What is the test for a third amended complaint in a civil case brought by a plaintiff alleging that he was deprived of a federal constitutional right?
The following excerpt is from Foster v. Elliot, No. 2:19-cv-2162-KJM-EFB P (E.D. Cal. 2020):
If plaintiff elects to file a third amended complaint, that pleading must identify as a defendant only persons who personally participated in a substantial way in depriving him of a federal constitutional right. Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978) (a person subjects another to the deprivation of a constitutional right if he does an act, participates in
Page 3
another's act or omits to perform an act he is legally required to do that causes the alleged deprivation).
Plaintiff may not change the nature of this suit by alleging new, unrelated claims in the amended complaint. George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
