AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies
& Personnel
Defenses: Issue Preclusion
An arrestee was
precluded from pursuing a state court lawsuit against a city and its police
officers claiming harassment and excessive use of force where he had previously
filed a federal lawsuit against the city raising the same claims based
on the same facts and circumstances, which the federal court found to be
frivolous. Black v. City of Tupelo, No. 2002-CA-01919-SCT, 853 So. 2d 1221
(Miss. 2003). [N/R]
332:116 Motorist whose lawsuit against the
state of North Carolina and a state trooper in his official capacity were
previously dismissed on Eleventh Amendment grounds could still file a second
lawsuit, making identical claims, against the trooper in his individual
capacity. Andrews v. J.M. Daw, #98-6329, 201 F.3d 521 (4th Cir. 2000).
333:131 City could not be held liable for
alleged failure to adequately train officers in the use of deadly force
when there was no showing that officers did anything wrong in firing at
men who had fired at them and then attempted to run away; plaintiffs could
not relitigate the issue of whether they had fired at the officers after
they were convicted of assault on a police officer, which resolved the
same factual question. Jones v. City of St. Louis, No. 4:98 CV 2158 DDN,
92 F.Supp. 2d 949 (E.D. Mo. 2000).
286:154 Suspect convicted of second-degree
murder after his motion to suppress his confession as coerced was denied
was precluded from later pursuing federal civil rights lawsuit based on
alleged coercion of confession through physical force and racial slurs;
state court's consideration of suppression motion gave him a "full
and fair" opportunity to litigate issue of confession and he was barred
by "issue preclusion" from relitigating it. Simmons v. O'Brien,
77 F.3d 1093 (8th Cir. 1996).