Williams v. Bradshaw, 459 F.3d 846 (8th Cir. 2006). · Go Syfert
Williams v. Bradshaw, 459 F.3d 846 (8th Cir. 2006). Cases Citing This Book View Copy Cite
“when, as here, a complaint amounts to a nullity, it cannot serve as the foundation for an amendment: since the original complaint was without legal effect, there was nothing to amend. granting the motion to amend would have been impossible.”
38 citation events (38 in the last 25 years) across 22 distinct courts.
Strongest positive: Rene Valdivia v. Austin Sibenaller, et al. (iand, 2026-02-11) · Strongest negative: Abecassis v. Wyatt (txsd, 2012-09-30)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 20 distinct citers. How cited ↗
discussed Cited "but see" Abecassis v. Wyatt
S.D. Tex. · 2012 · signal: but see · confidence high
But see Williams v. Bradshaw, 459 F.3d 846 , 849 (8th Cir.2006) (holding “[a caption] is entitled to considerable weight when determining who the plaintiffs to a suit are since plaintiffs draft complaints” and that putative plaintiffs missing from the caption were not parties to the suit where “the complaint refers repeatedly to only a singular ‘plaintiff ”).
examined Cited as authority (verbatim quote) Rene Valdivia v. Austin Sibenaller, et al.
N.D. Iowa · 2026 · signal: see also · quote attribution · 1 verbatim quote · confidence high
when, as here, a complaint amounts to a nullity, it cannot serve as the foundation for an amendment: since the original complaint was without legal effect, there was nothing to amend. granting the motion to amend would have been impossible.
discussed Cited as authority (verbatim quote) Fonseca v. Kaiser Permanente Medical Center Roseville
E.D. Cal. · 2016 · signal: see also · quote attribution · 1 verbatim quote · confidence high
federal courts are to apply state law in deciding who may bring a 1983 action on a decedent's behalf.
discussed Cited as authority (quoted) Christensen v. FCI Forrest City Low
E.D. Ark. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence low
under arkansas law a wrongful-death action may be brought only by a personal representative or, if there is no personal representative, by the decedent's heirs at law. ark. code ann. 16-62-102(b).
examined Cited as authority (quoted) Hawkins v. Wash. Metro. Area Transit Auth.
D.C. Cir. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
while a caption is not determinative as to who is party to a suit, we think that it is entitled to considerable weight when determining who the plaintiffs to a suit are since plaintiffs draft complaints.
cited Cited as authority (rule) Brittany Gullo et al. v. City of Williston et al.
D.N.D. · 2026 · confidence medium
Williams v. Bradshaw, 459 F.3d 846, 848 (8th Cir. 2006).
cited Cited as authority (rule) Angela Smith and Sharon Jackson v. Cigarette Store, LLC; Savage Enterprises, LLC; ACS Laboratory, LLC; Matthew Winters; Christopher Wheeler; Preston Wheeler; and John Does
E.D. Ark. · 2025 · confidence medium
Federal Rule of Civil Procedure 10(a) provides that “the title of the actions in a complaint ‘shall include the names of all the parties.’” Williams v. Bradshaw, 459 F.3d 846, 849 (8th Cir. 2006).
discussed Cited as authority (rule) Bradley M. Ganz and Karina Ganz Revocable Living Trust v. Aaron Henderson and Jennifer Henderson
D. Or. · 2025 · confidence medium
Though the caption “is entitled to considerable weight when determining who the plaintiffs to a suit are since plaintiffs draft complaints,” Williams v. Bradshaw, 459 F.3d 846, 849 (8th Cir. 2006), if a complaint “names [parties] in such terms that every intelligent person understands who is meant, as is the case here, it has fulfilled its purpose; and courts should not put themselves in the position of failing to recognize what is apparent to everyone else,” Rice v. Hamilton Air Force Base Commissary, 720 F.2d 1082 , 1086 n. 2 (9th Cir. 1983) (quoting United States v. A.H.
discussed Cited as authority (rule) Jones v. Ford Motor Company
E.D. Mich. · 2024 · confidence medium
Tex. 2019) (“Court have recognized that an individual or entity not named in the caption of the complaint is not a party to the case.”) (collecting cases); Abraugh v. Altimus, 26 F.4th 298, 303 (5th Cir. 2022); Williams v. Bradshaw, 459 F.3d 846, 849 (8th Cir. 2006) (The case caption is logically “entitled to considerable weight when determining who the plaintiffs to a suit are since plaintiffs draft complaints.”) Under these circumstances, it appears that Gerkarrah Jones is the only individual that is actually a plaintiff in this case.
