Butler v. City of North Little Rock, Ark.
| Decision Date | 20 November 1992 |
| Docket Number | No. 92-1347,92-1347 |
| Citation | 980 F.2d 501 |
| Parties | 60 Fair Empl.Prac.Cas. (BNA) 612, 60 Empl. Prac. Dec. P 41,872 Freddie BUTLER, Appellant, v. The CITY OF NORTH LITTLE ROCK, ARKANSAS, a municipal corporation; Terry Hartwick, Mayor of North Little Rock; Dale Bruce, North Little Rock Chief of Police; Eddie Hightower, Captain, North Little Rock Police Department; Eugene Harris, Lieutenant, North Little Rock Police Department; North Little Rock Civil Service Commission, Appellees. |
| Court | U.S. Court of Appeals — Eighth Circuit |
B. Dewey Fitzhugh, Little Rock, Ark., argued (Bennie O'Neil, North Little Rock, Ark., on the brief), for appellant.
James M. McHaney, Jr., North Little Rock, Ark., argued (David M. Fuqua, on the brief), for appellees.
Before RICHARD S. ARNOLD, Chief Judge, HENLEY, Senior Circuit Judge, and MAGILL, Circuit Judge.
Freddie Butler appeals the district court's 1 grant of appellees' motion for summary judgment and its denial of leave to amend his complaint. Butler was terminated from his job as a police officer. His termination was upheld by an administrative panel and by a state circuit court judgment, despite Butler's claims of race discrimination. Butler filed this suit under 42 U.S.C. § 1983, alleging that he was terminated because of racial discrimination. Butler later amended his complaint to include claims under Title VII, 42 U.S.C. §§ 2000e to 2000e-17, and 42 U.S.C. § 1981. The district court granted summary judgment, holding that the preclusive effect of the previous state court judgment barred relitigation. The district court also denied Butler leave to amend his complaint to include a conspiracy charge under 42 U.S.C. § 1985(3). On appeal, Butler argues that the state proceeding does not preclude his federal action because he was not afforded a full and fair opportunity to litigate in the state court. He also argues that the district court abused its discretion by refusing to allow him to amend his complaint. We affirm.
Freddie Butler, a black male, worked for the City of North Little Rock, Arkansas, as a police officer. On August 9, 1988, the City fired Butler for violating the police department's rules. Butler appealed his termination to the North Little Rock Civil Service Commission (the Commission). The Commission held a two-day hearing and upheld the termination decision on September 1, 1988. Butler sought review of the Commission's decision in the Circuit Court of Pulaski County. In his petition for review, filed September 22, 1988, Butler claimed his termination violated Title VII, 42 U.S.C. § 1981, and 42 U.S.C. § 1983. On November 18, 1988, Butler filed this action in the United States District Court for the Eastern District of Arkansas in which he alleges the same causes of action.
The Circuit Court of Pulaski County held hearings on January 17 and February 3, 1989. Upon agreement by counsel, the case was submitted to the circuit court on the record compiled before the Commission. On April 7, 1989, the circuit court entered an order upholding Butler's termination.
On November 9, 1989, the defendants filed a motion to dismiss all of the charges in the federal action on the theory of res judicata and preclusion under 28 U.S.C. § 1738. Because additional documents were submitted along with the motion to dismiss, the district court treated it as a motion for summary judgment. On January 19, 1990, the district court entered an order granting defendants summary judgment on preclusion grounds.
Butler later sought leave of the district court to amend his complaint to include a conspiracy charge under 42 U.S.C. § 1985(3). The district court denied this request.
This court reviews the district court's grant of summary judgment de novo. Amerinet, Inc. v. Xerox Corp., 972 F.2d 1483, 1489 (8th Cir.1992). This court must draw all reasonable factual inferences in favor of the non-moving party. Hyman Freightways v. Carolina Freight Carriers, 942 F.2d 500, 502 (8th Cir.1992). Summary judgment is appropriate when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. Hartnagel v. Norman, 953 F.2d 394, 395 (8th Cir.1992); Fed.R.Civ.P. 56(c).
Federal courts must give "full faith and credit" to judicial proceedings in state courts. 28 U.S.C. § 1738. In construing the requirements of § 1738, the United States Supreme Court has held that federal courts must give state court judgments the same preclusive effect they would be given by other courts in the state from which the judgment emerged. Kremer v. Chemical Constr. Corp., 456 U.S. 461, 466, 102 S.Ct. 1883, 1889, 72 L.Ed.2d 262 (1982). The federal courts, therefore, must examine state law to determine whether preclusion applies. Id. at 467, 102 S.Ct. at 1890; Allen v. McCurry, 449 U.S. 90, 96, 101 S.Ct. 411, 415, 66 L.Ed.2d 308 (1980). Section 1738, which embraces the traditional general principle of res judicata, helps to minimize the costs and vexation of multiple litigation, conserve judicial resources, and encourage reliance on adjudication by preventing inconsistent decisions. Id. at 94, 101 S.Ct. at 415. The Supreme Court has given preclusive effect to state court judgments in Title VII cases, Kremer, 456 U.S. at 485, 102 S.Ct. at 1899, and in cases involving 42 U.S.C. § 1983, Allen, 449 U.S. at 103-04, 101 S.Ct. at 419-20.
