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Senator Edward Kennedy — Part 25
Page 86
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Furthermore, it is apparent from plaintiff’s prior suits filed
in various federal courts, that plaintiff has previously litigated
some if not all of the claims he raises in the present complaint.
Federal common law governs the preclusive effect of a federal court. .
judgment in a subsequent federal court case. See Montana v. United
States, 440 U.S. 147 (1979). Under the doctrine of res judicata,
a "final judgment on the merits of an action precludes. the parties
or their privies from relitigating issues that were or could have
been raised in that action." Allen v. McCurry, 449 U.S. 90, 94
(1980). In Allen v. McCurry, the United States Supreme Court
determined that res judicata generally applies to civil rights
actions. Id.
To the extent that plaintiff’s claims wera or could have been
raised in his previous litigation, plaintiff is precluded from
bringing them in the present action. Plaintiff has filed a
multitude of civil actions against most if not all of the
defendants named in the present complaint, alleging claims
identical to those in this action.’ Because thé assertions in the
present complaint have already been adjudicated or should have been
raised because the claims were encompassed in plaintiff’s cause of
3 he following is just a partial listing of lawsuits
previously filed by plaintiff. See Jones v. Oiker, No. 87-2068
(8th Cir., Dec 2, 1987); Jones v. Hadican, et al., No. 87~-1513EM
(8th Cir., May 11, 1987); Jones _v. Hadican, et _al., No 86-
1251C(3), (E.D. Mo., March 30, 1987); Jones v. United States, et
al., No. 81-1328 (8th Cir., April 23, 1981); Jones v. United States ©
° ica, et al., No. 82-1904-EM (8th Cir., September,17, 1982);
Jones v. Biden, et al., No. 91-2141 (D.D.C., September.27, 1991),
aff'd, 988 F.2d 1280 (Table) (D.C. Cir. 1993); Jones v. Hadican, et
al., No. 84-CV-4281-DT (E.D. Mich., October, 17, 1984), aff'd, 779
F.2d 51 (6th Cir. 1985).
10
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