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Display titleSection 1983 Litigation/Exhaustion of State Remedies: Preiser-Heck Doctrine, Notice of Claim, and Ripeness
Default sort keySection 1983 Litigation/Exhaustion of State Remedies: Preiser-Heck Doctrine, Notice of Claim, and Ripeness
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Page creatorLost Student (talk | contribs)
Date of page creation23:56, June 27, 2020
Latest editorLost Student (talk | contribs)
Date of latest edit02:13, June 28, 2020
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State judicial remedies generally need not be exhausted in order to bring a § 1983 action. “The federal [§ 1983] remedy is supplementary to the state remedy, and the latter need not be first sought and refused before the federal one is invoked.”[1] When a § 1983 plaintiff has pursued a state judicial remedy, or was an involuntary state court litigant (such as a criminal defendant), the state court judgment may be entitled to preclusive effect in the § 1983 action.[2]
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