Jackson v. Kotter

After suffering back injuries on two occasions while incarcerated at the United States Penitentiary in Terre Haute, Indiana, Michael Jackson brought a lawsuit against employees of the prison. He raised a negligence claim under the Federal Tort Claims Act (FTCA), see 28 U.S.C. § 2679, and constitutional claims pursuant to Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). Jackson amended his original complaint to name the United States as the proper defendant of his FTCA action, but the district court dismissed the claim against the United States because the amendment was filed after the applicable six-month statute of limitations specified in 28 U.S.C. § 2401(b)(1). Jackson appeals the district courts dismissal of the United States, as well as the district courts dismissal of three individual defendants; its grant of summary judgment in favor of Physicians Assistant ("P.A.") Williams, whom Jackson alleged was deliberately indifferent to his medical needs; its refusal to allow an amendment naming a new defendant after the applicable statute of limitations had expired; and its refusal to assist Jackson in securing counsel. We affirm all of the district courts decisions except for its dismissal of the United States of America in the FTCA action, because Jacksons amendment naming the United States related back to his original pleading, which was timely filed. See Fed. R. Civ. P. 15(c).