Webb v. Alabama, Department of Pensions & Security

JOHNSON, Circuit Judge:

This action is brought under 42 U.S.C.A. § 1983. The district court first abstained from ruling to await the conclusion of state proceedings. The Alabama Supreme Court rendered judgment adversely to the plaintiff, Wendell Webb, and the defendants moved the district court for summary judgment on grounds of res judicata or collateral estoppel. The summary judgment motion was granted on April 9, 1987. We reverse the summary judgment because *1519Webb’s section 1983 claims are barred by neither res judicata nor collateral estoppel.

I. Background

Wendell Webb had care of a foster…