The Fourth Circuit affirmed a district court order dismissing a pro se civil complaint alleging a First Amendment Free Exercise violation. The appellate court held that the appellants forfeited their right to appellate review by failing to challenge the basis for the dismissal in their informal brief.
Appellants Heather H. Crossman and The PusssyKat ParTea appealed a district court order dismissing their amended civil complaint under 28 U.S.C. Section nineteen fifteen, subsection five, paragraph two, subsection B, paragraph two. The complaint alleged a violation of the Free Exercise Clause of the First Amendment.
The court’s reasoning
The court confined its review to the issues raised in the appellants’ informal brief. Because the brief did not challenge the basis for the district court’s disposition, the appellants forfeited appellate review of the order. The court cited Jackson v. Lightsey to establish that the informal brief is the controlling document for preserving issues in this circuit.
What it means going forward
The decision reinforces that pro se litigants must explicitly challenge the legal basis for a dismissal in their informal briefs to preserve the issue for appeal in the Fourth Circuit.
