Bianca Sarpehfio v. Hershey Entertainment and Resorts Company, et al.

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA BIANCA SARPEHFIO, CIVIL NO. 1:26-cv-00444

Plaintiff, (LATELLA, M.J.) v.

HERSHEY ENTERTAINMENT AND RESORTS COMPANY, et al.,

Defendants.

MEMORANDUM In this action brought pursuant to 42 U.S.C. § 1983, Bianca Sarpehfio filed a Complaint (Doc. 1) as “parent and next friend” of her son, T.B., a minor. Plaintiff also filed a “Motion for Appointment of Pro Bono Counsel.” (Doc. 3). It is well-established in this Circuit that a parent or legal guardian may not litigate on behalf of a child. , 937 F.2d 876, 882–83 (3d Cir. 1991) (holding that parent and guardian could not litigate on behalf of his children); , 161 F.3d 225, 231 (3d Cir. 1998) (“It is ... well-established in this Circuit that the right to proceed pro se in federal court does not give non-lawyer parents the right to represent their

children in proceedings before a federal court.”). “It goes without saying that it is not in the interest of minors or incompetents that they be represented by non-attorneys. Where they have claims that require

adjudication, they are entitled to trained legal assistance so their rights may be fully protected.” , 937 F.2d at 883. Additionally, we are mindful of our duty to “ensure that

incompetent persons are properly represented.” , 1 F.4th 145, 148 (3d Cir. 2021); at 149 (“A district court must invoke Rule 17 sua sponte ....”). T.B.’s

mother is incapable of adequately representing his interests. Thus, we find it appropriate to seek to appoint pro bono counsel to represent T.B. in this litigation. Fed. R. Civ. P. 17(c)(2) (“The court must appoint

a guardian ad litem— —to protect a minor ... who is unrepresented in an action.”) (emphasis added); , 680 F.3d 301, 310 (3d Cir. 2012) (“If he is determined to be

incompetent and remains unrepresented, Rule 17(c) requires that a guardian be appointed ”) (emphasis added); , 761 F.3d 495, 508 (5th Cir. 2014) (“Rule 17(c)(2) requires a court to appoint counsel for an unrepresented minor in the

proceedings ....”); , Civil Action Nos. 10-5506 (JAP), 2012 WL 4105088, at *14 (D.N.J. Sept. 14, 2012) (“While [Rule 17(c)(2)] expressly authorizes appointment of a guardian , the Rule's

reference to ‘other appropriate orders’ allows the courts to resort to other measures, including appointments of conservators,[] [,] and counsel.”) (footnotes omitted). The plaintiff is cautioned, however,

that if the court is unable to find counsel to represent T.B., the child's claims may be subject to dismissal without prejudice. Accordingly, the court shall grant Plaintiff’s Motion (Doc. 3) and

conditionally appoint counsel to represent the unrepresented minor, T.B. The clerk will be ordered to forward a copy of this memorandum and the accompanying order to the chairman of the Middle District of

Pennsylvania Chapter of the Federal Bar Association for the purpose of obtaining counsel to represent the minor-claimant, T.B. All filing obligations will be stayed for ninety days while the

chairman attempts to find volunteer counsel to represent the minor- claimant, T.B. An appropriate order follows.

Date: April 9, 2026 /s/ Leo A. Latella Leo A. Latella United States Magistrate Judge