Willie F. Allen, D/B/A Willie F. Allen Janitorial Service v. Greenville County, a Political Subdivision

I respectfully dissent.

The majority concludes that the instant § 1983 action is barred by the prior state court judgment “because the [§ 1983] claim clearly could have been raised in Allen’s earlier state court action.”

This may reflect an entirely correct application of the modem “transactional” approach to determining the scope of claims, hence the claim-preclusive effect of prior judgments under res judicata principles, see Restatement (Second) of Judgments § 24 & comment a (1982). But it does not accurately reflect my reading of South Carolina res judicata law, which 28 U.S.C. § 1738…