When a Virginia court dismisses a case, the dismissal order may state that the dismissal of the case is either "with prejudice" or "without prejudice." An order dismissing a complaint without prejudice is an appealable final order when no amendment could save the plaintiff's action.A judge may dismiss a case without prejudice in order to allow for errors in the case presented to be addressed before it is brought back to court. If you believe that you or someone else experienced unlawful discrimination, you can report a civil rights violation. 1. Report using our online form. Virginia Code § 8.01-380. A charge of discrimination can be completed through our online system after you submit an online inquiry and we interview you. A judge must perform judicial duties without bias or prejudice. (See Va. Code § 8.01380). Responsibility of working to eliminate discrimination in West Virginia.