DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
062838P.pdf 08/28/2007 Joshua D. Baker v. Eric Chisom
U.S. Court of Appeals Case No: 06-2838
U.S. District Court for the Eastern District of Arkansas - Pine Bluff
[PUBLISHED] [Loken, Author, with Gruender and Benton, Circuit
Judges]
Civil case - Civil rights. Because plaintiff's initial complaint against the
defendants was silent as to whether he was suing them in their individual
capacities, the initial suit stated only an official capacity claim; as a
result, for statute of limitations purposes, the individual capacity claims
were raised for the first time in the second complaint and were time
barred; official capacity claims were barred by the doctrine of res judicata
as the issues raised in the claims had been resolved in the judgment
granted in the first suit; district court did not err in dismissing pendent
state claims with prejudice. Judge Gruender, concurring in part and
dissenting in part.