Allen v. McCurry

In Allen v. McCurry, 449 U.S. 90, 96, 101 S.Ct. 411, 415-16, 66 L.Ed.2d 308 (1980), the Supreme Court held that 1738 requires that federal courts give state court rulings the same preclusive effect in a subsequent 1983 case that the rulings would have in the courts of that state. However, that preclusive effect will not apply in federal court "where the party against whom an earlier court decision is asserted did not have a full and fair opportunity to litigate the claim or issue decided by the first court." Id. at 101, 101 S.Ct. at 418.