Negligence : Wrongful Incarceration – Res Judicata – Public Duty Doctrine

Where a man who was wrongfully incarcerated for 23 years brought claims of negligence and negligent performance of assumed duty against county lab technicians for what he alleged was negligent performance in locating evidence, his claims could have been brought in federal court in a prior proceeding and thus are barred by res judicata, and the technicians did not owe a duty to the man individually, so the application of the public duty doctrine prevents him from being able to prove all of the elements of negligence and summary judgment for the defendants was appropriate.

Judgment is affirmed.

Briscoe v. Walsh (MLW No. 67635/Case No. ED100909 – 10 pages) (Missouri Court of Appeals, Eastern District, Sullivan, J.) Appealed from circuit court, St. Louis County, Bresnahan, J. (Johnny Briscoe, pro se) (Micki Wochner and Michael Hughes for respondent).

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