Wells v. CITY OF MEMPHIS, 2:23-cv-02224

The case arises from the death of Tyre Nichols and the ensuing federal wrongful death and civil rights litigation, with his mother, RowVaughn Wells, appointed as administratrix of his estate.
Wells is suing both on behalf of Nichols’s estate (which includes claims for Nichols’s minor child) and in her individual capacity against DeWayne Smith and the City of Memphis for emotional distress and misrepresentation claims.
The City of Memphis filed a motion for appointment of a guardian ad litem to represent Nichols’s minor child, citing potential conflict of interest with Wells pursuing claims in both capacities.
Wells was initially appointed administratrix ad litem, later converted to a full administratrix, with the minor child's mother waiving the right to serve or litigate on the child's behalf.
The court’s decision focuses on whether Wells's dual roles create a conflict of interest, especially in potential settlement, justifying guardian ad litem appointment.
Settlement negotiations are ongoing or anticipated, increasing the relevance of safeguarding the minor's interests.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether appointing a guardian ad litem is necessary when Wells represents both herself and the minor child	No actual conflict; Wells duly appointed, authorized, diligent, not in bad faith	Dual representation in same suit risks conflict, esp. re: settlement allocation	Guardian ad litem necessary due to potential conflict
Whether appointment is premature without active settlement or assets	Premature; no current settlement in progress	Settlement discussions ongoing/possible, risk is now	Not premature—future negotiations warrant protection now
Whether court oversight at settlement suffices to protect minor	Court can review settlements after-the-fact for fairness	Guardian can prevent post-hoc disputes, protects minor throughout process	Early appointment prevents complications, serves minor's best interests
Whether expense/delay from guardian ad litem is justified	Appointment would cause unnecessary cost/delay	Cost is reasonable given potential conflict and large damages at stake	Cost/delay justified by nature of case and interests involved

None with official reporter citations included in this order (all are by WL or district court docket citation). The opinion does reference and rely heavily on local district court decisions and treatises, but does not provide reporter-cited authority.