Frier v. City of Vandalia
Seventh Circuit
770 F.2d 699 (7th Cir. 1985)
Frier (plaintiff) repeatedly parked cars in the street in violation of police warnings, and the City of Vandalia (defendant) eventually had four of his cars towed and stored. Frier first sued in state court for replevin, arguing the cars were taken without lawful process, and the state court ruled for the city, finding it had the right to remove the cars. Frier then sued in federal court, this time alleging the towing violated his due process rights because he was never given a hearing before or after the towing.
Whether claim preclusion bars a second lawsuit against the same defendant, based on a due-process theory, when it arises from the same core facts as an earlier replevin suit that was already litigated to judgment.