(W.D.N.Y.1982) (defendants listed in the original complaint as “Five Troopers who partici- pated in the acts which are the subject of this action but whose names are unknown” held to have received constructive notice through the Attorney General, the same attorney represent- ing the named defendant police officer).
Jul 15, 2002 ... A recent Supreme Court case highlights a problem some prisoners face in finding the exact identities of defendants in civil rights cases. ... held that because a state is not a "person" within the meaning of 42 U.S.C. § 1983, plaintiffs could not sue either the state or a state officer in his or her "official capacity.
Jan 15, 2003 ... Dorothy Singletary, mother of PA DOC prisoner Edward Singletary, filed a 42 U.S.C. §1983 suit against SCI-Rockville and various named PA DOC officials and "Unknown Corrections Officers," alleging cruel and unusual punishment against her son. Edward committed suicide while at SCI-Rockville.
Nov 11, 2014 ... 1983 actions); Rice, supra note 16, at 895 ("Civil rights cases against unknown law enforcement officers, the most frequent uses of the Doe defendant in federal courts, best illustrates this reality."); id. at 886-87 (stating that Bivens was one of the first and most obvious uses of an unknown defendant).
If the whereabouts of the defendant are unknown or the summons is not served despite reasonable efforts to effect service and if the defendant does not voluntarily appear, the plaintiff .... Service is made upon an officer or agency of the State of Maryland, including a government corporation, by serving the officer or agency.
Every action may be prosecuted in the name of the real party in interest; but an executor, administrator, guardian of a person or property, trustee of an express trust or a party with whom or in whose name a contract has been made for the benefit of another may sue in the fiduciary's own name without joining the person for ...
Oct 2, 2013 ... individual whose identity was unknown to him at the time he filed his original Complaint and. Amended ... Thompson seeks to amend the Complaint to substitute Correctional Officer Beckman in place of .... amendments naming John Doe defendants whose identities are unknown at the time of the filing.
(A) contain the defendant's name or, if it is unknown, a name or description by which the defendant can be identified with reasonable certainty;. (B) describe the offense ... (A) After executing a warrant, the officer must return it to the judge before whom the defendant is brought in accordance with Rule 5. The officer may do so ...
Sep 25, 2013 ... [a]t all times relevant, Defendant Trooper Doe (“Trooper Doe”) was a West. Virginia State Police Trooper and Officer acting under the color of law conferred upon him by virtue of his position as such a law enforcement officer. The true identity of Trooper Doe is unknown at the time of filing this Complaint.