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Walker v. State

United States District Court, D. Maryland

June 22, 2017

VERONICA WALKER, Individually and As Personal Representative for the Estate of Jason Wallace, deceased, Plaintiffs
v.
STATE OF MARYLAND, et al. Defendants

          MEMORANDUM AND ORDER RE: INTERVENTION

          Marvin J. Garbis United States District Judge.

         The 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.

         I. BACKGROUND

         On 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.

         On 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.

         II. PROCEDURAL SETTING

         On 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.

         III. DISCUSSION

         Federal Rule of Civil Procedure 24 allows for intervention of right or permissive intervention.

         A. 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 ...

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