James W. George v. J.D. White, Ron Jones, Robert L. Mothershed, John Johnson, John Chancery--Deceased

JOHNSON, Circuit Judge:

James W. George, a pro se Section 1983 plaintiff, appeals from a district court order granting summary judgment to the ap-pellees. The district court held that George’s three-count complaint was barred by the doctrine of res judicata. We affirm the summary judgment as to Counts I and II of the complaint, but reverse and remand for further proceedings on Count III.

George, an Alabama inmate, alleges that on September 1, 1981, he was the victim of three constitutional violations: (1) during a “major institutional shakedown” his lockers were forcibly opened by prison…