Harrison v. Springdale Water & Sewer Commission

BOWMAN, Circuit Judge.

Plaintiffs Rondell and Sharon Harrison appeal from the District Court’s dismissal of their federal civil rights action under 42 U.S.C. §§ 1983 & 1985. For the reasons stated below, we hold that the factual allegations in the complaint are sufficient to state a cause of action under section 1983 for infringement of plaintiffs’ constitutional right of access to the courts and that such a claim is not barred by res judicata, but that the complaint fails to state a cause of action under section 1985. We therefore reverse in part, affirm in part, and remand this cause to the…