Kennard Davis v. James Walker, et al.

Summary

The magistrate judge recommends denying Kennard Davis’s motions to be reinstated to competency in two federal civil rights actions. The recommendation concludes that Davis’s refusal to participate in a court-ordered competency evaluation, together with the available mental-health evidence and litigation history, establishes by a preponderance of the evidence that Davis is not currently competent to represent herself. The court also orders the competency report and curriculum vitae filed under seal and limits Davis’s objections to a single filing of no more than 20 pages.

Holdings

1. A civil litigant is entitled to a competency determination when substantial evidence of incompetence is presented; the procedure is governed by federal law, while the substantive competency standard is derived from state law. Under California law, a party is incompetent if the party lacks capacity to understand the nature or consequences of the proceeding or cannot assist counsel in preparing the case.
2. Plaintiff had not established that she was currently competent to represent herself; based on a preponderance of the evidence, her motions to be reinstated to competency should be denied.

Questions Presented

1. Whether plaintiff had presented sufficient evidence to establish that she was currently competent to represent herself in the civil rights actions.
2. Whether plaintiff's refusal to cooperate with the court-ordered competency evaluation supported a finding that she lacked a rational understanding of the proceedings and could not proceed pro se.

Disposition

other