United States Fourth Circuit

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Robinson v. Clipse, 08-6670

In plaintiff's section 1983 suit against a highway patrolman, involving allegations that, after a high speed chase, the patrolman began shooting into plaintiff's vehicle without reason, striking plaintiff (who was later convicted of failing to stop for defendant's blue light and for possession of a stolen vehicle), judgment of the district court is reversed and remanded as the district court erred in granting summary judgment to the patrolman based on the running of the statute of limitations because the amendment naming the patrolman as a defendant relates back to the date of the original complaint because Rule 15(c)'s requirements have been satisfied.

Appellate Information

  • Argued 03/23/2010
  • Decided 04/28/2010
  • Published 04/28/2010

Judges

  • Before GREGORY and AGEE, Circuit Judges, and EUGENE E. SILER, JR., Senior Circuit Judge of the United States Court of Appeals for the Sixth Circuit, sitting by designation.

Court

  • United States Fourth Circuit

Counsel

  • For Appellees:
  • ARGUED:Christopher Vieira, Duke University School of Law, Durham, North Carolina, for Appellant. Marshall Hodges Waldron, Jr., Griffith & Sadler, PA, Beaufort, South Carolina, for Appellee. ON BRIEF:Sean E. Andrussier, James E. Coleman, Jr., David Chiang, Daniel Mandell, Duke University School of Law, Durham, North Carolina, for Appellant.