United States Sixth Circuit

Claim preclusion does not bar certain civil rights claims against U.S. Postal Service employees in their official capacities, because of the rule of differing capacities; the Family Medical Leave Act precludes individual capacity claims against a public employer.

Appellate Information

• Argued 02/07/2003
• Decided 09/11/2003
• Published 09/11/2003

Judges

• Before:  GILMAN and GIBBONS, Circuit Judges;  ECONOMUS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Sharon K. Morris,James M. Morris (argued and briefed), Morris & Morris, Lexington, KY, for Plaintiff-Appellant., Joey L. Mitchell, Lexington, KY, pro se.


• For Appellees:
  
• John S. Osborn, III, Asst. U.S. Attorney, Lexington, KY, Mark B. Stern (briefed), Sharon Swingle (argued and briefed), U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, for Defendants-Appellees.