United States Eighth Circuit

In an action alleging gender discrimination and retaliation against Iowa County, the dismissal of the action for failure to timely serve the summons is affirmed where: 1) finding good cause based on the clerk's error alone, as plaintiff suggested, would improperly shift the burden to effect service from plaintiff to the clerk and undermine the purpose of Fed. R. Civ. P. 4(m); and 2) plaintiff was not diligent following discovery of the error and was not forthright with the court about other matters.

Appellate Information

• Decided 12/15/2010
• Published 12/15/2010

Judges

• William J. Riley

Court

• United States Eighth Circuit

Counsel