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ANDREWS v. DAW

No. 98-6329.

201 F.3d 521 (2000)

Tyrone ANDREWS, Plaintiff-Appellant, v. J.M. DAW, in his individual capacity, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 27, 2000.

Attorney(s) appearing for the Case

ARGUED: Jonathan H. Siegelbaum, Appellate Litigation Clinic, University of Virginia School of Law, Charlottesville, Virginia, for Appellant. Reuben Franklin Young, Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee. ON BRIEF: Neal L. Walters, Appellate Litigation Clinic, University of Virginia School of Law, Charlottesville, Virginia, for Appellant. Isaac T. Avery, III, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

Before WILLIAMS, MICHAEL, and KING, Circuit Judges.

Reversed and remanded by published opinion. Judge WILLIAMS wrote the opinion, in which Judge MICHAEL and Judge KING joined.

OPINION

WILLIAMS, Circuit Judge:

Tyrone Andrews appeals the district court's Rule 12(b)(6) dismissal of his 42 U.S.C.A. § 1983 (West Supp.1999) lawsuit against North Carolina Highway Patrol Trooper J.M. Daw in Daw's individual capacity. The district court dismissed Andrews's suit on the ground of res judicata, reasoning...

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