Czarniecki v. City of Chicago

Dist. Ct. did not err in dismissing on res judicata grounds plaintiff's Title VII action alleging national origin discrimination where Dist. Ct. had previously dismissed without prejudice plaintiff's prior section 1983 action alleging same national origin discrimination claim against defendant and others. Dismissal without prejudice can support res judicata claim where, as here, Dist. Ct. had granted defendant's motion for summary judgment prior to case being dismissed without prejudice. Fact that Title VII action presented different theory of liability and contained additional state-law claim for emotional distress did not require different result. Moreover, fact that EEOC had not yet issued right-to-sue letter at time section 1983 action had been filed did not preclude application of res judicata.