Tyrone Andrews v. J. M. Daw, in His Individual Capacity
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Reversed and remanded by published opinion. Judge WILLIAMS wrote the opinion, in which Judge MICHAEL and Judge KING joined.
OPINION
WILLIAMS, Circuit Judge:
Tyrone Andrews appeals the district court’s Rule 12(b)(6) dismissal of his 42 U.S.C.A. § 1983 (West Supp.1999) lawsuit against North Carolina Highway Patrol Trooper J.M. Daw in Daw’s individual capacity. The district court dismissed Andrews’s suit on the ground of res judicata, reasoning that it was barred by the district court’s previous dismissal of a nearly identical suit brought by Andrews against Daw in Daw’s official capacity. We…
2Cases cited18 opinions
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