Alsterda v. Dart

Plaintiff, who was terminated from his employment as a corrections officer after he was accused of using excessive force, appealed from a trial court order dismissing his amended complaint on the basis that it was barred by the de facto officer doctrine. The appellate court affirmed, finding that plaintiff’s challenges to his termination were barred by res judicata, but that even if this did not apply to the case plaintiff’s claims were barred by the de facto officer doctrine. (FITZGERALD SMITH and LAVIN, concurring)