Legal Opinion

Joseph F. Rinehart v. Gloria D. Locke, Administrator of the Estate of Arnold R. Locke, Deceased

Court of Appeals for the Seventh Circuit

Decided December 6, 1971No. 18808PublishedCited by 66 opinions

1Opinion of the Court

FAIRCHILD, Circuit Judge.

On June 17, 1970, plaintiff filed a complaint seeking damages and claiming that an arrest on November 24, 1964 deprived him of rights secured by the constitution. As one defense, defendants asserted that the matter was res judica-ta by virtue of dismissal on May 15, 1969 of a complaint based on the same arrest. The district court sustained the defense of res judicata and dismissed the action. Plaintiff appealed. Defendants also raised, in the district court and here, the defense that the period of limitations had expired.

The two complaints are identical in substance…

2Cases cited5 opinions

  1. Costello v. United StatesSupreme Court of the United States · 1961
  2. Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
  3. Leslie George Wakat v. Peter F. Harlib, Irwin Haviland, Harold T. Thompsen, Thomas J. Murphy and Thomas v. LyonsCourt of Appeals for the Seventh Circuit · 1958
  4. McElroy v. Catholic Press Co.Illinois Supreme Court · 1912
  5. Oerlikon MacHine Tool Works Buehrle & Co. v. United StatesUnited States Court of Claims · 1952

3Cited by66 opinions

  1. Rose v. BartleCourt of Appeals for the Third Circuit · 1989
  2. Larry Jerome Brooks v. City of Winston-Salem, North Carolina M.N. Barker, Individually and as a City Police OfficerCourt of Appeals for the Fourth Circuit · 1996
  3. James R. Wilson v. Linda A. Giesen, County of LeeCourt of Appeals for the Seventh Circuit · 1992
  4. Edward Lee Dunn v. The State of TennesseeCourt of Appeals for the Sixth Circuit · 1983
  5. Charles Thomas v. Warden Frank J. Pate, Luther W. Miller v. Illinois Dept. Of Correction, Illinois State Penitentiary, Warden Frank j.pateCourt of Appeals for the Seventh Circuit · 1974

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