For a state decision to have preclusive effect, however, the party against whom the earlier decision was rendered must have been afforded a "full and fair opportunity" to litigate the claim or issue in the earlier case. Kremer, 456 U.S. at 480-81, 102 S.Ct. at 1896-97; Allen, 449 U.S. at 95, 101 S.Ct. at 415. "Full and fair opportunity" in this context means that the state proceeding must follow the requirements of the Due Process Clause of the Fourteenth Amendment. Kremer, 456 U.S. at 482, 102 S.Ct. at 1898. If a party has been denied a "full and fair opportunity" to litigate his or her claims, then federal courts must not grant preclusive effect to such a constitutionally infirm decision. Id.
Consequently, our inquiry is two-fold. First, we must determine whether the Arkansas judgment would bar Butler from litigating his claims in the Arkansas state courts. Second, if preclusion applies, we must then determine whether Butler had a "full and fair opportunity" to litigate his case in the state court proceeding. See Gahr v. Trammel, 796 F.2d 1063, 1066 (8th Cir.1986).
Arkansas state courts recognize two types of preclusion: claim preclusion and issue preclusion. Claim preclusion, which is also known by the specific term res judicata, bars relitigation of a subsequent suit when "(1) the first suit resulted in a judgment on the merits; (2) the first suit was based upon proper jurisdiction; (3) the first suit was fully contested in good faith; (4) both suits involve the same claim or cause of action which was litigated or could have been litigated but was not; and (5) both suits involve the same parties or their privies." American Standard, Inc. v. Miller Eng'g, Inc., 299 Ark. 347, 772 S.W.2d 344, 346 (1989); Bailey v. Harris Brake Fire Protection Dist., 287 Ark. 268, 697 S.W.2d 916, 917 (1985); see also Toran v. Provident Life & Accident Ins. Co., 297 Ark. 415, 764 S.W.2d 40, 42 (1989). Issue preclusion, also known as collateral estoppel, bars the relitigation of those matters directly and necessarily litigated in the previous action. Bailey, 697 S.W.2d at 917; Smith v. Roane, 284 Ark. 568, 683 S.W.2d 935, 936 (1985); see also Lovell v. Mixon, 719 F.2d 1373, 1376 (8th Cir.1983).
We agree with the district court that Butler's claims would be precluded in the Arkansas courts by the judgment of the Circuit Court of Pulaski County. Res judicata bars Butler's federal case. The state court suit addressed the merits of Butler's claims, and was based upon proper jurisdiction. The state court judgment was contested in good faith, and Butler raises the identical claims in this federal action. Finally, we agree with the district court that the parties in the state and federal action are similar enough to satisfy the Arkansas state law requirements. 2 Butler's action would be precluded in other Arkansas state proceedings. Therefore, it is precluded from being relitigated in the federal courts as well.
Butler contends, however, that preclusion should not apply because he was not afforded a "full and fair opportunity" to litigate. We must determine whether the Arkansas court afforded Butler due process in this case, i.e., whether Butler was denied procedural, substantive, or evidentiary opportunities to be heard on his claim that his discharge was racially motivated. Yancy v. McDevitt, 802 F.2d 1025, 1030 (8th Cir.1986); Anthan v. Professional Air Traffic Controllers Org., 672 F.2d 706, 710 (8th Cir.1982).
We believe that the requirements of due process were met. Arkansas statutes provide that Butler was entitled to written notice of the charges against him and to a "trial" before the Commission. Ark.Code Ann. § 14-51-308(a), (b) (Michie 1991). At his Commission "trial," Butler was represented by counsel and had the opportunity to present evidence and cross-examine witnesses. Butler appealed the Commission's adverse decision to the Circuit Court of Pulaski County. In his petition for review, Butler specifically raised his race discrimination charge. At the circuit court level, "[t]he court shall review the commission's decision on the record and may, in addition, hear testimony or allow the introduction of any further evidence upon the request of either the city or the employee." Ark.Code Ann. § 14-51-308(e)(1)(C) (Michie 1991); see also Campbell v. City of Hot Springs, 232 Ark. 878, 341 S.W.2d 225, 227 (1960) (). Butler agreed to submit the case to the circuit court with no additional evidence or...
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