Plaintiff filed a lawsuit against his employer alleging that the employer retaliated against him in violation of the first amendment. Plaintiff alleged that he was passed over for a promotion because he criticized the sheriff while running against him in the county sheriff election. The district court granted the defendant’s motion to dismiss on the grounds that plaintiff did not file his claim within the statue of limitations. Plaintiff then requested that the district court set aside its judgment and allow him to amend his complaint. The district court denied leave to amend and plaintiff appealed. The Seventh Circuit reversed, finding that the district court mistakenly applied a heightened standard to plaintiff’s FRCP 59(e) motion to amend and that the district court erred when it denied plaintiff’s request for leave to amend. (BRENNAN and KOLAR, concurring)
Federal 7th Circuit Court
Civil Court
Civil Procedure