Summer Danielle Lyons, individually and on behalf of E.R.L., a minor v. John E. Evans, Esq.

Summary

The United States District Court for the Middle District of Tennessee grants Summer Danielle Lyons leave to proceed in forma pauperis but dismisses her 42 U.S.C. § 1983 claims against John E. Evans, a guardian ad litem, because he was not acting under color of state law. The court declines supplemental jurisdiction over Lyons’s state-law claims for abuse of process and intentional infliction of emotional distress, dismissing those claims without prejudice. The court also denies the emergency motion for a temporary restraining order and preliminary injunction as moot.

Holdings

1. A guardian ad litem is not a state actor for purposes of § 1983 merely because the court appointed the guardian; the guardian represents the individual's best interests rather than the state's interests. Because Evans was not a state actor, Lyons's § 1983 claims failed and were dismissed with prejudice.
2. After dismissing all claims within the court's original jurisdiction, the court declined to exercise supplemental jurisdiction over the state-law claims under 28 U.S.C. § 1367(c)(3), dismissing those claims without prejudice to refiling in Tennessee state court.
3. The plaintiff qualified to proceed in forma pauperis because her financial circumstances showed that paying the full filing fee would cause undue hardship.

Questions Presented

1. Whether the complaint stated a claim under 42 U.S.C. § 1983 against a court-appointed guardian ad litem.
2. Whether the court should exercise supplemental jurisdiction over the state-law claims after dismissing all federal claims.
3. Whether the plaintiff qualified to proceed in forma pauperis.
4. Whether the emergency motion for a temporary restraining order and preliminary injunction remained viable after dismissal of the complaint.

Disposition

dismissed