De Novo Review – Time-barred

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7^th Circuit Court of Appeals

Case Name: Justin Herrera v. Teresa Cleveland

Case No.: 20-2076

Officials: SYKES, Chief Judge, and BRENNAN and SCUDDER, Circuit Judges.

Focus: De Novo Review – Time-barred

Justin Herrera, an Illinois state prisoner, filed a 42 U.S.C. § 1983 action against three correctional officers of the Cook County Jail for failing to protect him from assault and denying him prompt medical care. In his timely filed original complaint, Herrera named each of the defendants “John Doe” as a nominal placeholder until he could ascertain the proper identities of the officers. Herrera then twice amended his complaint to include their actual names—but did so outside of the two-year limitations period.

The officers moved to dismiss Herrera’s claim as time barred, and the district court denied that motion. Reasoning that suing “John Doe” defendants constituted a “mistake” under Federal Rule of Civil Procedure 15(c)(1)(C)(ii), the district court concluded that Herrera’s amended complaint “related back” to his original complaint. The officers then filed this interlocutory appeal. Because knowingly suing a John Doe defendant is not a “mistake” within the meaning of Rule 15(c), we reverse the district court’s judgment.

The officers moved to dismiss Herrera’s claim as time barred, and the district court denied that motion. Reasoning that suing “John Doe” defendants constituted a “mistake” under Federal Rule of Civil Procedure 15(c)(1)(C)(ii), the district court concluded that Herrera’s amended complaint “related back” to his original complaint. The officers then filed this interlocutory appeal. Because knowingly suing a John Doe defendant is not a “mistake” within the meaning of Rule 15(c), we reverse the district court’s judgment.

Reversed and remanded

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Derek A Hawkins is Corporate Counsel, at Salesforce.