Kenneth V. Fisher v. A. Herrick, Corrections Staff, LT. Clarke, Superintendent, Mrs. Geddes, Programs Manager, J. Cockram, Discrimination Co., Mrs. Fuzi, Law Library Co.

Summary

The United States District Court for the District of Oregon granted Kenneth V. Fisher's motion to supplement his § 1983 complaint with a retaliation claim arising after the litigation began. The court denied his motion for partial summary judgment as premature because defendants had not yet filed an answer or other responsive pleading, without prejudice to refiling later.

Holdings

1. A request to add a cause of action that arose after the litigation began is properly construed as a motion to supplement under Federal Rule of Civil Procedure 15(d), and Plaintiff's motion to supplement was granted.
2. Plaintiff's motion for partial summary judgment was premature before Defendants filed an answer or other responsive pleading and was denied without prejudice to refiling at a later stage of the litigation.

Questions Presented

1. Whether Plaintiff's request to add a retaliation claim based on events occurring after the filing of the original complaint should be treated as a motion to supplement and granted.
2. Whether Plaintiff's motion for partial summary judgment was premature before Defendants filed an answer or other responsive pleading.

Disposition

other