Legal Opinion · Dissent
Joe T. Gonzales v. Secretary of the Air Force and the Department of the Air Force, Defendants
Court of Appeals for the Fifth Circuit
Decided August 18, 1987No. 86-1609Published
1DissentJohn R. Brown, Circuit Judge
The majority’s characterization of § 2000e-16(c) and Rule 15(c) as traps to frustrate a citizen in his quest to vindicate his civil right is contrary to the spirit of our civil rights laws and the aspirations of the drafters of the Federal Rules of Civil Procedure.1 Therefore, I must respectfully dissent.
*397The majority holds the United States Supreme Court’s interpretation of Rule 15(c) in Schiavone v. Fortune, 477 U.S. 21, 106 S.Ct. 2379, 91 L.Ed.2d 18 (1986) mandates a dismissal of Gonzales’ action. I do not find Schiavone either that controlling on these facts or that draconian in effect. A…
2Cases cited20 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Zipes v. Trans World Airlines, Inc.Supreme Court of the United States · 1982
- Mohasco Corp. v. SilverSupreme Court of the United States · 1980
- Schiavone v. FortuneSupreme Court of the United States · 1986
- Leonard Jarrell v. United States Postal ServiceCourt of Appeals for the D.C. Circuit · 1985
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