SMALL v. REDMOND et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
GEORGE A. SMALL, 	)
)
Plaintiff, 	)
)
v. 	) 	No. 1:25-cv-00660-TWP-KMB
)
CHRISTIAN EDWARD REDMOND, 	)
NICHOLAS JAMES ORMES, 	)
STATE OF INDIANA, 	)
CELITA LYNN SCOTT, 	)
JENNIFER ANNE WEILER, 	)
)
Defendants. 	)
ORDER STAYING PROCEEDINGS PENDING RESTORATION OF COMPETENCY
It has come to the Courts attention that pro se Plaintiff George Small has been found
incompetent to stand trial by Marion Superior Court 7 in his pending state criminal cases and has
been committed to the Indiana Division of Mental Health and Addiction for restoration services at
Richmond State Hospital pursuant to Ind. Code § 35-36-3-1. See Indiana Cause No. 49D07-2405-
F5-014490, case summary available at mycase.in.gov (listing related misdemeanor cases and
noting determination of incompetency on December 13, 2024). The Court takes judicial notice that
an attorney conference is scheduled for March 24, 2026.
Federal Rule of Civil Procedure 17(c)(2) provides that "[t]he court must appoint a guardian
ad litem—or issue another appropriate order—to protect a minor or incompetent person who is
unrepresented in an action." The Seventh Circuit Court of Appeals has described legal competency
as a "threshold issue" that must be resolved before adjudicating other aspects of the lawsuit. See
Yoder v. Patla, 2000 WL 1225476, *2 (7th Cir. 2000) (addressing competency before venue issue)
(citing T.W. and M.S. by Enk v. Brophy, 124 F.3d 893, 898 (7th Cir. 1997)). Courts must assess a
Case 1:25-cv-00660-TWP-KMB Document 12 Filed 02/26/26 Page 1 of 3 PageID #:
<pageID>

litigant's competency when a party moves for the appointment of a guardian ad litem or when there
is verifiable evidence of incompetency. See U.S. v. 30.64 Acres of Land, More or Less, Situated in
Klickitat County, State of Wash., 795 F.2d 796, 805 (9th Cir. 1986) (report from the Social Security
Administration that defendant in a lawsuit was mentally disabled required the court to assess his
competency sua sponte); Yoder, 2000 WL 1225476, at *2 (motion claiming that an Illinois county
had declared the plaintiff legally disabled "should have apprised the district court of [his
condition]" and triggered competency proceedings).
In this case, the finding by Marion Superior Court 7 that Mr. Small is not competent to
stand trial in his state criminal cases puts this Court on notice that he may not be competent to
proceed in this lawsuit at this time. The Court will not interrupt Mr. Small's treatment at Richmond
State Hospital to conduct additional competency proceedings. Instead, the Court will assess Mr.
Small's competency to proceed in this lawsuit after he has completed his restoration services at
Richmond State Hospital. Until that time, the proceedings in this case are hereby STAYED.
Mr. Small may not file any additional motions in this lawsuit until after he completes
restoration services at Richmond State Hospital and the Court assesses his competency. Any
motions Mr. Small files before his competency is restored will be summarily denied without
prejudice. However, Mr. Small should file a Status Report upon his completion of restoration
services at Richmond State Hospital and a Notice of Change of Address upon his transfer back to
Marion County Jail.
The Court will also periodically monitor the online docket in Mr. Small's state criminal
cases to stay apprised of his location and condition.
SO ORDERED.
Date: February 26, 2026
Case 1:25-cv-00660-TWP-KMB Document 12 Filed 02/26/26 Page 2 of 3 PageID #:
<pageID>

Distribution:
GEORGE A. SMALL
498 NW 18th St.
Richmond, IN 47374
Case 1:25-cv-00660-TWP-KMB Document 12 Filed 02/26/26 Page 3 of 3 PageID #:
<pageID>