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Case Citations [1] (Spring 2025)

handle is hein.ali/relwdmts0049 and id is 1 raw text is: THE AM ER ICAN LAW INSTITUTE Spring 2025 Citations JUDGMENTS CHAPTER 3. FORMER ADJUDICATION TOPIC 1. GENERAL RULES § 43. Effect of Judgment on Pending Action N.D.N.Y.2024. Cit. and quot. in sup. Shoppers filed a § 1983 claim against town, its police department, and town police officers, alleging that officers violated their civil rights by falsely arresting them as they tried to exit a retail store. After shoppers' related state-court action against the same defendants based on the same facts was dismissed with prejudice on the ground that plaintiffs failed to properly serve defendants and their claims were untimely, this court denied in part defendants' motion to dismiss, holding that the state-court action did not have preclusive effect on this action. The court noted, however, that it was irrelevant that plaintiffs commenced this action two days before the judgment in the state-court action was rendered, because, under Restatement of Judgments § 43, a valid and final judgment rendered in one action was conclusive in another action between the parties, even if the other action was commenced before the rendition of the judgment. Byrd v. Town of DeWitt, 698 F.Supp.3d 379, 391. CHAPTER 4. EFFECT OF JUDGMENTS WITH REFERENCE TO PERSONS TOPIC 2. PERSONS NOT PARTIES OR PRIVIES § 96. Successive Actions against Tortfeasors Where Duty of Indemnity C.A.4, 2024. Com. (g) cit. in case cit. in disc. Family members of a non-citizen who was the subject of a federal arrest warrant filed Fourth Amendment claims for excessive use of force and unlawful detention against federal officers who detained and questioned them while searching their home for non-citizen, and claims for state constitutional torts against the United States under the Federal Tort Claims Act (FTCA). The district court granted summary judgment for defendants. Affirming, this court held that the FTCA claims were properly dismissed, and that plaintiffs' alternative claims against individual officers COPYRIGHT 02025 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.