Edwards v. U.S.
| Decision Date | 25 March 1985 |
| Docket Number | No. 84-4559,84-4559 |
| Citation | 755 F.2d 1155 |
| Parties | Patricia Ann EDWARDS, et al., Plaintiffs, Patricia Ann Edwards, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. Summary Calendar. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Timothy R. Fischer, Shreveport, La., for plaintiff-appellant.
Joseph S. Cage, Jr., U.S. Atty., D.H. Perkins, Jr., Asst. U.S. Atty., Shreveport, La., for defendant-appellee.
Appeal from the United States District Court for the Western District of Louisiana.
Before CLARK, Chief Judge, GARWOOD, and JOLLY, Circuit Judges.
I
Edwards appeals the dismissal of her tort suit against the United States, claiming the statute of limitations has not barred her action. Because her claim against the government relates back to an action brought against the allegedly negligent agent and agency in which service of a summons directed to the "United States of America" was effected upon the United States Attorney within the limitation period, we vacate the dismissal order and remand for further proceedings.
II
Edwards claims that an unattended postal vehicle rolled into her car, injuring her and causing damages to the vehicle. She filed an administrative claim, but was denied relief on February 28, 1983. Notice of denial was mailed the same day. Under 28 U.S.C. Sec. 2401(b), she had six months from the day after this notice was mailed to bring suit against the United States. The parties stipulated that the statute of limitations expired on September 1, 1983. We accept the stipulation and do not decide whether the limitations period expired on August 31 or September 1. See Murray v. United States Postal Service, 569 F.Supp. 794, 795-96 (N.D.N.Y.1983).
On August 26, 1983, Edwards filed a complaint under the Federal Tort Claims Act (FTCA), naming the United States Postal Service and the driver of the postal vehicle, Sutton, as defendants. Summonses were issued to the named defendants and also to the Attorney General of the United States and the United States of America on August 29, 1983. Service was made on August 29, 1983 on the United States Postmaster, and on Sutton. The United States Attorney for the Western District of Louisiana accepted service of the process addressed to the "United States of America" on August 30, 1983. No document appears in the reconstructed record of appeal nor is an entry reflected in the docket sheet of the district court establishing when a copy of the original summons and complaint was sent by registered or certified mail to the Attorney General of the United States to complete service upon the United States under Federal Rule of Civil Procedure 4(d)(4).
Edwards' original complaint formally named only the Postal Service and Sutton as defendants. Edwards eventually recognized this defect and amended her complaint to name the United States as the defendant. See 28 U.S.C. Secs. 1346(b), 2679. Service of the amended complaint on the United States Attorney for the Western District of Louisiana was again made on November 23, 1983. Neither the record nor the docket sheet establish the completion of service of the amended complaint on the United States by mailing to the Attorney General of the United States.
The government then filed a motion to dismiss, claiming the amended action against the United States was untimely, because it was commenced after September 1, 1983. The district court granted the motion, holding that the amended complaint did not relate back to the original timely complaint, pursuant to Federal Rule of Civil Procedure 15(c). Edwards now appeals.
III
Unless the amendment relates back to the original complaint, the complaint is untimely and must be dismissed. Federal Rule of Civil Procedure 15(c) governs when an amendment to a complaint will relate back to an original pleading. It states that a claimant may substitute a party if the claim or defense arose out of the same conduct, transaction or occurrence set forth in the original pleading and the party to be brought in by amendment:
(1) has received such notice of the institution of the action that he will not be prejudiced in maintaining his defense on the merits, and (2) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against him.
The delivery or mailing of process to the United States Attorney, or his designee, or the Attorney General of the United States, or an agency or officer who would have been a proper defendant if named, satisfies the requirement of clauses (1) and (2) hereof with respect to the United States or any agency or officer thereof to be brought into the action as a defendant.
The government contends that the final paragraph quoted above has no effect on this case, because the service upon the United States Attorney and Attorney General was made in their capacity as representatives for the Postal Service, not the United States.
The government relies on two cases to support this argument. Hughes v. United States, 701...
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