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JOHNSON v. McKASKLE

No. 82-2472.

727 F.2d 498 (1984)

William JOHNSON, Jr., Petitioner-Appellant, v. Dan V. McKASKLE, Acting Director, Texas Department of Corrections, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

March 23, 1984.

Attorney(s) appearing for the Case

Sanford Levinson, F. Scott McCown, University of Texas School of Law, Austin, Tex., for petitioner-appellant.

Adrian Young, Asst. Atty. Gen., Austin, Tex., for respondents-appellees.

Before CLARK, Chief Judge, POLITZ and JOHNSON, Circuit Judges.

CLARK, Chief Judge:

William Johnson, Jr., appeals the dismissal of his 42 U.S.C. § 1983 action alleging unconstitutional treatment by prison officials of the Texas Department of Corrections (TDC). Holding that res judicata barred Johnson's action, the district court dismissed with prejudice. We vacate and remand with directions.

I

Johnson, a paraplegic, asserted in his complaint that as an inmate in the TDC he was subjected to cruel and inhuman...

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