Barcume v. City of Flint
Court of Appeals for the Eastern District of Michigan
819 F.Supp. 631 (E.D. Mich. 1993)
Barcume and 12 other female officers (plaintiffs) sued the City of Flint and its police union (defendant) for discriminatory hiring and promotion practices under several civil-rights statutes. After extensive discovery, the court allowed Barcume to amend the complaint to add two new claims — an equal-protection claim under § 1983 and a claim under Michigan's Elliot-Larsen Civil Rights Act — plus new allegations of sexual harassment. The City moved to dismiss the amended counts as time-barred by the statute of limitations.
Whether an amendment to a pleading relates back to the date of the original pleading when the amended claim arises out of the same conduct, transaction, or occurrence set forth in the original pleading.