Tuesday, February 26, 2013
Re: Appellant's attempt to amend his complaint to include FOIA claims regarding his request for evidence concerning his criminal case Disposition: Reversing and remanding district court determination that plaintiff could not amend his complaint
- Jurisdiction/Amendment of Complaint: The court holds that the district court erred in denying appellant "the opportunity to amend his complaint at least one time before it dismissed the action with prejudice." The court noted that it was "not clear that an amendment would be futile," and that "[u]nder the FOIA, the district court has jurisdiction 'to enjoin the agency from withholding agency records and to order the production of any agency records improperly withheld from the complainant.'"
Amending the Complaint
Court of Appeals
Updated August 6, 2014