Virgil Lee Smith, and v. Paul R. Lemon, Manager, Cotton Textile Mill Industries, San Quentin State Prison, And
Virgil Lee SMITH, Petitioner and Appellant, v. Paul K. LEMON, Manager, Cotton Textile Mill Industries, San Quentin State Prison, Et Al., Respondents and Appellees
Opinion
PER CURIAM:
Smith, a prisoner at California’s state prison at San Quentin, lost one finger and a second was badly damaged while working in the textile mill. It was the sort of thing on which a free man would ordinarily have workman’s compensation coverage.
Apparently believing the civil rights acts a catch-all for miscellaneous grievances, he filed action No. 50,773 in the Northern District of California. This was dismissed with prejudice. Then he filed action No. C69-197 ACW in the same court. This was dismissed on the ground of res judicata.
Then he filed No. C70-1016 ACW. (In the three complaints there was some juggling of parties.) The third complaint was likewise dismissed on the ground of res judicata.
This appeal is from the dismissal in the third action. We affirm.
The res judicata ground is good. And, there would be several other good ones.
How later courts describe this case
Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.
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(affirming dismissal on res 13 judicata grounds of third complaint by prisoner about personal injury sustained 14 working in prison textile mill after original lawsuit was dismissed with prejudice)
Cited by 4 cases
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