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SIMMONS v. O'BRIEN

No. 95-1173.

77 F.3d 1093 (1996)

David SIMMONS, Appellant, v. Mike O'BRIEN, Detective, Captain; William Turner, Lieutenant; Don Gault, Detective; Patrick Conway, Detective; M.J. Walsh, Detective; City of Overland, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 4, 1996.

Attorney(s) appearing for the Case

JoAnn Trog of St. Louis, Missouri, argued, for appellant.

Priscilla F. Gunn of St. Louis, Missouri, argued, for appellee.

Before WOLLMAN, MAGILL, and LOKEN, Circuit Judges.

MAGILL, Circuit Judge.

David Simmons appeals the district court's1 dismissal without prejudice of his 42 U.S.C. § 1983 claim that defendants, officers of the St. Louis Metropolitan Police Department, coerced his confession through the use of racial slurs and excessive physical force. Because the claims are barred by issue preclusion and should have been dismissed with prejudice, we affirm in part and reverse in part.

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