Kitchen v. Heyns

Kitchen filed a pro se lawsuit against 22 Michigan Corrections Officers, alleging constitutional violations at two different prisons. Because Civil Rule 20(a)(2) does not allow such joinder, the district court dismissed (without prejudice) 15 defendants, invoking Civil Rule 21, which allows the court to correct the improper joinder of parties. The Sixth CIrcuit dismissed, stating that appellate jurisdiction does not exist over an appeal from a Civil Rule 21 order dismissing some but not all of the defendants in a lawsuit. The district court dropped defendants. It did not sever the claims and enter final judgment. It idid not enter judgment at all as to any of the defendants. View "Kitchen v. Heyns" on Justia Law