United States District Court, D. Maryland
VERONICA WALKER, Individually and As Personal Representative for the Estate of Jason Wallace, deceased, Plaintiffs
STATE OF MARYLAND, et al. Defendants
MEMORANDUM AND ORDER RE: INTERVENTION
J. Garbis United States District Judge.
Court has before it the Motion of Plaintiffs to Intervene
[ECF No. 24] and the materials submitted relating thereto.
The Court finds that a hearing is unnecessary.
September 3, 2013, Jason Wallace (“Jason”) was a
prisoner incarcerated at the Maryland Western Correctional
Institution located in Cumberland, Maryland. On that date,
Jason was killed by his cellmate, one Darnell Thompson.
September 12, 2016, Plaintiffs Veronica Walker, Individually
and as Personal Representative of the Estate of Jason Walker,
and Gilbert Walker, to the use of Jason's minor children,
K.W. and V.W. (collectively referred to as
“the Children”), filed the Complaint [ECF No.1].
In the Complaint, Plaintiffs alleged that the Defendants, the
State of Maryland and three individual defendants, should be
held liable for the death of Jason. The Complaint presents
(1) a survival action whereby the Estate asserts such claims
as Jason may have been able to assert had he survived and (2)
a wrongful death action whereby each Plaintiff asserts
his/her own claim for loss caused to them by virtue of the
death of Jason.
December 19, 2016, the Children filed the instant Motion,
seeking to intervene in this case as plaintiffs pursuant to
Rule 24 of the Federal Rules of Civil Procedure. In the
Motion, June Stephanie Woerner seeks to intervene as the
Children's next friend “to represent their claims
and legal interests, which are spelled out in the Complaint.
(ECF Nos. 1 & 3).” Mot. of Pl.'s to Intervene
[ECF No. 24] at 2.
Rule of Civil Procedure 24 allows for intervention of right
or permissive intervention.
Intervention of Right To intervene as a matter of right the
movant must demonstrate:
(1) The application to intervene was timely;
(2) An interest in the subject matter of the action;
(3) That the protection of this interest would be impaired
because of the action; and
(4) That the applicant's interest is not adequately
represented by existing ...