discussed Cited as authority (rule) 4 West LLC v. Auto-Owners (Mutual) Insurance Company
S.D. Ohio · 2023 · confidence medium
When “a complaint amounts to a nullity ... the original complaint was without legal effect[.]” Williams v. Bradshaw, 459 F.3d 846, 849 (8th Cir. 2006) (affirming the district court’s denial of a motion to amend a complaint that was a legal nullity).
discussed Cited as authority (rule) Abraugh v. Altimus
5th Cir. · 2022 · confidence medium
Miller, 5A FEDERAL PRACTICE AND PROCEDURE § 1321 (4th ed. 2018), courts at least give the caption “considerable weight when determining who the plaintiffs to a suit are since plaintiffs draft complaints.” Williams v. Bradshaw, 459 F.3d 846, 849 (8th Cir. 2006).
discussed Cited as authority (rule) Smith v. Allbaugh
10th Cir. · 2021 · confidence medium
“Federal courts are to apply state law in deciding who may bring a § 1983 action on a decedent’s behalf.” Williams v. Bradshaw, 459 F.3d 846, 848 (8th Cir. 2006); see also Pope v. Ward, No. 95-7129, 1996 WL 460023, *1 (10th Cir. Aug. 14, 1996) (unpublished); 42 U.S.C. § 1988 (a).
cited Cited as authority (rule) Byrne v. Clinton Foundation
D.D.C. · 2019 · confidence medium
See, e.g., Trackwell v. United States, 472 F. 3d 1242, 1243-44 (10th Cir. 2007); Williams v. Bradshaw, 459 F. 3d 846, 848-49 (8th Cir. 2006). 2 such in the caption of the Amended Complaint.
cited Cited as authority (rule) Erik Mickelson v. County of Ramsey
8th Cir. · 2016 · confidence medium
“We review a judgment on the pleadings de novo.” Williams v. Bradshaw, 459 F.3d 846, 848 (8th Cir.2006).
discussed Cited as authority (rule) Minch Family LLLP v. Buffalo-Red River Watershed District
8th Cir. · 2010 · confidence medium
DISCUSSION A. Standard of Review “We review a district court’s grant of judgment on the pleadings de novo.” Poehl v. Countrywide Home Loans, Inc., 528 F.3d 1093, 1096 (8th Cir. 2008) (citing Williams v. Bradshaw, 459 F.3d 846, 848 (8th Cir.2006)).
discussed Cited "see" Mark Habelt v. Irhythm Technologies, Inc. (2×)
9th Cir. · 2023 · signal: see · confidence high
See Williams v. Bradshaw, 459 F.3d 846, 849 (8th Cir. 2006).
discussed Cited "see" Jesse Frisbee v. Buncombe County Detention Facility
4th Cir. · 2023 · signal: see · confidence high
See Williams v. Bradshaw, 459 F.3d 846, 848 (8th Cir. 2006) (explaining that “[f]ederal courts are to apply state law in deciding who may bring a § 1983 action on a decedent’s behalf”).
discussed Cited "see" CAROLYN REPKO VS. OUR LADY OF LOURDES MEDICAL CENTER, INC. (L-3559-18, CAMDEN COUNTY AND STATEWIDE)
N.J. Super. Ct. App. Div. · 2020 · signal: see · confidence high
See Williams v. Bradshaw, 459 F.3d 846, 848-49 (8th Cir. 2006) (applying state law to determine the plaintiff was not the proper party to bring wrongful a death action and therefore the district court did not err in denying the motion for leave to amend the complaint because the "complaint amount[ed] to a nullity [and accordingly] it cannot serve as the foundation for an amendment: Since the original complaint was without legal effect, there was nothing to amend."); Jones ex rel.
discussed Cited "see" Ad Hoc Utilities Group v. United States
Ct. Intl. Trade · 2009 · signal: see · confidence high
See Williams v. Bradshaw, 459 F.3d 846 , 849 (8th Cir.2006) (holding that the caption “is entitled to considerable weight when determining who the plaintiffs to a suit are since plaintiffs draft complaints”).
discussed Cited "see, e.g." Jeremie J. Cooksey v. Cargill Meat Solutions Corporation (2×)
Iowa · 2013 · signal: see, e.g. · confidence low
See, e.g., Williams v. Bradshaw, 459 F.3d 846 , 849 (8th Cir.2006) (noting a caption is not determinative, but may be given considerable weight when determining who is a party); Marsh v. Butler County, 268 F.3d 1014 , 1023 n. 4 (11th Cir.2001) (explaining that the caption of a complaint is not part of the statement of the claim, but may be useful in settling ambiguities in the complaint); Greenwood v. Ross, 778 F.2d 448, 452 (8th Cir.1985) (noting the caption is not determinative as to who is party to the suit); Blanchard v. Terry & Wright, Inc., 331 F.2d 467, 469 (6th Cir.1964) (while United …
Retrieving the full opinion text from the archive…
Lateca Williams, Individually and on Behalf of the Heirs at Law of Teca Jordan, Deceased
v.
Scott Bradshaw, in His Individual Capacity Ty Basiliere, in His Individual Capacity Clint Tedford, in His Individual Capacity City of Nashville, Arkansas Howard County, Arkansas
06-1413.
Court of Appeals for the Eighth Circuit.
Aug 16, 2006.
459 F.3d 846

