Case Explained: Pugh v. Oklahoma City Rescue MIssion, et al.

Court: United States Court of Appeals for the Tenth Circuit

Filed: 2026-07-07

Docket: 5:24-CV-00530-R)

The Tenth Circuit affirmed the district court’s dismissal of Damien Pugh’s employment discrimination and unemployment benefits claim without prejudice. The court held that the district court did not abuse its discretion in dismissing the case because Pugh failed to serve the defendants within the ninety-day period mandated by Rule 4(m) of the Federal Rules of Civil Procedure. The appellate panel found that Pugh did not demonstrate good cause for this failure, nor did he request an extension of time to complete service or provide evidence that proper service had been effected despite the case transfer. Consequently, the dismissal stands, and the plaintiff must refile the complaint if he wishes to pursue the action, subject to applicable statutes of limitations.

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