Legal Opinion

Tyrone Andrews v. J. M. Daw, in His Individual Capacity

Court of Appeals for the Fourth Circuit

Decided January 27, 2000No. 98-6329PublishedCited by 267 opinions

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

  1. Kentucky v. GrahamSupreme Court of the United States · 1985
  2. Montana v. United StatesSupreme Court of the United States · 1979
  3. Richmond, Fredericksburg & Potomac R. Co. v. ForstCourt of Appeals for the Fourth Circuit · 1993
  4. Breard v. GreeneSupreme Court of the United States · 1998
  5. Adam Ostrzenski, M.D. v. Mark S. Seigel, M.D., Adam Ostrzenski, M.D. v. Mark S. Seigel, M.D.Court of Appeals for the Fourth Circuit · 1999

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3Cited by267 opinions

  1. Johnson v. SpencerCourt of Appeals for the Tenth Circuit · 2020
  2. Mozafar H. Davani v. Virginia Department of Transportation Steven E. Welch William v. Johnson, Jr.Court of Appeals for the Fourth Circuit · 2006
  3. Goldstein v. GalvinCourt of Appeals for the First Circuit · 2013
  4. Q International Courier, Incorporated v. Glenn Smoak Jack L. Wuerker Brendan Kennedy Dennis Cornelius Tim Gay & Associates, PcCourt of Appeals for the Fourth Circuit · 2006
  5. Federal National Mortgage Ass'n v. Quicksilver LLCDistrict Court, M.D. North Carolina · 2015

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