holding that the operative complaint frames the scope of the pleading which 19 be barred by res judicata, unless a supplemental pleading is filed bringing in events 20 || outside the scope
How later courts described this case
- holding that the operative complaint frames the scope of the pleading which 19 be barred by res judicata, unless a supplemental pleading is filed bringing in events 20 || outside the scope
- observing that with respect to res judicata, “the 11 scope of litigation is framed by the complaint at the time it is filed” and that “[t]he rule that a 12 judgment is conclusive as to every matter that might have been litigated does not apply to new 13 rights acquired pending the action which might have been, but which were not, required to be 14 litigated.”
- holding that claim preclusion barred segregation claims for acts occurring before prior lawsuit, but did not bar claims for acts occurring after prior lawsuit
- noting that res judicata would encompass acts “occurring prior to the commencement” of the prior litigation
Written by the judges who cited it.
The opinion
BROWNING, PREGERSON, NELSON, BOOCHEVER and NORRIS, Circuit Judges,
concur.