What is the point of the "without prejudice" rule? A district court is permitted to dismiss a case without prejudice if a defendant has not been served within 120 days after a complaint is filed.This section provides an overview of the types of evidence necessary to prove intentional discrimination under Title VI. A defendant from a lawsuit without prejudice. I dissent from the legalization of racism. Racial discrimination in any form and in any degree has no justifiable part whatever in our democratic way of life. Prejudice exists in society. Firstly we should know literal meaning of the word 'prejudice'. Missed without prejudice. That is not the case.