Court of Appeals for the Third Circuit July 26, 1985, 84-3590 (Robert Wade v. City of Pittsburgh, Victor Muto and William Burke)

OPINION OF THE COURT

WEIS, Circuit Judge.

In this civil rights case, the district court, relying on a state court judgment in a common law negligence suit arising out of the same occurrence, applied the bar of res judicata. Because the state judgment was based on statutory immunity not germane to the federal suit, we conclude that claim preclusion is not applicable.