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DAVIS v. HALPERN

No. 452, Docket 86-7621.

813 F.2d 37 (1987)

David DAVIS, Plaintiff-Appellant, v. Charles HALPERN, in his official capacity as Dean of the City University of NY Law School at Queens College & in his individual capacity, John Farago in his official capacity as Assistant Dean of the City of NY Law School Queens College & in his individual capacity, Joseph Murphy in his official capacity as Chancellor the City University of NY & in his individual capacity, & Gordon Ambach in his official capacity as Chancellor of the State University of NY & as Commissioner of Ed. of the State of NY, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 9, 1987.

Attorney(s) appearing for the Case

David Davis, pro se.

Stephen M. Jacoby, Asst. Atty. Gen. of State of N.Y. (Robert Abrams, Atty. Gen. of State of N.Y., New York City, of counsel), for defendants-appellees.

Before OAKES, CARDAMONE and DAVIS, Circuit Judges.

DAVIS, Circuit Judge:

The sole issue before us is whether the District Court correctly held that appellant Davis' federal action was barred, under the principles of former adjudication, by a previous suit he had brought in a New York state court. We hold that the federal action was not so barred.

I.

Background

David Davis, a white male in his '40s, desires to attend law school. He applied to enter the 1983-84 class of the City University...

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