If a person in custody overturns his conviction by habeas in state courts and then sues in Federal, would he be barred?
This question is based around the doctrine of Res Judicata or Collateral Estoppel for a person "in custody" seeking habeas relief in state courts. The situation is as follows........ A person "in custody" seeks petition by habeas to reverse his conviction (and constitutional and/or state claims are litigated in state court) and his conviction is ultimately reversed. He then files a Federal Lawsuit seeking damages for those claims litigated in state court, thus also satisfying Heck v Humphrey, but will he barred from litigating those claims in Federal Court by the above doctrines?
Your question is a very specific and technical one. I'm moving it from the general Litigation forum to Civil Rights because the lawyers who monitor that forum are more likely to know the answer to your question than the civil trial lawyers who generally monitor the general Litigation forum.
I suspect what those civil rights lawyers will tell you, though, is that you should consult a qualified lawyer in person, rather than through this public forum, for a question that is this specific. The answer may well depend on specifics of your case that aren't included in your question, but that you don't want to be discussing, even anonymously, on a public website like this one.
Instead, if you're asking for yourself (instead of just out of idle curiosity or for a friend), then you're best off keeping that level of detail off of internet publications, and instead to instead discuss those details with a qualified lawyer in a private communication that's subject to the cloak of attorney-client privilege.
In any event, sorry that I can't give you a direct answer myself, and good luck with your inquiry.
I'm *a* lawyer, but not *your* lawyer, until we've documented my hiring through a written Representation Agreement signed by us both. The impressions given here are to help you decide whether you should consult a lawyer directly; don't rely on my impressions or opinions for any further purpose.