Michael Bradley v. Jack Reno, Jr.

OPINION

SUTTON, Circuit Judge.

An Ohio court found probable cause that Michael Bradley was driving while intoxicated. Yet a jury acquitted him on the charge, after which Bradley sued the arresting officer in federal court under § 1983 for arresting him without probable cause. Does the trial court’s probable-cause finding trigger issue preclusion — the rule that a party who litigates and loses an issue in one case may not re-litigate it again in another — even though the acquittal insulated the finding from appeal? No, we hold.

I

Around 10:30 pm on April 24, 2011, as Ohio State Trooper Jack Reno…