QUARLES v. SAGER

No. 81-7422.

687 F.2d 344 (1982)

Thomas QUARLES, Plaintiff-Appellant, v. Lenwood SAGER, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 27, 1982.


Attorney(s) appearing for the Case

Mark E. Hoffman, Birmingham, Ala. (Court-appointed), for plaintiff-appellant.

J. Thomas Leverette, Asst. Atty. Gen., Elizabeth Ann Evans, Montgomery, Ala., for defendants-appellees.

Before HILL and CLARK, Circuit Judges, and SCOTT, District Judge.


PER CURIAM:

On this appeal, we are asked whether the district court correctly entered judgment below in favor of defendants on the ground of res judicata. We hold that res judicata principles do not apply and reverse and remand.

Factual Background

In 1973, Thomas Quarles was convicted of assault with intent to commit murder and sentenced to 15 years in the state penitentiary. Apparently because of the ineffectiveness of his counsel, his state...

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