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Civil Procedure Keyed to Erichson
Ornelas v. City of Manchester
Citation:
2017 WL 2423512 (D.N.H. June 5, 2017)Facts
Ornelas (Plaintiff) was admitted to Elliott Hospital following a car accident. Due to his unstable behavior, he was admitted to the psychiatric hospital, and had an altercation with a hospital security guard. He was then taken to the police station by officers employed by the City of Manchester (Defendant), and was restrained and struck by officers at the jail. Ornelas filed a lawsuit against the defendants, including Elliot Hospital. The hospital filed a motion to dismiss, alleging that the medical injury claim against it was barred by New Hampshire’s three-year statute of limitations on personal actions. Ornelas argued that the claim was permissible because it related back to his original pleading.
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