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Mistake in Naming Correct Parties Justifies Relation Back Amendment
Amendments adding parties relate back to the filing of the original complaint only where there has been a mistake concerning the correct party, not where that party's identity was unknown. The court notes that "mistake" can include a legal mistake about who can be sued, such as naming the municipality rather than individual defendants. See: Baskin v. City of Des Plaines, 138 F.3d 701 (7th Cir. 1998).
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Related legal case
Baskin v. City of Des Plaines
| Year | 1998 |
|---|---|
| Cite | 138 F.3d 701 (7th Cir. 1998) |
| Level | Court of Appeals |
| Injunction Status | N/A |