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McCARTHY v. WARDEN

(13560)

213 Conn. 289 (1989)

JOHN J. MCCARTHY v. WARDEN, STATE PRISON

Supreme Court of Connecticut.

Decision released December 26, 1989.

Attorney(s) appearing for the Case

L. D. McCallum, assistant attorney general, with whom, on the brief, was Clarine Nardi Riddle, attorney general, for the appellant-appellee (respondent).

Todd D. Fernow, with whom were Michael R. Sheldon and, on the brief, Raymond J. Rigat, legal intern, for the appellee-appellant (petitioner).

PETERS, C. J., HEALEY, GLASS, COVELLO and HULL, JS.

PETERS, C. J.

The principal issue in this appeal is the applicability of res judicata to foreclose relitigation, in a state court habeas corpus action, of constitutional claims regarding prison disciplinary proceedings that were previously adjudicated in a federal civil rights action. The petitioner, John J. McCarthy, filed an amended petition for a writ of habeas corpus directed to the respondent, the warden of the state...

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