JACOBSEN v. OSBORNE

No. 97-30098.

133 F.3d 315 (1998)

Michael JACOBSEN, Plaintiff-Appellant, v. Police Officer OSBORNE, et al., Defendants, City of New Orleans; Unidentified Party; Charles C. Foti, Jr., Criminal Sheriff of Orleans Parish, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 15, 1998.


Attorney(s) appearing for the Case

Michael Gerard Riehlmann, Brett John Prendergast, New Orleans, LA, for Plaintiff-Appellant.

John F. Weeks, II, T. Allen Usry, Usry & Weeks, Metairie, LA, for Defendants-Applellees.

Before JOLLY, DAVIS and BARKSDALE, Circuit Judges.


RHESA HAWKINS BARKSDALE, Circuit Judge:

Primarily at issue is whether, pursuant to FED. R. CIV. P. 15(c)(3), a proposed amendment to a complaint to add new parties relates back to the date of the original complaint, especially for replacing "John Doe" defendants, thereby defeating a limitations bar as to those putative parties. For his action seeking relief under, inter alia, 42 U.S.C. § 1983, Michael Jacobsen appeals the denial of his motion to amend...

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