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

Gary Kollin

Answered
  • Civil Rights Lawyer
  • Fort Lauderdale, FL

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

No two bites.

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