Welsh v. Correct Care, LLC

The filing of an amended complaint does not revive the plaintiff’s absolute right to dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i). The Fifth Circuit vacated the district court's dismissal of plaintiff's case with prejudice after he attempted to dismiss unilaterally without prejudice. In this case, plaintiff filed a state court action against Correct Care and others, alleging constitutional violations and other wrongs inflicted on him while he was in the custody of the Texas Civil Commitment Office. The court held that plaintiff was entitled to dismissal by notice under Rule 41(a)(1)(A)(i) without prejudice and without a court order against all defendants other than McLane. Because McLane filed an answer, the district court's dismissal of plaintiff's claim against him fell under Rule 41(a)(2), which allowed the court to impose conditions on the dismissal. View "Welsh v. Correct Care, LLC" on Justia Law