Garrison v. Biden

Background

Steve Garrison, identified in the opinion as a California prisoner proceeding without an attorney, filed a civil-rights action against President Joe Biden, Vice President Kamala Harris, the “NFL Commission,” and the “NBA Commission.” The complaint also listed a number of current and former professional athletes, musicians, and actors as additional plaintiffs.

Those additional plaintiffs did not sign the complaint as required by Rule 11(a) of the Federal Rules of Civil Procedure. The court also explained that Garrison could not represent them because he was not an attorney, and that he could not serve as a class representative in a class action. The court therefore struck the complaint to the extent it listed plaintiffs who had not signed it—meaning all plaintiffs other than Steve Garrison.

Voluntary dismissal and attorney’s fees

The defendants had not been served. Under Rule 41(a)(1), a plaintiff may voluntarily dismiss an action before the opposing party serves an answer or a motion for summary judgment. The court stated that this right leaves no role for the court to play in deciding the merits and that Garrison therefore had the right to dismiss the case.

Garrison also stated that he wanted attorney’s fees, identifying rates or amounts that the opinion recounts. The court rejected that request, explaining that attorney’s fees under 28 U.S.C. § 1988 are available to a prevailing party in a case under 42 U.S.C. § 1983, and that Garrison was not a prevailing party.

Disposition

The court struck the complaint in part as to the unsigned additional plaintiffs. It granted the motion for voluntary dismissal and dismissed the case without prejudice. The Clerk was ordered to enter judgment and close the file. The order disposed of docket number 8.