What is the test for identifying as a defendant only in an amended complaint?
MultiRegion, United States of America
The following excerpt is from Rogers v. United States, No. 2:15-cv-396-MCE-EFB PS (E.D. Cal. 2016):
Any amended complaint 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 another's act or omits to perform an act he is legally required to do that causes the alleged deprivation).
"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.
Other Questions
If plaintiff chooses to amend the complaint, is the amended complaint supers supersets the original complaint? (MultiRegion, United States of America)
In what circumstances must a plaintiff identify as a defendant in an amended complaint alleging that defendants conspired to deprive plaintiff of federal constitutional or statutory rights? (MultiRegion, United States of America)
If plaintiff decides to file an amended complaint, can the amended complaint supersede the current complaint? (MultiRegion, United States of America)
When a plaintiff files an amended complaint, can the court use the amended complaint to clarify the allegations in the original complaint? (MultiRegion, United States of America)
Is a plaintiff permitted to amend or amend his complaint to include new, unrelated claims in his second amended complaint? (MultiRegion, United States of America)
Does a Plaintiff have to amend or amend his complaint so that the amended complaint supersedes the original? (MultiRegion, United States of America)
If Plaintiff decides to file an amended complaint, is the amended complaint supersided by the original complaint? (MultiRegion, United States of America)
In what circumstances will plaintiff identify as a defendant in his amended complaint? (MultiRegion, United States of America)
What is the test for identifying as a defendant in an amended complaint? (MultiRegion, United States of America)
Is a plaintiff permitted to amend or amend his complaint to include new, unrelated claims in the original complaint? (MultiRegion, United States of America)
