HEADLEY v. BACON

No. 86-2512NE.

828 F.2d 1272 (1987)

Teresa L. HEADLEY, Appellant, v. Howard BACON, Individually and in his official capacity; Bernell Schum, Individually and in his official capacity; and Deputy Chief Gary Piel, Individually and in his personal capacity, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 9, 1987.


Attorney(s) appearing for the Case

Thom K. Cope, Lincoln, Neb., for appellant.

Kenneth H. Elson, Grand Island, Neb., for appellees.

Before LAY, Chief Judge, HEANEY, Circuit Judge, and ROSENN, Senior Circuit Judge.


ROSENN, Senior Circuit Judge.

In this appeal we examine the circumstances under which defendants in a civil action may be said to be in privity for res judicata purposes with the defendant in a previous action brought by the same plaintiff on the same set of facts. Because we conclude that the interests of the defendant police force officials in the present action were not adequately congruent to those of their employer, the defendant city in the previous action,...

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