Nobre v. Louisiana Department of Public Safety
civil; mother of an inmate killed by another inmate sued prison officials (state wrongful death and § 1983 failure to protect / medical care); after the one-year period she substituted the decedent's children's tutors as plaintiffs; district court dismissed the amended complaint as time-barred (no relation back); CA5 reversed and remanded (result: remanded)
Facts
- 18 Borrowed state personal-injury statute of limitations (42 U.S.C. § 1988; Wilson v. Garcia; Owens v. Okure) not law
Moore's original complaint was filed on September 14, 2016, within the relevant limitation periods; Nobre and Guidry's amended complaint was filed on March 9, 2017, after that period had expired.
- 18 Borrowed state personal-injury statute of limitations (42 U.S.C. § 1988; Wilson v. Garcia; Owens v. Okure) not law
To determine whether the amended complaint relates back to Moore's original complaint, the court applies Federal Rule of Civil Procedure 15(c)(1).
- 18 Borrowed state personal-injury statute of limitations (42 U.S.C. § 1988; Wilson v. Garcia; Owens v. Okure) not law
In fact, the amended complaint differs from Moore's original pleading only with respect to who is bringing the claims.
- 18 Borrowed state personal-injury statute of limitations (42 U.S.C. § 1988; Wilson v. Garcia; Owens v. Okure) not law
The document unambiguously indicates that the Department-which produced and maintained this document-knew of Cotton's two children.
- 18 Borrowed state personal-injury statute of limitations (42 U.S.C. § 1988; Wilson v. Garcia; Owens v. Okure) not law
But the defendants present no indication that allowing the amendment to relate back would prejudice their capacity to defend the suit, for example, that they would be deprived of relevant proof.
- 18 Borrowed state personal-injury statute of limitations (42 U.S.C. § 1988; Wilson v. Garcia; Owens v. Okure) not law
It would be allowed to relate back under Louisiana law, and is also allowed to relate back under Rule 15(c)(1).
- 18 Borrowed state personal-injury statute of limitations (42 U.S.C. § 1988; Wilson v. Garcia; Owens v. Okure) not law
We REVERSE the district court's dismissal of Nobre and Guidry's wrongful death and Section 1983 claims as time barred and remand for further proceedings.