A.M. by and through next friend, Nakala Murry, and Nakala Murry v. City of Indianola, Mississippi and Officer Greg Capers

Summary

The United States District Court for the Northern District of Mississippi grants Plaintiffs’ motion to amend their complaint under Federal Rule of Civil Procedure 15(a)(2). The court permits the addition of a Mississippi Tort Claims Act claim and dismisses the Defendants’ pending motion for summary judgment as moot.

Holdings

1. Leave to amend should be granted because the motion was timely and none of the recognized grounds for denying amendment—undue delay, bad faith, repeated failure to cure deficiencies, undue prejudice, or futility—was present.
2. The pending motion for summary judgment was dismissed as moot in light of the order granting leave to amend.

Questions Presented

1. Whether plaintiffs should be granted leave under Federal Rule of Civil Procedure 15(a)(2) to file an amended complaint adding a Mississippi Tort Claims Act claim.
2. Whether defendants' pending motion for summary judgment should remain pending after leave to amend was granted.

Disposition

other