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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.
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