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STUDIO ART THEATRE v. CITY OF EVANSVILLE, INDIANA

No. 95-2374.

76 F.3d 128 (1996)

STUDIO ART THEATRE OF EVANSVILLE, INCORPORATED, and William Montrose, Plaintiffs-Appellants, v. CITY OF EVANSVILLE, INDIANA, Art Gann, Chief of Police of the Evansville Police Department, Stanley Levco, Prosecutor of the County of Vanderburgh, Indiana, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 31, 1996.

Rehearing and Suggestion for Rehearing Denied March 22, 1996.

Attorney(s) appearing for the Case

Theodore Lockyear, James A. Kornblum, Lockyear & Kornblum, Evansville, IN, Lee J. Klein, Okemos, MI, Bradley J. Shafer (argued), Shafer & Associates, Lansing, MI, for Plaintiffs-Appellants.

David Bunner, Evansville, IN, for City of Evansville, Indiana and Art Gann.

Wayne E. Uhl, Janice E. Kreuscher (argued), Office of the Attorney General, Indianapolis, IN, for Stanley Levco, Pamela Carter.

Before CUMMINGS, CUDAHY and FLAUM, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied March 22, 1996.

CUMMINGS, Circuit Judge.

This appeal involves application of issue preclusion (collateral estoppel) and claim preclusion (res judicata) under Indiana law. Studio Art Theatre of Evansville, Indiana, and its president William Montrose filed this suit pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 2201 alleging that an Indiana statute violated various provisions of the federal Constitution...

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