RINEHART V. LOCKE
454 F.2d 313 (7th Cir. 1971)
NATURE OF THE CASE: This was a Section 1983 action. Rinehart (P) appealed an order
dismissing his complaint in an action involving an arrest made without probable cause.
FACTS: P sued under 42. U.S.C. 1983 alleging that his arrest violated his constitutional
rights. The suit was dismissed because P failed to allege a lack of probable cause. P sought
leave to amend and it was denied. P then brought a second action a year later based on the
same arrest. This complaint included an alleged lack of probable cause. The suit was
dismissed under res judicata. P appealed. The two complaints are identical in substance
except that an averment that the arrest was made without probable cause was included in the
second, but not the first.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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