Legal Question in Constitutional Law in Kansas
Res Adjudicata 42 U.S.C. 1983
Is a civil rights violation filed under 42 U.S.C. 1983 subject to the doctrine of res judicata, when the civil rights violation is refiled under state law? In this instance is the claim barred, whether or not the 1983 action was decided on the merits?
Asked on 5/26/02, 10:44 am
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
Re: Res Adjudicata 42 U.S.C. 1983
A claim adjudicated under federal law bars the same claim from a subsequent adjudication under the same or similar state law.
Res adjudicata means "the thing has been adjudicated" and thus requires a determination on the merits; anything less does not constitute an adjudication.
A 1983 claim which has not been fully adjudicated under federal law does not bar a subsequent state determination because of res adjudicata.
Answered on 5/26/02, 12:33 pm
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