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Home / Opinion Digests / Dismissal for failure to serve complaint improper (access required)

Dismissal for failure to serve complaint improper (access required)

Where a man failed to timely serve a deputy he sued for injuries allegedly suffered during an arrest, the district court was required to either (1) wait 90 days before dismissing the complaint or (2) provide notice and offer him an opportunity to show good cause before dismissing the complaint. Because it did neither, the ...