Crostley, et al. v. Lamar County, TX, et al., No. 12-40288 (5th Cir. 2013)
Annotate this CasePlaintiffs filed a civil rights action against defendants seeking damages for injuries suffered as a result of their nine-month imprisonment. Plaintiffs were arrested for murder and the charges against them were eventually dropped. On appeal, plaintiffs challenged the district court's grant of summary judgment on the false arrest claim in favor of Defendants Brooks and McNeal, the grant of summary judgment on the malicious prosecution claim in favor of Brooks, and the denial of their motion for leave to amend. Because the district court did not certify as a final judgment its initial order dismissing the claims against Lamar County with prejudice, Lamar County was still a party to the suit at the time plaintiffs sought leave to amend their complaint. The district court thus abused its discretion in denying plaintiffs' motion for leave to amend. The district court did not, however, abuse its discretion when it denied plaintiffs leave to amend their complaint to add Defendant Keele to the litigation. Finally, the court affirmed the district court's orders granting summary judgment to defendants.
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