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Richards: the opposing party raised competency

A pro se attorney-plaintiff; the defendant university "suggested the District Court consider" her competency; the magistrate judge ordered a psychiatrist to address it and appointed a guardian, stripping her of control of her own case; the Third Circuit took…

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| 2005-US-3D-CIR-RICHARDS \[re-keyed 2006-US-VI-RICHARDS, Batch 20/A01: opinion filed 23 Jan 2006, appeal from the District Court of the Virgin Islands\] | US, 3d Cir. (non-precedential, 2005) | 1-reverse | COMPETENCY-EXAM (civil, Rule 17(c)); adversary-initiated | A pro se attorney-plaintiff; the defendant university "suggested the District Court consider" her competency; the magistrate judge ordered a psychiatrist to address it and appointed a guardian, stripping her of control of her own case; the Third Circuit took jurisdiction on the ground that denial of the right to proceed pro se "injures dignity" | JUDICIAL (interlocutory review granted) (Richards v. Duke University, 3d Cir. 05-1170) | VERIFIED (opinion); first row in the record where the opposing party in civil litigation initiated the psychiatric inquiry |