Yaqub
Yaqub v. Paynter.
Opinion
Trial Court Opinion
I. BACKGROUND
22 On October 17, 2023, Plaintiff, proceeding through counsel, filed the complaint 23 commencing this action pursuant to 42 U.S.C. § 1983. (ECF No. 1). The complaint alleged 24 violations of Plaintiff’s constitutional rights under the Fourth and Fourteenth Amendments by 25 City of Merced police officers Paynter and Gaona-Santillan. (Id.). The same day the complaint 26 was filed, Plaintiff’s sister, Sadia Yaqub, filed an ex parte application to be appointed Plaintiff’s 27 guardian ad litem based on Plaintiff’s mental incompetency. (ECF No. 2). The Court granted the 28 motion on October 24, 2023, and the case proceeded with Plaintiff acting by and through Ms. Yaqub as his guardian ad litem. (ECF No. 7). On March 19, 2024, the parties participated in a settlement conference before the undersigned and reached a settlement. (ECF No. 28). On July 27, 2023, Plaintiff, by and through his guardian ad litem, filed a motion for approval of settlement. (ECF No. 34). The motion 5 included a statement by Plaintiff’s counsel, Che L. Hashim, that Plaintiff desired to make his own 6 decisions about the disbursement of settlement funds, and, “Counsel cannot state…