ASHLEY HUMPHREY, individually and as next friend of J.H., a minor v. MAURY COUNTY BOARD OF EDUCATION, et al.

Summary

The court grants Plaintiff Ashley Humphrey’s application to proceed in forma pauperis and conducts an initial review of her claims concerning alleged disability-based harassment, failure to accommodate, equal protection violations, and retaliation involving her minor son’s public education. The court directs that the complaint be sealed because it disclosed the minor’s full name and requires an amended complaint complying with Federal Rule of Civil Procedure 5.2. The court also explains that a pro se parent may not litigate the minor’s Rehabilitation Act, ADA, constitutional, or related state-law claims without counsel, and denies the emergency motion for a temporary restraining order without prejudice.

Holdings

1. A complaint that repeatedly identifies a minor by the minor's full name does not comply with Federal Rule of Civil Procedure 5.2(a)(3); the complaint may be sealed and the plaintiff required to file a redacted or amended complaint using the minor's initials.
2. A nonlawyer parent proceeding pro se may not plead or conduct litigation asserting the parent's minor child's personal claims under the Rehabilitation Act, Title II of the ADA, or the Equal Protection Clause; if such claims are reasserted without counsel, they are subject to dismissal without prejudice.
3. The emergency motion for a temporary restraining order and preliminary injunction was denied without prejudice because the case was awaiting amendment of the opening pleading and the filing did not comply with the applicable local requirements for a TRO motion.
4. Plaintiff qualified to proceed in forma pauperis because the record showed she could not pay the filing fee in advance without undue hardship.

Questions Presented

1. Whether the complaint complied with Federal Rule of Civil Procedure 5.2(a)(3)'s requirement to protect the identity of a minor.
2. Whether a nonlawyer parent proceeding pro se may assert her minor child's personal claims under the Rehabilitation Act, Title II of the ADA, and the Equal Protection Clause.
3. Whether the embedded emergency motion for a temporary restraining order should be granted while the complaint required sealing and amendment.
4. Whether Plaintiff qualified to proceed in forma pauperis.

Disposition

other