Judge William Skretny
As “son and next best friend” Bak claimed his aged mother Josephine (JB) was subjected to an unconstitutional seizure, and deprived of her liberty without due process, when she was taken from their home and placed in a nursing home. Granting motions by Niagara County, Niagara Rehabilitation and Nursing Center, and JB’s temporary guardian, the court dismissed suit. The gravamen of Bak’s complaint was that JB was placed in a nursing home against her wishes. Thus any alleged injury was specific to JB, and Bak lacked standing. Bak did not assert that permanent guardian Caserta violated JB’s constitutional rights. Reading Bak’s complaint liberally, the court found Bak alleged that JB was denied due process in the state court guardianship proceeding that concluded with Caserta’s appointment. However, Caserta was not alleged to have engaged in any actionable conduct in connection with that proceeding. The court was not convinced that Caserta’s interests conflict with JB’s or that he cannot protect her person and property. Nor was it convinced that Bak was motivated by a sincere desire to seek justice for JB. Thus the court denied Bak leave to proceed as her “next best friend” under Federal Rule of Civil Procedure 17(c).
