JUSTUS EX REL. JUSTUS v. COUNTY OF BUCHANAN

No. 1:06CV00117.

498 F.Supp.2d 883 (2007)

Shirley JUSTUS, Administrator of the ESTATE OF Mark A. JUSTUS, Deceased, Plaintiff, v. COUNTY OF BUCHANAN, et al., Defendants.

United States District Court, W.D. Virginia, Abingdon Division.

August 8, 2007.


Attorney(s) appearing for the Case

S.D. Roberts Moore, Eunice P. Austin, and William Wirt Brock, IV, Gentry Locke Rakes & Moore LLP, Roanoke, VA, and Robert J. Breimann, Street Law Firm, Grundy, VA, for Plaintiff.

Jim H. Guynn, Jr., Guynn, Memmer & Dillon, P.C., Roanoke, VA, for Defendant Sheriff C. Ray Foster.


OPINION AND ORDER

JONES, Chief Judge.

In this § 1983 action arising out of a jail suicide, the primary issue before me is whether to permit relation back under Rule 15(c) of the claim against a new defendant, so as to prevent the bar of the statute of limitations. Based on recent Fourth Circuit precedent, I find that the claim does relate back and thus deny the Motion to Dismiss.

I.

On January 4, 2005, Mark A. Justus was an inmate...

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