459 F.3d 846

Lateca WILLIAMS, Individually and on behalf of the Heirs at Law of Teca Jordan, Deceased, Appellant,
v.
Scott BRADSHAW, in his individual capacity; Ty Basiliere, in his individual capacity; Clint Tedford, in his individual capacity; City of Nashville, Arkansas; Howard County, Arkansas, Appellees.

No. 06-1413.

United States Court of Appeals, Eighth Circuit.

Submitted: June 16, 2006.

Filed: August 16, 2006.

W. David Carter, argued, Texarkana, TX, for appellant.

C. Joseph Cordi, argued, Little Rock, AR, for appellee.

Before ARNOLD and BEAM, Circuit Judges, and DOTY,[1] District Judge.

ARNOLD, Circuit Judge.

[*~846]1

Lateca Williams appeals the order of the district court[2] granting the defendants' motion for judgment on the pleadings, as well as its order denying her motion to amend her complaint. For the reasons stated below, we affirm.

2

Ms. Williams's mother, Teca Jordan, died while in police custody. Two years later, Ms. Williams sued the defendants under 42 U.S.C. § 1983, claiming that their conduct had violated Ms. Jordan's rights under the eighth and fourteenth amendments. The Arkansas statute of limitations period for personal injury suits is three years, see Ark.Code Ann. § 16-56-105(3), and that limitations period applies to § 1983 actions filed in Arkansas that allege a physical injury. Miller v. Norris, 247 F.3d 736, 739 (8th Cir.2001). In answering the complaint, one of the defendants maintained that Ms. Williams did not have standing to bring suit.

[*~846]3

Once the limitations period expired, all of the defendants moved for judgment on the pleadings, arguing that Ms. Williams lacked standing. Federal courts are to apply state law in deciding who may bring a § 1983 action on a decedent's behalf. See 42 U.S.C. § 1988(a); Andrews v. Neer, 253 F.3d 1052, 1056-57 (8th Cir. 2001). Under Arkansas law a wrongful-death action may be brought only by a personal representative or, if there is no personal representative, by the decedent's heirs at law. Ark.Code Ann. § 16-62-102(b). The plaintiff listed in the caption of the original complaint is "Lateca Williams, Individually and on Behalf of the Heirs at Law of Teca Jordan, Deceased." Ms. Williams was not the estate's personal representative when she filed the complaint, and Arkansas law states that "[i]f there is no personal representative of the deceased person, then the action shall be brought by all the heirs at law of the deceased." Ramirez v. White County Circuit Court, 343 Ark. 372, 381, 38 S.W.3d 298, 303 (2001). Since Ms. Jordan's other heirs were not listed as plaintiffs to the action, the defendants contended that the complaint did not meet the requirements of § 16-62-102(b).

