Relyea v. Heustis
- Judith McCarthy
- 7:22-cv-03126
- U.S. District Court · Southern District of New York
- 2
In Relyea v. Huestis, Judge McCarthy granted Robert Relya’s substitution for deceased Brendan Relya as plaintiff.
Robert Relya, as administrator of Brendan Relya’s estate, became the plaintiff; James Huestis remains the defendant.
What happened
In Relyea v. Huestis, Brendan Relya died while the case was pending. His father, Robert Relya, was appointed administrator of Brendan’s estate and asked to replace Brendan as the plaintiff.
The request was made under Federal Rule of Civil Procedure 25(a), which allows a court to substitute a proper party when a litigant dies and the claim continues. The defendant’s lawyer consented to the request. The opinion states that Brendan’s civil-rights claim under Section 1983 survives his death and that Robert, as administrator, is a proper party.
Judge Judith C. McCarthy granted the application, substituted Robert Relya as plaintiff, and directed the Clerk to amend the case caption as shown in the proposed amended caption.
The detailed version
- Relyea v. Heustis · No. 7:22-cv-03126
- Judith McCarthy
- Oct. 6, 2023
Background
Brendan Relya was the plaintiff in this Section 1983 civil-rights case against James Huestis. The opinion states that Brendan died on August 2, 2023. Brendan’s father, Robert Relya, was appointed administrator of Brendan’s estate and retained Brendan’s lawyers to represent him in that capacity.
Motion and Analysis
Robert Relya moved under Rule 25(a) of the Federal Rules of Civil Procedure for substitution as the proper plaintiff. Rule 25(a) permits substitution when a party dies, the claim is not extinguished, and the successor or representative is a proper party. The defendant’s counsel consented to the motion.
The court stated that the Section 1983 claim asserted by Brendan survives his death. It also concluded that Robert Relya, acting as administrator, is a proper party for substitution.
Disposition
Judge McCarthy granted the application. The order substituted Robert Relya as plaintiff and directed the Clerk to amend the caption as reflected in the proposed amended caption.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.