RIPLEY v. CHILDRESS

Cv. No. 87-1469 JP.

695 F.Supp. 507 (1988)

Archie RIPLEY, Plaintiff, v. Jack CHILDRESS, Sheriff of Eddy County, New Mexico; Eddy County, New Mexico; Pat Childress; and Tony Dominguez, Defendants.

United States District Court, D. New Mexico.

August 26, 1988.


Attorney(s) appearing for the Case

K. Douglas Perrin, Shamas & Perrin, Roswell, N.M., for plaintiff.

Atwood, Malone, Mann & Turner, P.A., Steven L. Bell, Roswell, N.M., for defendants.


MEMORANDUM OPINION AND ORDER

PARKER, District Judge.

The question presented here is whether a proposed amended complaint may, under Fed.R.Civ.P. 15(c), relate back to an original complaint which fails to state a claim upon which relief may be granted. I believe the answer should be "yes."

Defendants filed a Fed.R.Civ.P. 12(h)(2) motion for judgment on the pleadings on the ground that plaintiff failed to allege deprivation of a right guaranteed by...

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