David Simmons v. Mike O'Brien

MAGILL, Circuit Judge.

David Simmons appeals the district court’s 1 dismissal without prejudice of his 42 U.S.C. 8 1983 claim that defendants, officers of the St. Louis Metropolitan Police Department, coerced his confession through the use of racial slurs and excessive physical force. Because the claims are barred by issue preclusion and should have been dismissed with prejudice, we affirm in part and reverse in part.

I

On August 20, 1990, officers of the St. Louis police department questioned Simmons about the murder of Meredith Marshall, Simmons’ girlfriend’s mother, and the theft of…