Dist. Ct. did not err in granting motion to dismiss by five of six defendants in section 1983 action alleging that said defendants (state officials) played role in improper revocation of plaintiff’s license to operate children daycare center, where revocation was based in part on allegations of child abuse and neglect. Said defendants were named parties in plaintiff’s prior lawsuit that was dismissed for failure to state valid cause of action based on same events as alleged in present lawsuit, and litigation in prior lawsuit had resulted in final judgment on merits. Dist. Ct. also did not err in dismissing instant lawsuit with respect to sixth defendant, even though plaintiff alleged that said defendant’s investigation of claim of child neglect against plaintiff led to daycare’s closure, since plaintiff failed to state claim under any constitutional provision or federal statute identified by plaintiff.
Federal 7th Circuit Court
Civil Court
Res Judicata