Elbert v. Carter, No. 16-4077 (8th Cir. 2018)Annotate this Case
In 2011, plaintiff filed suit against the city and others, in a 42 U.S.C. 1983 action alleging violations of the First and Fourth Amendments, as well as violations of state law. Plaintiff's claims stemmed from a no-knock forceful entry into a club.
Before final judgment in the first action, plaintiff filed the present suit, alleging claims arising from the events occurring at the club on the night of the no-knock entry. The Eighth Circuit held that the district court correctly ruled that res judicata barred Counts 1, 2, 5, and 8, because they involved claims against the same parties from the first action, and plaintiff could have brought the new claims in the first action. As to the remaining counts, the court held that they were properly dismissed because these claims arose out of the same raid, and involved defendants who could have been joined in the first action. As the district court explained, allowing plaintiff to circumvent the district court's ruling on his untimely motion for leave to amend in the first action by bringing a second action against the new defendants would unreasonably burden the parties and the court.
This opinion or order relates to an opinion or order originally issued on May 1, 2018.