Fathera v. Smyrna Police Department et al

Filing 114

ORDER granting 113 Motion for Leave to Amend Complaint. Signed by Magistrate Judge E. Clifton Knowles on 4/18/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

ORDER:
Motion granted without
opposition.

IN THE UNITED STATES DISTRICT COURT
FOR MIDDLE TENNESSEE
U.S. Magistrate Judge

ROBERT WAYNE FATHERA,
Plaintiff

3:10-CV-01013
JURY DEMAND

v.

GARY SCHOON,

Magistrate Judge
E. Clifton Knowles

Defendant
________________________________________________________________________
MOTION FOR LEAVE TO AMEND COMPLAINT
________________________________________________________________________

Pursuant to Fed. R. Civ. P. 15(a)(2), Plaintiff Robert Wayne Fathera moves for
leave to amend his original complaint. The main purpose would be to correct and clarify
the ad damnum clause.
The original, pro se complaint is a bit unclear. For one thing, it asks for different
amounts of damages from two different defendants, even though it appears to charge
them both with (mostly) the same conduct. The original complaint asks for $100,000 in
damages from Gary Schoon. It also asks for $250,000 (and injunctive relief) from the
Town of Smyrna — a party now removed from the case. Although the original complaint
seemingly describes a tort that is intentional and malicious, it does not specify whether it
wants compensatory damages, punitive damages, or both.
Once an original complaint is answered, a plaintiff can only amend with the court's
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