Portillo v. Cunningham, No. 16-20633 (5th Cir. 2017)Annotate this Case
The Fifth Circuit affirmed the district court's dismissal of plaintiff's claims under common law, Texas statutes, and 42 U.S.C. 1983. Because plaintiff's section 1983 claims should have been brought in a second state court action, the dismissal with prejudice barred those claims from relitigation. Therefore, the court held that res judicata barred all of plaintiff's claims. The court vacated the attorney fee award because the district court did not make a finding of frivolousness and approved an award supported by insufficient evidence. The court remanded for further proceedings.