Virgil Lee Smith, and v. Paul R. Lemon, Manager, Cotton Textile Mill Industries, San Quentin State Prison, And

Ninth Circuit

Virgil Lee Smith, and v. Paul R. Lemon, Manager, Cotton Textile Mill Industries, San Quentin State Prison, And

442 F.2d 1195, 1971 U.S. App. LEXIS 10612

Court of Appeals for the Ninth Circuit·Decided April 22, 1971·No. 26517·Published·Cited by 2 cases

Opinion

PER CURIAM:

Smith, a prisoner at California’s state prison at San Quentin, lost one finger and a second was badly damaged while working in the textile mill. It was the sort of thing on which a free man would ordinarily have workman’s compensation coverage.

Apparently believing the civil rights acts a catch-all for miscellaneous grievances, he filed action No. 50,773 in the Northern District of California. This was dismissed with prejudice. Then he filed action No. C69-197 ACW in the same court. This was dismissed on the ground of res judicata. Then he filed No. C70-1016 ACW. (In the three complaints there was some juggling of parties.) The third complaint was likewise dismissed on the ground of res judicata.

This appeal is from the dismissal in the third action. We affirm.

The res judicata ground is good. And, there would be several other good ones.

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PER CURIAM:

Smith, a prisoner at California’s state prison at San Quentin, lost one finger and a second was badly damaged while working in the textile mill. It was the sort of thing on which a free man would ordinarily have workman’s compensation coverage.

Apparently believing the civil rights acts a catch-all for miscellaneous grievances, he filed action No. 50,773 in the Northern District of California. This was dismissed with prejudice. Then he filed action No. C69-197 ACW in the same court. This was dismissed on the ground of res judicata. Then he filed No. C70-1016 ACW. (In the three complaints there was some juggling of parties.) The third complaint was likewise dismissed on the ground of res judicata.

This appeal is from the dismissal in the third action. We affirm.

The res judicata ground is good. And, there would be several other good ones.

Virgil Lee Smith, and v. Paul R. Lemon, Manager, Cotton Textile Mill Industries, San Quentin State Prison, And, 442 F.2d 1195, 1971 U.S. App. LEXIS 10612 (9th Cir. 1971).

Pincite

442 F.2d 1195 (Virgil Lee Smith, and v. Paul R. Lemon, Manager, Cotton Textile Mill Industries, San Quentin State Prison, And) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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