Ceara v. Deacon

Inmate at Fishkill, N.Y. prison (who is unrepresented by counsel) alleges an officer pushed him down concrete stairs. He names “John Doe” in his complaint but also refers to the officer as “C.O. Deagan.” Later, he amends that to “Joseph Deacon,” after a court orders the state to name the officers working during the shift in question. District court: Took too long to identify the correct defendant. Case dismissed. Second Circuit: Vacated. It was essentially a spelling mistake; it’s implausible that the officer didn’t know he was the one being sued.

Tags: 2019, 42 USC 1983, Second Circuit, Statute of Limitations

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