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Information for "Section 1983 Litigation/Preclusion Defenses"

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Display titleSection 1983 Litigation/Preclusion Defenses
Default sort keySection 1983 Litigation/Preclusion Defenses
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Page ID21077
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Page creatorLost Student (talk | contribs)
Date of page creation23:58, June 27, 2020
Latest editorLost Student (talk | contribs)
Date of latest edit23:58, June 27, 2020
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Under the full-faith and credit statute, 28 U.S.C. § 1738, federal courts in § 1983 actions must give state court judgments the same preclusive effect they would receive in state court under state law.[1] This principle controls so long as the federal litigant against whom preclusion is asserted had a full and fair opportunity to litigate his federal claims in state court. A full and fair opportunity to be heard requires only that state judicial procedures meet minimal procedural due process requirements.[2]
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