4

After the defendants filed their motion, Ms. Williams sought to amend her complaint to reflect her new legal status as special administratrix of the estate and to raise additional claims. The defendants argued that despite the liberal amendment policy of Fed.R.Civ.P. 15(a), the district court should deny the motion. Because the original complaint did not comply with § 16-62-102(b), the argument ran, it was rendered a "nullity" under Arkansas law, see Rhuland v. Fahr, 356 Ark. 382, 390-92, 155 S.W.3d 2, 8-9 (2004), and thus there was no complaint to amend.

5

The district court granted the defendants' motion for judgment on the pleadings and denied Ms. Williams's motion to amend. We review a judgment on the pleadings de novo. Wishnatsky v. Rovner, 433 F.3d 608, 610 (8th Cir.2006). We will affirm only if Ms. Williams can prove no set of facts in support of her claim that would entitle her to relief. See, e.g., Palmer & Cay, Inc. v. Marsh & McLennan Cos., Inc., 404 F.3d 1297, 1303 (11th Cir.2005), cert. denied, ___ U.S. ___, 126 S.Ct. 567, 163 L.Ed.2d 499 (2005); cf. Botten v. Shorma, 440 F.3d 979, 980 (8th Cir.2006). We review the district court's denial of a motion to amend for an abuse of discretion. United States ex rel. Joshi v. St. Luke's Hosp., Inc., 441 F.3d 552, 555 (8th Cir.2006), petition for cert. filed, 75 U.S.L.W. 3009 (U.S. Jun 30, 2006) (No. 06-12).

[*~847]6

Because a wrongful-death action is a creature of statute in derogation of the common law, Arkansas courts narrowly construe the statute in determining if a complaint states a claim. St. Paul Mercury Ins. Co. v. Circuit Court of Craighead County, 348 Ark. 197, 206, 73 S.W.3d 584, 589 (2002). The Arkansas wrongful-death statute has been interpreted to mean that only one action can be brought for the death sued upon, Brewer v. Poole, 362 Ark. 1, 11, ___ S.W.3d ___ (2005), and where no personal representative has been appointed, that action must be brought by all of the decedent's heirs at law, Ramirez, 343 Ark. at 381, 38 S.W.3d at 303; Ark. Code Ann. § 16-62-102(b). Ms. Williams argues that her original complaint met that requirement by "identifying and asserting claims on behalf of all heirs at law." But bringing a claim on a person's behalf and having that person bring the claim on his or her own are two very different things.

7

Ms. Williams maintains that all of the heirs were indeed parties to the action. She points to the fact that the complaint named all of Ms. Jordan's heirs when it described who had been injured by the defendants' actions. We find this argument unavailing. Under the Federal Rules of Civil Procedure, the title of the action in a complaint "shall include the names of all the parties." Fed.R.Civ.P. 10(a); see also Ark. R. Civ. P. 10(a). While a caption is not determinative as to who is a party to a suit, Greenwood v. Ross, 778 F.2d 448, 452 (8th Cir.1985), we think that it is entitled to considerable weight when determining who the plaintiffs to a suit are since plaintiffs draft complaints. In addition, the first two paragraphs of the complaint listed the parties to the suit, but Ms. Williams is the only plaintiff mentioned. Finally, the complaint refers repeatedly to only a singular "plaintiff." We therefore conclude that the sole plaintiff in the original complaint was Ms. Williams and, because not all of Ms. Jordan's heirs were joined as plaintiffs, Ms. Williams lacked standing. The district court thus properly granted the motion for judgment on the pleadings.

8

The district court did not abuse its discretion in denying Ms. Williams's motion to amend. When, as here, a complaint amounts to a nullity, it cannot serve as the foundation for an amendment: Since the original complaint was without legal effect, there was nothing to amend. Granting the motion to amend would have been impossible. Cf. Jones ex rel. Jones v. Correctional Med. Servs., 401 F.3d 950, 952 (8th Cir.2005); Brewer, 362 Ark. at 14-15, ___ S.W.3d at ___. And in considering the amended complaint on its own, the district court correctly noted that its claims were barred by the statute of limitations.

[*~848]9

For the foregoing reasons, we affirm.

Notes:

1

The Honorable David S. Doty, United States District Judge for the District of Minnesota, sitting by designation

2

The Honorable Harry F. Barnes, United States District Judge for the Western District of Arkansas