Public Health Law Map - Beta 5 - Medical and Public Health Law Site

state court. The mere existence of a federal claim does not guarantee access to federal
courts after a state court judgment because of the doctrines of collateral estoppel and
res judicata. This doctrine declares that an issue or claim that has already been settled
in a proper judicial hearing can not be relitigated in a different venue. 42 U.S.C. § 1983
or the federal habeas corpus statute may apply if a criminal conviction was in violation
of a constitutional right such as due process. However, although a federal claim or
issue exists, there is no right to have it heard in federal court when a state court has
already reviewed it. The Supreme Court applied this doctrine to a man convicted in
Missouri state court on criminal charges. After the conviction, he brought a § 1983
action against the arresting officers for unconstitutional search and seizure. The Court
dismissed his claim, holding that a civil or criminal litigant does not automatically get
to litigate at the federal level a § 1983 claim when that issue has been settled in state
court. There is no "generally framed principle that every person asserting a federal
right is entitled to one unencumbered opportunity to litigate that right in a federal
district court." Allen v. McCurry, 449 U.S. 90, 103 (1980).
To contrast, a woman was convicted of disorderly conduct under Pennsylvania law for
offensive speech to police officers. She eventually appealed to the Third Circuit
Federal Court of Appeals, and was granted habeas corpus review because her
conviction was in violation of her due process rights under the U.S. Constitution.
Pringle v. Court of Common Pleas, 778 F.2d 998 (3d Cir. 1985). Her constitutional
claim was raised in state court and denied, so it was not deemed to be a vehicle simply
to get her case into federal court.
V. Criminal Law
HIGHLIGHTS
Introduction
The government routinely prosecutes medical care practitioners for criminal law
violations.
Criminal cases can result in imprisonment, large fines, and expensive defense
costs, which are not paid by medical malpractice insurance.
Criminal defendants have substantial constitutional protections.
Medical care practitioners must know the special criminal laws that apply to
medical care.
Medical care practitioners must know how to protect their rights in criminal
investigations.
Ten years ago, in the late 1980s, medical care practitioners were mostly concerned with
civil litigation, especially medical malpractice litigation. They were constantly involved
with administrative proceedings through Medicare/Medicaid reimbursement and other
federal pay programs, but this was a billing office matter, not a source of personal
constant concern for the physicians and nurses. There were occasional criminal actions
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