Rogers v. City of Whitehall

This court is confronted with the following issues: (1) Whether appellee Rogers’ action and judgment in his favor in the federal court is res judicata to the unpaid salary action he brought in the Court of Common Pleas of Franklin County; (2) What is the legal significance of the covenant not to sue executed at the time of the settlement of the federal suit?

Appellee argues that the claim for unpaid salary he had against Whitehall was not included in the Section 1983 civil rights action he brought in the federal court. The federal action, he contends, sounded in tort and the later complaint…