Legal Opinion
Robert Wade v. City of Pittsburgh, Victor Muto and William Burke
Court of Appeals for the Third Circuit
Decided July 26, 1985No. 84-3590PublishedCited by 64 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
In this civil rights case, the district court, relying on a state court judgment in a common law negligence suit arising out of the same occurrence, applied the bar of res judicata. Because the state judgment was based on statutory immunity not germane to the federal suit, we conclude that claim preclusion is not applicable. Accordingly, we will vacate the judgment in favor of defendants.
In the federal court suit, plaintiff charged that he was illegally arrested and assaulted by defendant police officers Muto and Burke. For the resulting physical and…
2Cases cited26 opinions
- Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
- Martinez v. CaliforniaSupreme Court of the United States · 1980
- Testa v. KattSupreme Court of the United States · 1947
- Safeguard Mutual Insurance v. WilliamsSupreme Court of Pennsylvania · 1975
- Hartmann v. Time, Inc.Court of Appeals for the Third Circuit · 1948
21 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Hedges v. MuscoCourt of Appeals for the Third Circuit · 2000
- Gregory v. ChehiCourt of Appeals for the Third Circuit · 1988
- Deanna Turner v. Crawford Square Apartments Iii, L.P. McCormack Baron Management Services, IncCourt of Appeals for the Third Circuit · 2006
- M.U. ex rel. Urban v. Downingtown High School EastDistrict Court, E.D. Pennsylvania · 2015
- Tonka Corp. v. Rose Art Industries, Inc.District Court, D. New Jersey · 1993
59 more not listed; retrieve them via the Exa API.