Patrick McGraw v. Theresa Gore, No. 20-7539 (4th Cir. 2022)
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Plaintiff filed 1983 against two nurses alleging that he was provided inadequate medical care during a health crisis he experienced while incarcerated. He was eventually sent a series of hospitals, where doctors told him a flesh-eating organism was damaging his internal organs.
The first nurse was successfully served by the Marshals Service within Rule 4(m)’s 90-day period. The second nurse was not served because service was returned as “refused unable to forward.” The district court dismissed Plaintiff’s lawsuit on timeliness grounds after finding that Plaintiff’s amended complaint did not relate back under Rule 15(c) of the Federal Rules of Civil Procedure to his initial and timely complaint.
At issue is whether the amended complaint adding Defendants is timely because it relates back to the date of the original complaint. The court found that the district court erred and the text of Rule 15(c)(1)(C) makes clear that the required “notice” and knowledge must come “within the period provided by Rule 4(m) for service.
Next, the court addressed whether Defendants were provided the necessary notice within the Rule 4(m) notice period. The court ruled that Rule 15(c)’s requirements have been satisfied as to the first nurse. In regards to the second nurse, the court remanded to the district court for consideration of Plaintiff’s extension request, reasoning that the district court incorrectly believed that Plaintiff lost his chance to take advantage of Rule 15(c)’s relation-back rule. The court vacated the district court’s order granting the motion to dismiss.
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