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Round Two. Pelham sues Correro, a police officer who arrested him. He brings suit against Correro in an Emporia state court for assault and battery.
Round Two. Pelham sues Correro, a police officer who arrested him. He brings suit against Correro in an Emporia state court for assault and battery. He recovers damages. Subsequently, Pelham sues Correro in federal court under 42 U.S.C. 1983, for violation of his federal civil rights, based on the same conduct that gave rise to his prior action. Assume that Emporia applies narrow claim preclusion rules, under which a second action on the federal civil rights claim would not be barred in the Emporia courts, because it asserts a right to relief based on a different "primary right." Federal courts, however, apply the Second Restatement's claim preclusion approach. Assume also that the Emporia state court would have had subject matter jurisdiction to hear Pelham's 1983 claim. Pelham's federal court action A. will be barred, because the federal courts apply the transactional claim preclusion rules of the Second Restatement of Judgments. B. will be barred, because federal civil rights claims may be brought in state court. C. will not be barred, because, if it were, the federal court would be barred from hearing a claim arising under federal law. D. will not be barred, because a second suit on the federal
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