Callicutt v. Scalise

U.S. DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
Civil Practice

New York Law Journal

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Judge Lawrence Kahn

On Nov. 30, 2008, defendant Scalise and his fellow police officers pursued Callicutt, who attempted to climb a fence. While Callicutt was atop the fence, Scalise pushed him over. Callicutt fell and landed on his back. After arrest and handcuffing, Callicutt was assaulted. Codefendant officers Doe and Forkeutis tased him until he almost lost consciousness. Callicutt was treated for taser burns and injuries from being stuck by officer Mahar's pistol. In October 2011 Callicutt brought a 42 USC §1983 civil rights suit against six unnamed John Doe defendants. His May 2012 amended complaint named Scalise, Mahar, Forteukis, Masters and Hogan—and one John Doe officer—as defendants. The amended complaint related back to Callicutt's original complaint. Under Krupski v. Costa Crociere, Callicutt's lack of knowledge of the John Does' true identities did not mean that his 2012 amended complaint was time barred under the three year statute of limitations on §1983 claims. However, the court could find no basis to conclude defendants should have known they were the John Does. Callicutt's complaint was not filed with the county sheriff or any other attorney or official whose knowledge of the action might be imputed to the defendants.

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