DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
213773P.pdf 08/22/2022 Bret Healy v. Albert Fox
U.S. Court of Appeals Case No: 21-3773
U.S. District Court for the District of South Dakota - Central
[PUBLISHED] [Gruender, Author, with Benton and Grasz, Circuit Judges]
Civil Case - RICO. The district court did not err in dismissing Bret
Healy's RICO action as barred by res judicata. Under South Dakota law, his
RICO action was the same cause of action as a civil case he had previously
litigated in the South Dakota courts, as the actions both arose out of the
same nucleus of operative fact and sought to address the same wrong,
albeit under different theories of liability. Bret had a full and fair
opportunity to to litigate his claim in the state court case.