Simpson v. Rowan

ORDER

Collateral estoppel generally bars a plaintiff from relitigating in a suit under 42 U.S.C. § 1983 an issue that was decided against him in earlier state proceedings. See Allen v. McCurry, 449 U.S. 90, 101 S.Ct. 411, 66 L.Ed.2d 308 (1980); Donald v. Polk County, 836 F.2d 376, 381-82 (7th Cir.1988). The claim may proceed, however, if the plaintiff did not have a “full and fair opportunity” to litigate the issue in those earlier proceedings. See Allen, 449 U.S. at 95, 101 S.Ct. 411; Nowak v. St. Rita High School, 197 Ill.2d 381, 258 Ill. Dec. 782, 757 N.E.2d 471, 478 (2001). In this case,…