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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
Filed under: Injury -- Misc., Guard Brutality/Beatings, Civil Procedure, Complaints, Parties, Limitations, Discovery. Location: Colorado.
by Matthew T. Clarke

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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