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Complaints Amended to Change John Doe Defendants' Names Don't Relate Back
Loaded on Sept. 15, 2004
published in Prison Legal News
September, 2004, page 34
by Matthew T. Clarke
Filed under:
Injury -- Misc.,
Guard Brutality/Beatings,
Civil Procedure,
Complaints,
Parties,
Limitations,
Discovery.
Location:
Colorado.
The Tenth Circuit court of appeals held that an amended complaint filed to change the names of John Doe defendants did not related back to the original complaint for statute of limitations purposes. The court also refused to apply equitable tolling.
Jonathan Garrett, a federal prisoner ...
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