Monday, August 07, 2006

D. Del. Holds that Inmate May Not Bring Pro Se Class Action Suit

Per Jordan v. Delaware, 433 F.Supp.2d 433 (D. Del. June 9, 2006):

Jordan appears to be asserting the claims in his [ยง 1983] complaint on behalf of himself and all other DOC inmates who are infected with HCV [Hepatitis C Virus]. [Citation omitted] ("Donald Jordan, individually and on behalf of all persons similarly situated"). However, "courts have consistently held that a prisoner acting pro se is inadequate to represent the interests of his fellow inmates in a class action." Brathwaite v. Taylor, No. 00-435-GMS, 2001 WL 1117134, at *2 n. 3 (D.Del. Sept.13, 2001) (citing Maldonado v. Terhune, 28 F.Supp.2d 284, 289 (D.N.J.1998); Caputo v. Fauver, 800 F.Supp. 168, 170 (D.N.J.1992)). That is certainly true here, as the case involves this particular inmate's particular medical history involving a particular ailment. Therefore, Jordan cannot bring a class action suit, and to the extent that he attempts to assert claims on behalf of anyone but himself, his claims must be dismissed.


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