Q: After a state court judgment on a federal 1983 claim can you move complaint to a federal court?

I stupidly filed a section 1983 federal claim in an Ohio state court against persons employed by the state of Ohio. After receiving what can only be described as prejudicial treatment throughout and having appealed to the Ohio Supreme Court who denied jurisdiction I wish to take the claim to the federal court where I should have filed in the first place. Can I do this and if so, how?

1 Lawyer Answer

A: It is called res judicata or perhaps collateral estoppel.

No two bites.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.