Henderson v. Hackel

170 F.R.D. 430, 38 Fed. R. Serv. 3d 764, 1997 U.S. Dist. LEXIS 1523
CourtDistrict Court, E.D. Michigan
DecidedFebruary 11, 1997
DocketNo. 95 75786
StatusPublished

This text of 170 F.R.D. 430 (Henderson v. Hackel) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Henderson v. Hackel, 170 F.R.D. 430, 38 Fed. R. Serv. 3d 764, 1997 U.S. Dist. LEXIS 1523 (E.D. Mich. 1997).

Opinion

OPINION AND ORDER

FEIKENS, District Judge.

I. INTRODUCTION This matter is before this court on plaintiffs Motion to Amend the Complaint pursuant to Federal Rule of Civil Procedure 15. Through his motion, plaintiff seeks to substitute named defendants for defendants that plaintiff previously identified as “John Doe,” numbers I-VIII. In addition, plaintiffs motion attempts to add an additional count to the complaint that would hold the defendants liable for allegedly retaliating against plaintiff because plaintiff exercised his First Amendment rights. For the reasons set forth below, I grant the plaintiffs motion to amend insofar as it seeks to add the named defendants in place of the unspecified John Doe(s) I-VIII. I will also allow plaintiff to amend his complaint so that he can pursue his claim for First Amendment retaliation but only for acts occurring on or after December 13,1993.

II. FACTS AND ALLEGATIONS

Plaintiff alleges that he suffered injuries during his incarceration at the Macomb County Jail in 1993 and 1994. Plaintiffs chief allegations involve incidents of harassment and a physical assault inflicted upon him by three fellow inmates, defendants Jones, Jones and Edwards. Plaintiff claims that the harassment and assaults occurred because jail personnel did not respond to the requests for help that plaintiff and his cellmate made to jail personnel. Plaintiff further claims that he suffered damages because members of the jail’s medical staff improperly treated him by failing to follow his treating physician’s orders and by refusing plaintiffs requests for drugs that had allegedly been prescribed for him.

Plaintiff appears to be claiming that the alleged incidents prompting ¡this action began when he was placed into the general population of defendant Macomb County Jail on November 6, 1993. From November 6, 1993 to November 27, 1993, the | day upon which plaintiff claims he was physically assaulted, plaintiff alleged that he wrote two kites per day requesting that something be done about threats and harassment he supposedly had suffered. Plaintiff claims that he was eventually released from jail on December 16, 1993, but again retened on September 26, 1994 until November 21,1994. Among other things, plaintiff alleges that during this latter [432]*432incarceration he was again denied appropriate medical treatment.

Plaintiff filed the original complaint in this matter on November 27, 1995. Plaintiff filed the present motion to amend on December 13,1996.

III. STATEMENT OF THE CASE

The primary question that this opinion addresses is, of course, whether the plaintiff should be granted leave to amend his complaint. Defendants assert that such leave is improper in this ease because the proposed amendments are futile due to their untimeliness. I disagree.

To begin with, plaintiffs claim of retaliation may encompass conduct that occurred after December 13, 1993. To the extent that it does encompass such conduct, the amendment is not futile as it was filed on December 13, 1996, a date within the statute of limitations for conduct occurring after December 13, 1993. The same reasoning applies with respect to plaintiffs attempt to add the names of jail personnel. To the extent that the allegations against them occurred after December 13, 1993, plaintiff is certainly entitled to add their names.

The problem with the plaintiffs attempted amendments is, of course, that many of the allegations against defendants occurred prior to December 13,1993. Therefore, unless the proposed amendments “relate back” to the date of plaintiffs original pleading in this case, they will be time-barred and, as such, futile. Under FED.R.CIV.P. 15, leave to amend need not be granted for futile amendments. Foman v. Davis, 371 U.S. 178, 182, 83 S.Ct. 227, 230, 9 L.Ed.2d 222 (1962).

With regard to the amendments that will add the names of jail personnel as defendants, FED.R.CIV.P. 15(c)(3) provides that amendments of this sort will relate back to the date of an original pleading only if certain conditions are met. Because I find that those conditions have been met, I conclude that the amendments adding the newly named defendants relate back to the date of the original pleadings. Thus, the amendments are timely and, therefore, not futile. Accordingly, I grant plaintiffs motion to amend his complaint so that he may include the recently-discovered names of John Doe(s) I-VIII.

With regard to the proposed amendment adding the retaliation claim for conduct occurring before December 13,1993,1 find that the requirements of FED.R.CIV.P. 15(c)(2) have not been met. Accordingly, the proposed amendment adding the retaliation claim will not “relate back” for incidents occurring prior to December 13, 1993, making this part of plaintiffs claim untimely. Thus, to allow plaintiffs proposed amendment to include retaliatory conduct occurring prior to December 13, 1993 would be futile. As such, I do not grant leave to amend the complaint to the extent that the amendment includes any claims of First Amendment retaliation occurring prior to December 13, 1993.

IV. ANALYSIS

A. Addition of Named Defendants

While both parties agree that FED. R.CIV.P. 15(a) provides that leave to amend a party’s pleadings shall be freely given when justice so requires, defendant objects to the plaintiffs attempt to add to the list of defendants the names of jail personnel that plaintiff learned during the course of discovery in this case. Citing Foman v. Davis, 371 U.S. 178, 182, 83 S.Ct. 227, 9 L.Ed.2d 222 (1962), defendant points out that justice does not require an amendment of pleadings where such an amendment would be futile. Defendant reasons that the addition of the newly named defendants in this case would be futile because plaintiff filed the amendment with the additions more than three years after the occurrence of some of the incidents alleged within plaintiffs complaint.

In support of this argument, defendant cited the recent United States Court of Appeals for the Sixth Circuit decision in Cox v. Treadway, 75 F.3d 230 (6th Cir.1996), in which that court refused the plaintiffs request to amend their complaint. The Court held that the plaintiffs could not “circumvent statutes of limitations” simply by replacing a previously námed “John Doe” with a named defendant after the statute of limitations had [433]*433run. Replacement of so-called John Doe defendants after the expiration of an applicable limitations period could only take place, the court reasoned, where the amending party satisfied the strictures of FED.R.CIV.P. 15(c)(8). Since the plaintiffs in that case could not satisfy these strictures, the court concluded that the amendments were improper. Herein lies the key distinction between Cox and the case at bar: whereas the plaintiffs in Cox could not satisfy the requirements of Rule 15(e)(8), plaintiff in this case does satisfy them.

Simpson v. City of Maple Heights, 720 F.Supp 1303 (N.D.Ohio 1988), a case almost identical to the one at bar, is instructive. In Simpson,

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Related

Foman v. Davis
371 U.S. 178 (Supreme Court, 1962)
Schiavone v. Fortune
477 U.S. 21 (Supreme Court, 1986)
Ames v. Vavreck
356 F. Supp. 931 (D. Minnesota, 1973)
Cox v. Treadway
75 F.3d 230 (Sixth Circuit, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
170 F.R.D. 430, 38 Fed. R. Serv. 3d 764, 1997 U.S. Dist. LEXIS 1523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henderson-v-hackel-mied-1997.