Taylor v. City of Winnfield

191 F.R.D. 511, 46 Fed. R. Serv. 3d 631, 2000 U.S. Dist. LEXIS 3853, 2000 WL 300532
CourtDistrict Court, W.D. Louisiana
DecidedFebruary 14, 2000
DocketNo. Civ.A. 99-1828
StatusPublished
Cited by8 cases

This text of 191 F.R.D. 511 (Taylor v. City of Winnfield) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Taylor v. City of Winnfield, 191 F.R.D. 511, 46 Fed. R. Serv. 3d 631, 2000 U.S. Dist. LEXIS 3853, 2000 WL 300532 (W.D. La. 2000).

Opinion

RULING

LITTLE, Chief Judge.

Before this court is defendant “John Doe” ’s motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the following reasons, defendant’s motion to dismiss claims against John Doe is GRANTED.

I. BACKGROUND

On 9 September 1999, plaintiff James Taylor (“Taylor”) filed a complaint against the City of Winnfield, Gleason Nugent, Deano Thorton, and “John Doe, Jailors of City of Winnfield” in the Eighth Judicial District Court for the Parish of Winnfield, State of Louisiana, alleging deprivation of plaintiff’s constitutional rights under color of law. The defendants filed a petition for removal on 5 October 1999, and the case was removed to this court shortly thereafter.

On 9 September 1998, Taylor had been arrested by officials of the City of Winnfield Police Department as a pretrial detainee and charged with various criminal offenses. Taylor alleges in his complaint that at the time of his arrest, he “was suffering from abdominal pain and pain on urination, and in fact was urinating blood.” (Compl.l 23.) According to Taylor, he complained of his condition and requested medical treatment, but the prison officials denied his request and were “deliberately indifferent” to his serious medical needs. Taylor alleges that, due to said deliberate indifference, medical treatment was delayed and he was required to undergo surgery. Plaintiff also alleges in his complaint that defendant “John Doe” represents police officers and deputy jailors at the Winnfield Police Department whose names are unknown at the time. Presumably; John Doe refers to the individual prison official(s) who denied Taylor’s request for medical treatment.1

On 5 November 1999, the defendants in this case filed a motion to dismiss for failure to state a claim or, alternatively, motion for a more definite statement, on the grounds that Taylor’s claims are time barred and that Taylor erroneously alleges violations of his Eighth Amendment rights, which only applies to those who have been convicted of a [513]*513crime. On 25 January 2000, we adopted the recommendations of the magistrate: We denied the defendants’ motion to dismiss based on prescription, since Taylor proved that his complaint was filed timely, and we dismissed Taylor’s Eighth Amendment claims. Plaintiff was allowed to pursue his amended claims based on the Fourth and Fourteenth Amendments.

Although Taylor filed an amended complaint with this court, he still has not identified defendant John Doe, other than as police officers and deputy jailors at the Winnfield Police Department. On 30 December 1999, defendant John Doe, through shared counsel for all defendants, filed the mption to dismiss for failure to state a claim now before this court, asserting that Taylor’s claims against the fictitiously sued John Doe are now time barred.

II. ANALYSIS

Generally, a complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2). To state a claim under 42 U.S.C. § 1983, a plaintiff must allege, first, that he has been deprived of a constitutional right and, second, that the deprivation was by a person acting under color of law. See Flagg Bros., Inc. v. Brooks, 436 U.S. 149, 155, 98 S.Ct. 1729, 1733, 56 L.Ed.2d 185 (1978); Adickes v. S.H. Kress & Co., 398 U.S. 144, 150, 90 S.Ct. 1598, 1604, 26 L.Ed.2d 142 (1970); Davis Oil Co. v. Mills, 873 F.2d 774, 779 (5th Cir.1989). In determining the applicable limitations period in a § 1983 action, the court looks to the forum state’s personal injury limitations period. See Jacobsen v. Osborne, 133 F.3d 315, 319 (5th Cir.1998); Dean v. Nunez, 503 So.2d 212, 214 (La.App. 4th Cir.1987); McCoy v. City of Monroe, 747 So.2d 1234, 1238 (La.App.2d Cir.1999). In Louisiana, that limitations period is one year. See Jacobsen, 133 F.3d at 319; Dean, 503 So.2d at 214.

It has long been an accepted practice to allow claims against an unknown defendant to be amended to identify the defendant when his identity is discovered. See, e.g., Pullman Co. v. Jenkins, 305 U.S. 534, 536-37, 59 S.Ct. 347, 348-49, 83 L.Ed. 334 (1939); Local Trademarks, Inc. v. Price, 170 F.2d 715, 717 (5th Cir.1948). The amendment, however, either must be made within the applicable limitations period or must relate back to the date of the original complaint; otherwise, it will be time-barred. Rule 15(c) provides in relevant part:

An amendment of a pleading relates back to the date of the original pleading when ... within the period provided by Rule 4(m) for service of the summons and complaint, the party to be brought in by amendment (A) has received such notice of the institution of the action that the party will not be prejudiced in maintaining a defense on the merits, and (B) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against the party.

Fed.R.Civ.P. 15(e). The time period allowed by Rule 4(m) for service of the summons and complaint is 120 days after the filing of the complaint. See Fed.R.Civ.P. Rule 4(m). As interpreted by courts, Rule 15(c) “ ‘is meant to allow an amendment changing the name of a party to relate back to the original complaint only if the change is the result of error, such as a misnomer or misidentification.’ ” Jacobsen v. Osborne, 133 F.3d 315, 320 (5th Cir.1998) (quoting Barrow v. Weth-ersfield Police Dept., 66 F.3d 466, 469 (2d Cir.1995), modified by 74 F.3d 1366 (2d Cir. 1996)).

In the instant case, John Doe is the only relevant defendant for purposes of ruling on the motion to dismiss before this court. Plaintiff Taylor filed the original complaint against John Doe and others on 9 September 1999. On 26 November 1999, Taylor filed an amended complaint but did not identify therein which individuals John Doe represents. It has been over five months since Taylor filed the original complaint, and to this date he has not revealed the identities of John Doe.

Taylor argues in his opposition memorandum that Rule 4(m) allows 120 days from the date of the filing of the complaint to name the unnamed defendants and that 120 days had not yet passed, at least as of the date of [514]*514the opposition memorandum. Although the parties dispute whether or not 120 days had elapsed at that point, that no longer is an issue.

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Bluebook (online)
191 F.R.D. 511, 46 Fed. R. Serv. 3d 631, 2000 U.S. Dist. LEXIS 3853, 2000 WL 300532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-city-of-winnfield-lawd-2000.