Rogerson v. Fitzpatrick

In Rogerson v. Fitzpatrick, 121 N.C. App. 728, 468 S.E.2d 447 (1996), the plaintiff motorist filed an initial complaint against three Durham police officers in their individual capacities and later amended his complaint to add a claim against the City of Durham and to name the officers as defendants in their official capacities. This Court held that the amended complaint may not relate back to the filing date of the original complaint because the plaintiff was seeking to add new defendants and Rule 15(c) only allows the addition of new claims. Id. Furthermore, in Meyer v. Walls, 347 N.C. 97, 110, 489 S.E.2d 880, 887 (1997), our Supreme Court stated: A suit against a defendant in his individual capacity means that the plaintiff seeks recovery from the defendant directly; a suit against a defendant in his official capacity means that the plaintiff seeks recovery from the entity of which the public servant defendant is an agent. In Crossman v. Moore, 341 N.C. 185, 187, 459 S.E.2d 715, 717 (1995), our Supreme Court recognized that Rule 15(c) applies only to the relation back of claims and is "not authority for the relation back of a claim against a new party."