Brackhahn v. Nordling

The issue is whether the plaintiff’s amended complaint, which was filed after the statute of limitations had run, stated a “new” cause of action and, therefore, could not relate back to the original complaint.

Plaintiff filed his first complaint on June 2, 1972. He alleged that on July 16, 1970, the defendants “wrongfully and willfully caused plaintiff to be arrested” and “caused plaintiff to be imprisoned in the city jail # * He further alleged “[t]hat plaintiff was charged with and acquitted of the crime of trespassing.”

Plaintiff filed amended complaints. The third amended complaint…