Davis v. Dallas Area Rapid Transit
United States Court of Appeals for the Fifth Circuit
383 F.3d 309 (2004)
Davis and Johnson (plaintiffs), DART police officers, sued for discrimination and retaliation in a first lawsuit (Davis I), which was dismissed with prejudice; they then filed a second lawsuit (Davis II) alleging further discrimination and retaliation arising from the same general transaction, explaining that those later claims weren't included in Davis I because they were still awaiting an EEOC right-to-sue letter, a Title VII prerequisite, when Davis I was filed. DART moved for summary judgment on res judicata grounds as to most Davis II claims, the district court agreed, and the employees appealed.
Whether a claim is precluded if it was not raised in a previous suit because it was not ripe to be litigated.