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ROBINSON v. CLIPSE

No. 08-6670.

602 F.3d 605 (2010)

Tyrone Lorenzo ROBINSON, Plaintiff-Appellant, and Tonya Ledell Robinson, Plaintiff, v. Joseph Franklin CLIPSE, Public Safety Trooper First Class, Defendant-Appellee, and South Carolina Department of Public Safety; South Carolina Highway Patrol, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: April 28, 2010.

Attorney(s) appearing for the Case

ARGUED: Christopher Vieira, Duke University School of Law, Durham, North Carolina, for Appellant. Marshall Hodges Waldron, Jr., Griffith & Sadler, PA, Beaufort, South Carolina, for Appellee. ON BRIEF: Sean E. Andrussier, James E. Coleman, Jr., David Chiang, Daniel Mandell, Duke University School of Law, Durham, North Carolina, for Appellant.

Reversed and remanded by published opinion. Judge GREGORY wrote the opinion, in which Judge AGEE and Senior Judge SILER joined.

OPINION

GREGORY, Circuit Judge:

Tyrone Robinson ("Robinson") appeals the district court's grant of summary judgment to South Carolina Highway Patrolman Joseph Clipse ("Clipse"). Robinson argues that the court erred in finding that his § 1983 claim against Officer Clipse in his individual capacity did not "relate back" to the date of the original complaint under Federal Rule of Civil Procedure 15(c) ("Rule 15(c)"). We agree and reverse the order of the...

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