Rinehart v. Locke
United States Court of Appeals for the Seventh Circuit
454 F.2d 313 (7th Cir. 1971)
In 1969, the plaintiff sued claiming his constitutional rights were violated during an arrest; the district court dismissed for failure to state a claim, specifically because he hadn't alleged a lack of probable cause, without stating the dismissal was without prejudice. In 1970, the plaintiff refiled an identical complaint, this time adding an allegation that the arrest lacked probable cause. The district court dismissed the new complaint as barred by res judicata based on the 1969 dismissal, and the plaintiff appealed.
Whether a dismissal for failure to state a claim operates as res judicata when the court does not specify that the dismissal is without prejudice.