How Do I File a Complaint Against a John Doe Party?
Full Question:
Answer:
Harassment is governed by state laws, which vary by state, but is generally defined as a course of conduct which annoys, threatens, intimidates, alarms, or puts a person in fear of their safety. Harassment is unwanted, unwelcomed and uninvited behavior that demeans, threatens or offends the victim and results in a hostile environment for the victim. Harassing behavior may include, but is not limited to, epithets, derogatory comments or slurs and lewd propositions, assault, impeding or blocking movement, offensive touching or any physical interference with normal work or movement, and visual insults, such as derogatory posters or cartoons.
The answer will depend in part on the nature of the remedy you seek. I suggest you contact a legal legal aid society who can review all the facts and documents in your case. We are prohibited from giving legal advice, as this service provides information of a general legal nature. The legal theory of your claim will determine the nature of the complaint to be filed and the relief asked for. During the course of a lawsuit, if unknown persons or entities exist which were involved in the incident or the business being sued. Usually identified as "Doe 1" with an inclusion in the complaint that if and when the unidentified defendants are identified, they will be included in the complaint. By including Doe defendants in a lawsuit, the statute of limitations may be kept from expiring despite the fact that the true name is not known. If during an investigation or discovery phase, new information is located about a potential defendant, the real name may be substituted and the person is served with a summons and complaint.
Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It must be proven that without the injunction, harm will occur which cannot be remedied by money damages. To issue a preliminary injunction, the courts typically require proof that
(1) the movant has a ‘strong’ likelihood of success on the merits;
(2) the movant would otherwise suffer irreparable injury;
(3) the issuance of a preliminary injunction wouldn't cause substantial harm to others; and
(4) the public interest would be served by issuance of a preliminary injunction.
A request for a declaratory judgment may be filed with the court, seeking to have a judicial declaration of the rights of parties involved. A petition for a declaratory judgment asks the court to define the legal relationship between the parties and their rights with respect to the matter before the court. It is used to determine the legal status of a situation, rather than the enforcement of the rights involved.
In a lawsuit, the term “discovery” refers to methods that the plaintiff and defendant use to get information from each other and other people in order to prepare for trial. The primary methods used are requests for production of documents, interrogatories, requests for admission, and depositions. A discovery request may be filed with the complaint in many cases.
Please see:
http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/004/lipscmbclC.pdf
http://www.supremelaw.org/copyrite/aol.com/supplement3.htm
Please see the following TN laws:
20-1-119. Comparative fault — Joinder of third party
defendants.
(a) In civil actions where comparative fault is or becomes
an issue, if a defendant named in an original complaint
initiating a suit filed within the applicable statute of
limitations, or named in an amended complaint filed within the
applicable statute of limitations, alleges in an answer or
amended answer to the original or amended complaint that a
person not a party to the suit caused or contributed to the
injury or damage for which the plaintiff seeks recovery, and
if the plaintiffs cause or causes of action against such
person would be barred by any applicable statute of
limitations but for the operation of this section, the
plaintiff may, within ninety (90) days of the filing of the
first answer or first amended answer alleging such person's
fault, either:
(1) Amend the complaint to add such person as a defendant
pursuant to Rule 15 of the Tennessee Rules of Civil Procedure
and cause process to be issued for that person; or
(2) Institute a separate action against that person by
filing a summons and complaint. If the plaintiff elects to
proceed under this section by filing a separate action, the
complaint so filed shall not be considered an "original
complaint initiating the suit" or "an amended complaint" for
purposes of this subsection.
(b) A cause of action brought within ninety (90) days
pursuant to subsection (a) shall not be barred by any statute
of limitations. This section shall not extend any applicable
statute of repose, nor shall this section permit the plaintiff
to maintain an action against a person when such an action is
barred by an applicable statute of repose.
(c) This section shall neither shorten nor lengthen the
applicable statute of limitations for any cause of action,
other than as provided in subsection (a).
(d) The provisions of subsections (a) and (b) shall not
apply to any civil action commenced pursuant to § 28-1-105,
except an action originally commenced in general sessions
court and subsequently recommenced in circuit or chancery
court.
(e) This section shall not limit the right of any defendant
to allege in an answer or amended answer that a person not a
party to the suit caused or contributed to the injury for
which the plaintiff seeks recovery.
(f) For purposes of this section, "person" means any
individual or legal entity.
(g) Notwithstanding any provision of law to the contrary,
this section applies to suits involving governmental entities
15.01. Amendments.
A party may amend the party's pleadings once as a matter of course at any
time before a responsive pleading is served or, if the pleading is one to
which no responsive pleading is permitted and the action has not been set
for trial, the party may so amend it at any time within fifteen (15) days
after it is served. Otherwise a party may amend the party's pleadings
only by written consent of the adverse party or by leave of court; and
leave shall be freely given when justice so requires. For amendments
adding defendants pursuant to Tenn. Code Ann. § 20-1-119, however,
written consent of the adverse party or leave of court is not required. A
party shall plead in response to an amended pleading within the time
remaining for response to the original pleading or within fifteen (15)
days after service of the amended pleading, whichever period may be
longer, unless the court otherwise orders.