United States Seventh Circuit
Burke v. Johnston, 05-3287
Dismissal of prisoner's 42 U.S.C. 1983 for violation of the Eighth Amendment is reversed where: 1) Rooker-Feldman did not create a jurisdictional bar to the suit; 2) the suit was not barred by state-law issue preclusion since it involved a new claim that had not been previously litigated; and 3) issues of state statutory interpretation required further development by both parties.
Appellate Information
- Argued 05/10/2006
- Decided 06/27/2006
- Published 06/27/2006
Judges
- EVANS, Circuit Judge., Before FLAUM, Chief Judge, and BAUER and EVANS, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellant:
- Jeff Scott Olson (argued), Madison, WI, for Plaintiff-Appellant.
- For Appellees:
- Corey F. Finkelmeyer, Adrian Dresel-Velasquez (argued), Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for Defendants-Appellees.