United States Tenth Circuit

A plaintiff's lack of knowledge of the intended defendant's identity is not a "mistake concerning the identity of the proper party" within the meaning of FRCP rule 15(c)(3)(B); district court did not err by holding that inmate's amended complaints against correctional officers did not relate back to the date of his original complaint. Dismissal of the case as time-barred is affirmed.

Appellate Information

• Decided 03/30/2004
• Published 03/30/2004

Judges

• ANDERSON, Circuit Judge., Before MURPHY, ANDERSON, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Dennis W. Hartley,Dennis W. Hartley, P.C., Colorado Springs, CO, for Plaintiff-Appellant.


• For Appellees:
  
• John W. Suthers, United States Attorney, and Kathleen L. Torres, Assistant United States Attorney, Denver, CO, for Defendants-Appellees.