Malone v. Nielson, No. 05-4112 (7th Cir. Jan. 22, 2007)
The U.S. Court of Appeals for the Seven Circuit has ruled that nonlawyer parents acting as administrators of their deceased child’s estate may not proceed pro se, i.e., without legal counsel, in federal court to pursue the estate’s Section 1983 or Individuals with Disabilities Education Act (IDEA) claims. Section 1983 allows a plaintiff to sue a public official who, acting under color of state law, violates rights secured by the federal constitution or statutes. Until his graduation from high school, Lance Malone attended Bloomington Public Schools District No. 87 (BPSD) in Bloomington, Illinois. At the time of Lance’s death, his parents had a pending administrative claim against BPSD seeking reimbursement for services under IDEA. They dropped the administrative action and instead brought suit in federal court on behalf of Lance’s estate, seeking reimbursement for expenses Lance incurred for psychological counseling, for "medical services," and for transportation to and from his psychological and medical appointments, as well as recovery of attorneys’ fees and costs. They also claimed that Lance was entitled under § 1983 to "compensatory damages," damages for "emotional distress," punitive damages, and more attorneys’ fees and costs. The district court dismissed the IDEA claim on the ground that IDEA does not provide for money damages and dismissed the § 1983 claim on the ground that, "a plaintiff cannot ‘achieve any relief under Section 1983, based solely on an underlying violation of the IDEA.’"
The Seventh Circuit declined to address the merits of the IDEA or § 1983 claims, ruling instead that as nonlawyer administrators of their son’s estate, of which they were not the sole beneficiaries, the parents could not proceed pro se representing the estate in federal court. Administrators act not on their own behalf but on behalf of all beneficiaries, the court noted, so "if the administrator is not the sole beneficiary of the estate, then he or she may not represent the estate in court." Because Lance died without a will, under Illinois law his estate must be distributed in equal parts to parents and siblings. As a result, the parents could not represent the interests of Lance’s four brothers and sisters pro se on any claim in which the estate is the real party in interest. Both the IDEA and § 1983 claims were such claims, the court concluded. Regarding the IDEA claim, the parents’ complaint itself alleged that Lance had been the one who had incurred the expenses for special education related services. As for the § 1983 claim, whether "the claim survives the tort victim’s death ... follows state law. In Illinois, personal injury suits survive the plaintiff’s death and inure to the benefit of the plaintiff’s estate." The court therefore barred the parents from proceeding pro se on the claims but granted them 60 days to secure legal counsel.
Malone v. Nielson, No. 05-4112 (7th Cir. Jan. 22, 2007)
[Full opinion]