Legal Opinion
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. 86-1609PublishedCited by 29 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
In this employment discrimination action, the appellant, Joe T. Gonzales, argues that the district court erred in dismissing his complaint for his failure to sue the proper party within the required thirty-day statutory filing period. Based on the Supreme Court’s decision in Schiavone v. Fortune, 477 U.S. 21, 106 S.Ct. 2379, 91 L.Ed.2d 18 (1986), the district court held that Gonzales’s amendment to his complaint naming the Secretary of the Air Force (“the Secretary”) as a defendant, the only proper party sued or served, did not relate back under Fed.R.Civ.P.…
2Cases cited4 opinions
- Schiavone v. FortuneSupreme Court of the United States · 1986
- Harriett Duet Kirk, Widow of Dalta Ray Kirk v. Alwynn J. Cronvich, Individually and in His Official Capacity as Sheriff of the Parish of JeffersonCourt of Appeals for the Fifth Circuit · 1980
- Dorothy L. Hendrix v. Memorial Hospital of Galveston CountyCourt of Appeals for the Fifth Circuit · 1985
- Gonzales v. Secretary of Air ForceDistrict Court, N.D. Texas · 1986
3Cited by29 opinions
- Jerrald M. Johnson v. United States Postal ServiceCourt of Appeals for the Tenth Circuit · 1989
- Rene Ynclan Ynclan v. Department of the Air ForceCourt of Appeals for the Fifth Circuit · 1991
- Minnie M. Honeycutt v. John E. Long, Major General Commander, Army and Air Force Exchange ServiceCourt of Appeals for the Fifth Circuit · 1988
- Robert Warren v. Department of the ArmyCourt of Appeals for the Eighth Circuit · 1989
- Jesse Ray Bell v. Veterans Administration HospitalCourt of Appeals for the Fifth Circuit · 1987
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