represent him, and was not shown to have a conflict of interest. The court granted the motion and appointed Kelley Davenport as Shiflett’s guardian ad litem.

The court did not decide the defendants’ proposed deposition or medical examination as part of this motion. It stated that the parties could address that discovery in the ordinary course and raise any discovery dispute under the court’s standing-order procedures. The order resolved the motion for appointment of a guardian ad litem.