Framework for Rule 15 hypos

1. Consider possibilities for amending complaints that name "Smith" and "Chicago Police Department" as defendants.


(a). Before any defendant is served

(b). After deposition of Officer Cue in which he says, "I don't understand why you are deposing me. You haven't sued me."

(c) At trial after Officer Cue says on the stand, "I don't understand why you called me to testify. You haven't sued me." Would it matter if the statute of limitations has run by the time trial occurs?

2. The complaint pleads only assault (two counts, one for the flashlight and the other for the wallet snatching), and the following paragraph alleges the apprehension element:

"When Officer Cue snatched the wallet, the plaintiff was reasonably apprehensive that Officer Cue was going to touch his hand."

After the pleadings have been joined, the plantiff's counsel becomes aware of Carousel Motor Lodge, and moves to amend to add a count of battery.

Does it matter when the motion to amend is filed?

3. Only named defendant is Cue. The following an excerpt of the trial transcript:

Q: Why did you want to become a police officer?
A: So I could put spoiled Northshore brats in their place.
Q: Did you tell the Kenilworth Police Department that?
A: Oh yes. After I did, they were enthusiastic about hiring me.
Q. What kind of training did you receive?
A. None, really. They swore me in, give me a gun, and a flashlight, and told me the flashlight was mainly for threating the brats with. "Pop a couple of them on the head with it," the Sergeant said.
Q. Did you receive any disciplinary warnings?
A. I don't know what you mean by "disciplinary," but after the first week, the Lieutenant-the watch commander--called me into his office and said very sternly, "You seem to be a wimp out there. You haven't put anyone in the hospital yet."

Before the case goes to the jury, Bennaza moves to amend the complaint to add the Village of Kenilworth as a defendant. Should the motion be granted?

4. Suppose this is deposition testimony rather than trial testimony, and the motion to amend comes right after the deposition?