Dist. Ct. erred in denying defendants-correctional officers' motion to dismiss as untimely plaintiff-prisoner’s section 1983 action under circumstances, where plaintiff timely filed original complaint that named each defendant as “John Doe” as nominal placeholder, but filed amended complaint with actual named defendants outside applicable two-year limitations period. While Dist. Ct. found that suing “John Doe” defendants constituted “mistake” under Rule 15(c)(1)(C)(ii) that allowed plaintiff to relate his amended complaint back to date of original complaint, Ct. of Appeals found that naming “John Doe” defendants was not mistake under Rule 15(c)(1)(C)(ii), where plaintiff simply lacked knowledge of proper names of instant defendants. Moreover, Ct. of Appeals further noted that naming defendants as “John Doe” was not based on error, misconception, misunderstanding or erroneous belief, but rather was conscious choice by plaintiff. Also, Ct. of Appeals remanded matter back to Dist. Ct. for consideration of plaintiff’s equitable tolling claim.
Federal 7th Circuit Court
Civil Court
Prisoners