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FERRELLI v. RIVER MANOR HEALTH CARE CENTER

Docket No. 00-9515.

323 F.3d 196 (2003)

Isabella FERRELLI, Plaintiff-Appellant v. RIVER MANOR HEALTH CARE CENTER, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 21, 2003.

Attorney(s) appearing for the Case

Jonathan H. Romberg (Janet M. Zicarelli and Peter Choy, law students, argued and on the brief) Center for Social Justice, Seton Hall University School of Law, Newark, N.J., for Plaintiff-Appellant.

Carmelo Grimaldi, Kaufman, Schneider & Bianco, LLP, Jericho, N.Y., for Defendant-Appellee.

Before: WALKER, Chief Judge, MINER and CABRANES, Circuit Judges.

JOHN M. WALKER, JR., Chief Judge.

This case raises the question of when a court is required to inquire into the mental capacity of a pro se litigant to determine whether, pursuant to Federal Rule of Civil Procedure ("Rule") 17(c), the court should appoint a guardian ad litem or take other measures to protect the litigant's interests.1 Pro se plaintiff-appellant Isabella Ferrelli sued defendant-appellee River Manor Health Care Center (...

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