| Venue: | 7th Cir. |
| Facts: | A guy is an asinine parker of his cars. There are tickets, and then the car gets seized. There's a $10 garage fee. |
| Posture: | Fries sues seeking replevin. One suit is dismissed voluntarily when he gets his cars back. The other two get litigated. Victory for the city: they had the right to clear the street and take the car. Now Frier sues in federal court for lack of due process (§ 1983). Dismissed for failure to state a claim. |
| Issue: | Is Frier's federal suit precluded? |
| Holding: | Yes, affirmed. |
| Rule: | One suit precludes another where the evidence required to sustain the second verdict would sustain the first. |
| Reasoning: | The constitutional argument was available to him at the time of his replevin action. The operative facts are the same for both claims. He would have been barred from bringing the second suit in state court, so he is also in federal court. |
| Dicta: | Swygert, concurring: all claims arising from a single transaction need to be litigated together. |