Brooks v. Arthur, 09-1551

Res judicata does not bar plaintiffs' suit against former employer

Brooks v. Arthur, 09-1551, concerned a challenge to the  district court's dismissal of plaintiffs' section 1983 claims in concluding that the doctrine of res judicata barred the claims because the allegations made therein had been resolved administratively, in former correctional officers' suit against their former supervisors, in their individual capacities, asserting retaliation under 42 U.S.C. section 1983. In vacating the judgment, the court remanded the matter in concluding that there was no privity between the Department of Corrections and the defendants in their individual capacities.

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• Read the Fourth Circuit's Full Decision Brooks v. Arthur, 09-1551