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Retaliation Claim Legitimate, Res Judicata Claim Not

Loaded on May 15, 2007

Filed under: Retaliation for Litigating, Civil Procedure, Res Judicata. Location: New York.

A New York state prisoner brought a § 1983 action against prison authorities alleging retaliation for previous legal action. Prison officials introduced motion for summary judgment asserting principle of res judicata. The U.S. District Court for the Southern District of New York held: 1) For retaliation to be shown, "plaintiff ...

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