Legal Opinion

Paul Peter Pasterczyk v. Michael v. Fair

Court of Appeals for the First Circuit

Decided May 29, 1987No. 86-1383PublishedCited by 20 opinions

1Opinion of the Court

TORRUELLA, Circuit Judge.

Before us is an appeal from the district court’s entry of summary judgment dismissing appellant’s complaint under 42 U.S.C. § 1983 on the ground of res judicata (claim preclusion). The issue is whether a state court judgment favorable to appellant bars a subsequent federal civil rights, action for damages against the same defendants and based on similar facts. We find that Massachusetts courts would give a claim preclusive effect to the judgment; thus, we affirm.

Background

The material facts are undisputed. In December 1976, appellant was convicted in Massachusetts on…

2Cases cited14 opinions

  1. Preiser v. RodriguezSupreme Court of the United States · 1973
  2. Allen v. McCurrySupreme Court of the United States · 1980
  3. Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
  4. Martinez v. CaliforniaSupreme Court of the United States · 1980
  5. Williams v. WardCourt of Appeals for the Second Circuit · 1977

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3Cited by20 opinions

  1. Burgos v. HopkinsCourt of Appeals for the Second Circuit · 1994
  2. Burgos v. HopkinsCourt of Appeals for the Second Circuit · 1994
  3. Carl Kale v. Combined Insurance Company of AmericaCourt of Appeals for the First Circuit · 1991
  4. Andrew Robinson International, Inc. v. Hartford Fire InsuranceCourt of Appeals for the First Circuit · 2008
  5. United States v. CunanCourt of Appeals for the First Circuit · 1998

15 more not listed; retrieve them via the Exa API.

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