In section 1983 action by plaintiff-prisoner, alleging that defendants-police officials violated his 4th Amendment rights by providing false information to obtain search warrant and by executing warrant in unreasonable manner, Dist. Ct. erred in dismissing certain defendants, who had been misidentified or identified through code in original complaint, where Dist. Ct. held improper belief that it was too late for plaintiff to attempt to substitute properly identified defendants. While plaintiff must complete substitution prior to expiration of stature of limitations, said period was tolled by time spent by Dist. Ct. screening plaintiff’s complaint under section 1915A. Moreover, Dist. Ct. improperly attributed said time to plaintiff. Also, remand was necessary for determination under Rule 15(c)(1)(C) as to whether newly identified defendants knew or should have known that they would have been party to plaintiff’s lawsuit but for mistake in filing original complaint.
Federal 7th Circuit Court
Civil Court
Substitution of Parties