Losing Brutality Suit in State Court Bars Federal Claim
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The plaintiff lost his use of force claim in the state Court of Claims; the court held that the preponderance of evidence showed that the officers followed DOCS routine. That decision precludes the plaintiff from relitigating the use of force in federal court under 1983. Although the federal constitutional issues could not have been pursued in the Court of Claims, the adverse decision necessarily resolved the "material, dispositive issues" raised by both claims against the plaintiff. The plaintiff had a full and fair opportunity to litigate, having been represented by counsel in the Court of Claims and the Fourth Department. See: D'Andrea v. Hulton, 81 F.Supp.2d 440 (W.D.N.Y. 1999).