Arthur Brown v. Kansas City Live, LLC
Opinion
The district court 1 dismissed Arthur Brown's lawsuit after concluding it was barred under the doctrine of res judicata. We affirm.
I. Background
Brown's lawsuit stems from events that occurred at the Power and Light District in Kansas City, Missouri. After purchasing a few drinks at an outdoor bar, Brown sought to enter the bar's associated restaurant to use the bathroom. When he came out, three men told him he was trespassing and needed to leave. Brown alleges the men cursed at him, using racial slurs, and pushed Brown out of the restaurant. Brown then walked directly to two nearby police officers and stated he wanted to file a complaint. The officers detained Brown at a security guard office and eventually let him go, after giving him a ticket for trespassing.
Brown then filed a claim in Missouri state court against Kansas City Live, LLC; Kansas City Live Entertainment Block 126, LLC; Downtown Irish Pub, LLC, doing business as The Dubliner; First Response, Inc., Security Officer Rosenberger; Security Officer Springer; and Mike Sosa (collectively "K.C. Live") for assault, battery, false imprisonment, negligence, and malicious prosecution. After Brown's attorney did not timely respond to discovery requests, did not respond to a motion to compel, and violated that court's order directing him to respond to the discovery *714 request, the state court sanctioned Brown. After continued failure by Brown's attorney to provide responses and to comply with court orders, the state court dismissed the case with prejudice. Brown hired a new attorney and filed a motion to reconsider, which was denied.
Brown then filed this suit in federal court. The complaint alleged identical factual allegations, but sought relief under
II. Analysis
"We review de novo the district court's grant of a motion to dismiss for failure to state a claim based on res judicata ... [and] accept the plaintiff's factual allegations as true."
Schwartz v. Bogen
,
As the judgment was issued by a Missouri court, Missouri res judicata law applies.
See
Brown v. St. Louis Police Dept.
,
There is no real dispute that the first two elements of res judicata are met. The state court had jurisdiction. The state court's decision - which dismissed Brown's case with prejudice - was a final judgment. In Missouri, a dismissal with prejudice is considered a judgment "on the merits."
Greasel Conversions, Inc. v. Massa
,
As to the third element, there is no dispute that the parties are the same in both cases, but Brown does argue the present case arises from a different cause
*715
of action. We disagree. "Separate legal theories are not to be considered as separate claims, even if 'the several legal theories depend on different shadings of the facts, or would emphasize different elements of the facts, or would call for different measures of liability or different kinds of relief.' "
King Gen. Contractors, Inc.
,
Brown asserted in federal court the factual allegations verbatim from his state court complaint, which was dismissed with prejudice. Brown argues the § 1981 claim is a different cause of action from the state tort law claims because it has different elements. While Brown is correct that the two claims have different elements, for the purposes of res judicata "a court looks to the factual bases for the claims, not the legal theories."
Chesterfield Village, Inc.
,
Brown has asserted the same cause of action against the same party in federal court that he did in the state court, which had jurisdiction and entered a final judgment. Therefore, this suit is barred by res judicata.
III. Conclusion
For the reasons set forth herein, we affirm.
The Honorable Howard F. Sachs, United States District Judge for the Western District of Missouri.
Reference
- Full Case Name
- Arthur Wayne BROWN, Plaintiff - Appellant v. KANSAS CITY LIVE, LLC; Kansas City Live Entertainment Block 126, LLC; Downtown Irish Pub, LLC, Doing Business as the Dubliner; First Response, Inc.; Security Officer Rosenberger; Security Officer Springer; Mike Sosa, Defendants-Appellees
- Cited By
- 17 cases
- Status
- Published