· 4/8/1980
James Wood, Cross v. Allen Worachek, Cross
Citations
- 618 F.2d 1225
- 29 Fed. R. Serv. 2d 576
- 1980 U.S. App. LEXIS 18862
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “[i]t [is] not the obligation of jailers to determine whether or not probable cause exist[s] for [an] arrest”
- stating that Rule 15(c) \does not permit relation back where ... there is a lack of knowledge of the proper party\.
- stating that Rule 15(c) “does not permit relation back where … there is a lack of knowledge of the proper party”
- \The untimely amendment would not 'relate back' to the date of his original complaint because Flournoy made no mistake; he simply lacked knowledge of the proper defendants.\
- “A plaintiff may usually amend his complaint under Rule 15(c) . . . to correct a misnomer of [the] plaintiff where the proper party plaintiff is in court; or to change the capacity in which the plaintiff sues; or to substitute or add as plaintiff the real party interest[.]”
- “A plaintiff may usually amend his complaint under Rule 15(c) . . . to correct a misnomer of [the] plaintiff where the proper party plaintiff is in court; or to change the capacity in which the plaintiff sues; or to substitute or add as plaintiff the real party interest[.]”
Source: CourtListener parenthetical corpus (CC0).
Judges: Pell, Bauer, Hoffman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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