Moore v. LA Department of Public Safety, No. 18-30323 (5th Cir. 2019)Annotate this Case
Plaintiff filed suit against state prison officials, alleging Eighth Amendment violations and state-law wrongful death and survival claims arising out of her son’s death. Plaintiff discovered a year later that her son had two children and thus she substituted their natural tutors (their mothers) as plaintiffs after the expiration of the statutory limitations period. The Fifth Circuit reversed the district court's reversal of the tutors' wrongful death and 42 U.S.C. 1983 claims, holding that the substitution satisfied the four Giroir factors and related back to the date of the initial complaint.