Legal Opinion · Dissent

Frazier v. King

Court of Appeals for the Fifth Circuit

Decided May 30, 1989No. Nos. 87-4903, 88-4164Published

1DissentEdith H. Jones, Circuit Judge

This is a difficult and novel case as to which differences of opinion may legitimately be held. With deference, I dis*828agree with the majority’s suggestion that a federal claim preclusion rule may apply to Mrs. Frazier’s § 1983 claim, and I am uncertain whether they have properly articulated Louisiana claim preclusion law. I therefore dissent in part.

The majority write that it is not necessary to “decide whether state or federal rules of claim preclusion apply in this [case] because ... we find that neither forums’ claim preclusion rules bar Frazier’s § 1983 claim.” I dissent from the…

2Cases cited10 opinions

  1. Allen v. McCurrySupreme Court of the United States · 1980
  2. Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
  3. Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
  4. United States v. Utah Construction & Mining Co.Supreme Court of the United States · 1966
  5. University of Tennessee v. ElliottSupreme Court of the United States · 1986

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