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- ilnd;;1:08-cv-02615_de34 RegisterActionDate "2009-06-03" @default.
- ilnd;;1:08-cv-02615_de34 RegisterActionDescriptionText "MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff, who alleges a seizure and detention in violation of his constitutional rights, filed his original complaint within the two-year statute of limitations. His pro se complaint named Phil Clines, whom Plaintiff alleged to be the Chicago Police Superintendent, but named the individual Defendants alleged to have violated his rights only as Officer #x Unknown. These individual Defendants were not identified until some months later, when appointed counsel's investigation uncovered their identities. As Defendants assert, Rule 15(c)(3) does not permit relation back where the proper party was not on notice of the filing of the original complaint. See Hall v. Norfolk Southern Ry. Co., 469 F.3d 590 (7th Cir. 2006); Baskin v. City of Des Plaines, 138 F.3d 701, 704 (7th Cir. 1998). Defendants' motion to dismiss Plaintiff's amended complaint is 30 granted. This case is dismissed without prejudice to state law claims. Civil case terminated. Mailed notice (etv, ) (Entered: 06/04/2009)" @default.
- ilnd;;1:08-cv-02615_de34 AdministrativeID "35" @default.
- ilnd;;1:08-cv-02615_de34 hasReferenceToOtherEntry ilnd;;1:08-cv-02615_de29 @default.