United States Eighth Circuit

In a 42 U.S.C. section 1983 suit brought by an arrestee who was choked and tasered in the head while handcuffed, raising claims of excessive force, deliberate indifference, failure to train and supervise, and failure to maintain adequate County policies, dismissal of the claims is affirmed as: 1) as plaintiff's initial complaint against defendants was silent as to whether he was suing them in their individual capacities, the initial suit stated only an official capacity claim; 2) thus, individual capacity claims raised for the first time in a second complaint were time barred; and 3) official capacity claims were barred by the doctrine of res judicata.

Appellate Information

• Decided 08/28/2007
• Published 08/28/2007

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, GRUENDER and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• William C. Plouffe, Jr., argued, El Dorado, AR, for appellant.


• For Appellees:
  
• Jason E. Owens, argued, Michael R. Rainwater, on the brief, Little Rock, AR, for appellee.