Ernest F. Walters v. Walter Kautzky

79 F. App'x 947
CourtCourt of Appeals for the Eighth Circuit
DecidedNovember 3, 2003
Docket03-1275
StatusUnpublished

This text of 79 F. App'x 947 (Ernest F. Walters v. Walter Kautzky) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ernest F. Walters v. Walter Kautzky, 79 F. App'x 947 (8th Cir. 2003).

Opinion

PER CURIAM.

Iowa inmates Ernest Walters, Chris Le-Gear, and Montez Shortridge appeal the district court’s 1 adverse grant of summary judgment in their 42 U.S.C. § 1983 action. Upon de novo review, see Anderson v. Larson, 327 F.3d 762, 767 (8th Cir.2003), we agree with the district court that a prior action in Iowa state court bars this federal action under the Iowa doctrine of res judicata. See Migra v. Warren City Sch. Dist. Bd. of Educ., 465 U.S. 75, 81, 104 S.Ct. 892, 79 L.Ed.2d 56 (1984) (federal court gives state court judgments same preclusive effect judgment would receive under law of rendering state); Arnevick v. Univ. of Minn. Bd. of Regents, 642 N.W.2d 315, 319 (Iowa 2002) (subsequent suit barred where parties in both actions are the same, where claim in second suit could have been fully and fairly adjudicated in first action, and where court in first action rendered final judgment on merits).

Accordingly, we affirm.

1

. The Honorable James E. Gritzner, United States District Judge for the Southern District of Iowa.

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Related

Anderson v. Larson
327 F.3d 762 (Eighth Circuit, 2003)
Arnevik v. University of Minnesota Board of Regents
642 N.W.2d 315 (Supreme Court of Iowa, 2002)

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Bluebook (online)
79 F. App'x 947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ernest-f-walters-v-walter-kautzky-ca8-2003.