From Casetext: Smarter Legal Research

Wiggins v. Murphy

United States Court of Appeals, Fourth Circuit
Jun 1, 1978
576 F.2d 572 (4th Cir. 1978)

Summary

In Wiggins v. Murphy, 576 F.2d 572, 573 (4 Cir. 1978) (per curiam), cert. denied, 439 U.S. 1091, 99 S.Ct. 874, 59 L.Ed.2d 57 (1979), the Court cited Rimmer. Wiggins involved a § 1983 claim.

Summary of this case from Holsey v. Bass

Opinion

No. 77-2174.

Argued May 5, 1978.

Decided June 1, 1978.

Peter S. Smith, Baltimore, Md. (Adrienne E. Volenik, Frank C. Derr, Third Year Law Student, Vail A. Kaufman, Third Year Law Student, Maryland Juvenile Law Clinic, on brief), for appellant.

John P. Stafford, Jr., Asst. Atty. Gen., Baltimore, Md. (Francis B. Burch, Atty. Gen. of Md., Clarence W. Sharp, Asst. Atty. Gen., Chief, Crim. Div., Baltimore, Md., on brief), for appellees.

Appeal from the United States District Court for the District of Maryland.

Before BUTZNER and HALL, Circuit Judges, and NORTHROP, District Judge.

Chief Judge of the United States District Court for the District of Maryland, sitting by designation.


The plaintiff brought this action pursuant to 42 U.S.C. § 1983 seeking to have six state criminal convictions declared illegal and expunged from his records. Citing the fact that the plaintiff had tried the same issues in state court and lost, the district court dismissed the action on the basis of either " res judicata, full faith and credit, or outright lack of jurisdiction . . .." We affirm the dismissal, but only on the basis of res judicata.

This court recently held that the doctrine of res judicata does apply to § 1983 actions. Rimmer v. Fayetteville Police Department, 567 F.2d 273, 276 (4th Cir. 1977). We perceive no reason why res judicata should not bar the relitigation in this case of the same issues which were decided by the state courts. Accordingly, for the reasons stated herein, the judgment of the district court is

AFFIRMED.


Summaries of

Wiggins v. Murphy

United States Court of Appeals, Fourth Circuit
Jun 1, 1978
576 F.2d 572 (4th Cir. 1978)

In Wiggins v. Murphy, 576 F.2d 572, 573 (4 Cir. 1978) (per curiam), cert. denied, 439 U.S. 1091, 99 S.Ct. 874, 59 L.Ed.2d 57 (1979), the Court cited Rimmer. Wiggins involved a § 1983 claim.

Summary of this case from Holsey v. Bass
Case details for

Wiggins v. Murphy

Case Details

Full title:ALPHONSO C. WIGGINS, APPELLANT, v. LAWRENCE A. MURPHY, CLERK OF THE COURT…

Court:United States Court of Appeals, Fourth Circuit

Date published: Jun 1, 1978

Citations

576 F.2d 572 (4th Cir. 1978)

Citing Cases

Holsey v. Bass

Cf. Holsey v. Keller, Civil No. W-79-77 and W-79-1202 (petition for a writ of habeas corpus, custodian named…

Prosise v. Haring

The majority flatly disclaimed this as its holding and we are of course bound by that perception.McCurry…