Vigil v. Wilkens
1:24-cv-00522
D.N.M.Mar 11, 2025Background
- Four inmates (Alejandro Vigil, Victor Montano, Jr., Isaiah Ulibarri, and Manuel Trujillo) jointly filed a prisoner civil rights complaint under 42 U.S.C. § 1983 challenging prison conditions and/or the classification system.
- The filings sought to bring class action claims and were submitted pro se (without attorneys).
- Some documents were inconsistently signed by all or only some plaintiffs, complicating the record.
- At least one plaintiff (Vigil) ended communications with the court, adding to coordination difficulties.
- No initial filing fees were paid, pending determination on whether a class action could proceed.
- The court had to determine whether multiple inmates could permissibly join and prosecute the case together.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Permissive joinder of pro se inmates | Plaintiffs should be allowed to join via Rule 20 for similar claims | Impractical, violates policy | Joinder is impractical and disallowed |
| Pro se plaintiffs acting as class reps | Plaintiffs sought class treatment | Not permitted under law | Pro se litigants cannot represent a class |
| Handling misjoined cases | Collective filing maximizes efficiency for inmates | Multiple filers problematic | Each plaintiff must file an individual suit |
| In forma pauperis status | Plaintiffs seek to proceed without payment of fees | Fees deferred pending decision | Motions denied without prejudice |
Key Cases Cited
- Hefley v. Textron, Inc., 713 F.2d 1487 (10th Cir. 1983) (permits joinder but leaves it to court discretion)
- McGoldrick v. Werholtz, [citation="185 Fed. App'x 741"] (10th Cir. 2006) (class representatives may not appear pro se)
