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Home / Opinion Digests / Civil Practice / Civil Practice – Pleadings – Amendment – Party Substitution – Sheriff for Sheriff’s Department (access required)

Civil Practice – Pleadings – Amendment – Party Substitution – Sheriff for Sheriff’s Department (access required)

Treadway v. Diez The Court of Appeals upheld the trial court’s grant of plaintiff’s motion to amend her complaint to name the sheriff as a defendant in place of the originally-named defendant, the sheriff’s department. We reverse for the reasons stated in Judge Jackson’s dissent: The amendment at issue constitutes more than a simple correction of a misnomer. Plaintiff sought to substitute a new party-defendant over whom she could obtain jurisdiction - the sheriff — in place of an entity that is not subject to suit - the sheriff’s department.

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