Legal Opinion
Enrique Diaz v. Dennis Shallbetter
Court of Appeals for the Seventh Circuit
Decided January 28, 1993No. 92-1344PublishedCited by 40 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
Two years to the day after being shot by a police officer in Chicago, Enrique Diaz filed suit against John Shullbetter. An attempt to serve process was unsuccessful; there is no such person (at least not in Chicago). Diaz amended his complaint to name Dennis Shallbetter, who claimed shel*852ter from the statute of limitations. The version of Fed.R.Civ.P. 15(c) governing in February 1991, when Diaz filed his complaint, provided that an amendment changing the defendant relates back to the date of initial filing only if the proper defendant had actual notice of the…
2Cases cited26 opinions
- Wilson v. GarciaSupreme Court of the United States · 1985
- Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Owens v. OkureSupreme Court of the United States · 1989
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
21 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Keith C. Moore v. State of Indiana, Indiana Department of Corrections and Thomas D. RichardsCourt of Appeals for the Seventh Circuit · 1993
- Quentin Kelly, Jerry Smith, Ray B. Hill v. City of Chicago, an Illinois Municipal Corporation, Michael Collins, Gene DembowskiCourt of Appeals for the Seventh Circuit · 1993
- Sidney Lundy Claire Lundy v. Adamar of New Jersey, Inc., T/a Trop World, Defendant/third Party v. Dr. Domenic Frank Carlino, Individually Dr. Domenic Frank Carlino, a Professional Association, Third-PartyCourt of Appeals for the Third Circuit · 1994
- Carl Woods v. Indiana University-Purdue University at IndianapolisCourt of Appeals for the Seventh Circuit · 1993
- United States v. Ziegler Bolt and Parts Company, Defendant/cross-AppellantCourt of Appeals for the Federal Circuit · 1997
35 more not listed; retrieve them via the Exa API.