Brown v. City of Chicago

Federal 7th Circuit Court
Civil Court
Res Judicata
Citation
Case Number: 
No. 13-2020
Decision Date: 
November 13, 2014
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed and reversed in part
Dist. Ct. did not err in dismissing plaintiff’s racial discrimination and retaliation claims on grounds of res judicata, where state court had previously dismissed on merits similar harassment claim arising out of his employment with defendant and dismissed without prejudice similar retaliation claim. While voluntary dismissal of claim ordinarily does not invoke res judicata doctrine because said dismissal is not judgment on merits, instant voluntary dismissal did invoke res judicata doctrine where other claim in dismissed lawsuit had been dismissed on merits, and where, as here, state court did not adequately identify reservation of plaintiff's right to re-file voluntarily dismissed claim. Moreover, plaintiff could not split his discrimination claim between state and federal courts, where retaliation and harassment claims arose out of actions from same supervisor.