EDMUNDSON v. BOROUGH OF KENNETT SQUARE

No. 92-1848.

4 F.3d 186 (1993)

Harry T. EDMUNDSON, Appellant, v. BOROUGH OF KENNETT SQUARE; Robert F. Goddu; Kenneth Roberts; Herbert L. Waltz; Albert J. McCarthy, Appellees.

United States Court of Appeals, Third Circuit.

Decided August 10, 1993.

Sur Petition for Rehearing September 23, 1993.


Attorney(s) appearing for the Case

Jeffrey L. Pettit (argued), Richard E. Stabinski, Phillips & Phelan, Philadelphia, PA, for appellant.

Christine M. Brenner (argued), Robert G. Hanna, Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, PA, for appellees.

Before: BECKER, HUTCHINSON, and WEIS, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

In this employment discharge case brought under 42 U.S.C. § 1983, we decide that an unemployment compensation proceeding reviewed by a state court invokes claim preclusion so as to bar recovery against a municipality and its officials in their governmental capacities. However, issue preclusion may not be applied to another administrative agency's unreviewed finding that plaintiff's public criticism of his superior...

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