Background
LaNika Williams filed a civil rights action under Section nineteen hundred eighty-three of Title forty-two of the United States Code against the Myrtle Beach Police Department, the City of Myrtle Beach, and various officials. The district court accepted a magistrate judge’s recommendation to dismiss Williams as a plaintiff while allowing the claims of the remaining plaintiffs to proceed. Williams sought to appeal this order, while the appellees moved to dismiss the appeal for lack of jurisdiction.
The court’s reasoning
The court explained that it may exercise jurisdiction only over final orders under Section twelve hundred ninety-one of Title twenty-eight of the United States Code and certain interlocutory or collateral orders under Section twelve hundred ninety-two of Title twenty-eight of the United States Code. The court cited Hixson versus Moran, noting that ordinarily a district court order is not final until it has resolved all claims as to all parties. Because the order in question did not resolve all claims, it was not a final order.
Ordinarily, a district court order is not final until it has resolved all claims as to all parties.
Hixson v. Moran, 1 F.4th 297, 301 (4th Cir. 2021)
What it means going forward
The dismissal prevents the plaintiff from appealing the partial dismissal order until the district court resolves all claims against all parties, unless the order qualifies as a specific collateral order.
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