Homo, Sr. v. Town of Henniker

USCA1 Opinion









March 6, 1996 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT



____________________


No. 95-1937


LAWRENCE R. HOMO, SR.,

Plaintiff, Appellant,

v.

TOWN OF HENNIKER, ET AL.,

Defendants, Appellees.


____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

[Hon. Shane Devine, Senior U.S. District Judge] __________________________

____________________

Before

Torruella, Chief Judge, ___________
Selya and Cyr, Circuit Judges. ______________


____________________

Lawrence R. Homo on brief pro se. ________________
David P. Slawsky on brief for appellees. ________________


____________________


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Per Curiam. We find no merit in plaintiff's contention __________

that he was denied a full and fair opportunity to present his

arguments in his state court actions. The state court's

failure to accord him a hearing in his 1994 state court law

suit does not preclude the application of res judicata

principles.

We affirm substantially for the reasons stated in the

district court's July 6, 1995 opinion. Plaintiff's challenge

to his arrest and prosecution were so closely related to the

subjects of his state court action that plaintiff was

required to present all his challenges in one action.

Restatement (Second) of Judgments 24 (1982). See 1st Cir. ___

R. 27.1.

Affirmed. ________

























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