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Vigil v. Wilkens
1:24-cv-00522
D.N.M.
Mar 11, 2025
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Background

  • 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)
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Case Details

Case Name: Vigil v. Wilkens
Court Name: District Court, D. New Mexico
Date Published: Mar 11, 2025
Docket Number: 1:24-cv-00522
Court Abbreviation: D.N.M.