Keller v. Monroe County Sheriff's Department
Keller v. Monroe County Sheriff's Department
Opinion of the Court
ORDER
Daniel Keller appeals from the dismissal of his civil rights suit against the Monroe County Sheriffs Department, which Keller calls the “Police Department,” on the basis of res judicata. We affirm.
In late 2011 Keller sued the Monroe County Sheriffs Department for wrongly framing and investigating him in connection with murders that purportedly occurred decades earlier. The district court allowed Keller to proceed in forma pauperis but dismissed his complaint under 28 U.S.C. § 1915(e)(2)(B)(ii), finding that his claims were barred by res judicata because he had lost a nearly identical lawsuit just months earlier. In that earlier proceeding, in which Keller also proceeded in forma pauperis, the court informed him of pleading deficiencies in his complaint and two amended complaints before ultimately dismissing his third amended complaint under § 1915(e)(2)(B)(ii) for failing to allege a facially plausible claim for relief. Keller v. Monroe County Sheriff's Dep’t, No.1:11-cv-387-JMS-DML (S.D.Ind. May 12, 2011). We dismissed his appeal in that case after he failed to pay the docketing fee. See Cir. R. 3(b).
In this appeal Keller reasserts his charges against the Sheriffs Department and adds that they have been responsible for new crimes since the dismissal of his prior suit.
We agree with the district court that Keller’s second suit is barred by res judi
Accordingly, we AFFIRM the judgment of the district court.
Reference
- Full Case Name
- Daniel KELLER v. MONROE COUNTY SHERIFF'S DEPARTMENT
- Cited By
- 1 case
- Status
- Published