Ciralsky v. Central Intelligence Agency
By Arizona Court of Appeals
- Release Date: 2004-01-30
- Genre: Law
Description
Adam J. Ciralsky appeals from the district courts dismissals without prejudice of both his complaint and his lawsuit against his former employer, the Central Intelligence Agency. The court ordered the dismissals on the ground that the complaint did not contain a short and plain statement of the claim, as required by Federal Rule of Civil Procedure 8(a)(2). Ciralsky also challenges the district courts denial of his subsequent motions under Rules 59(e) and 15(a) to alter the courts judgment and to amend his complaint. He argues that, due to a statute of limitations problem, the dismissals without prejudice effectively amounted to dismissals with prejudice. Although we do not find that the district court abused its discretion, we remand to permit that court to decide whether, in light of the limitations problem, the plaintiff should be given another opportunity to amend his complaint.
