Kissner v. Loma Prieta Joint Union School District

Background

On February 16, 2022, David M. Kissner sued the Loma Prieta Joint Union School District and several school officials under 42 U.S.C. § 1983. He alleged retaliation for exercising his First Amendment right to engage in political speech, along with related state-law violations. Kissner filed an amended complaint on March 8, 2022, and then moved under Federal Rule of Civil Procedure 15(a) for permission to file a second amended complaint. No defendant had appeared in the case.

Legal standard

Rule 15(a)(2) generally directs courts to freely allow amendments when justice requires. A court may deny leave if the amendment would cause undue prejudice, was sought in bad faith, would be futile, or would cause undue delay. In the absence of prejudice or a strong showing of those other factors, there is a presumption favoring amendment.

Ruling

The court reviewed the proposed second amended complaint and found that its changes clarified and corrected the prior pleading without adding claims or parties. The court also found that the amendments were not sought in bad faith, would not cause undue delay, and would not prejudice the defendants given the early stage of the case.

The court granted Kissner’s motion for leave to file a second amended complaint. It ordered him to file the complaint separately no later than March 21, 2022. The order was signed by Virginia K. Demarchi, United States Magistrate Judge.