Ludwig v. Twp. of Van Buren, No. 10-1208 (6th Cir. 2012)
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Plaintiff, an exotic dancer, challenged the nudity ordinances of Van Buren Township under 42 U.S.C. 1983. Plaintiff works for Garter Belt, an entity that operates a strip club and is currently enjoined from violating the Van Buren nudity ordinances, as a result of a prior suit, in which Garter Belt unsuccessfully challenged the ordinances. In light of the previous suit, the district court dismissed plaintiff's action on res judicata grounds, reasoning that her interests had been adequately represented by Garter Belt in the previous suit. The Sixth Circuit affirmed. For purposes of her dancing at the club operated by Garter Belt, plaintiff became bound by the injunction when she accepted her employment-like contractual arrangement with a corporation that was bound by a permanent injunction. If a party litigates against a corporation, and obtains injunctive relief, claim preclusion should protect the party against future litigation raising the same issue and seeking the same result.
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