Gonsalves v. Alpine Country Club, No. 83-1431

CourtUnited States Courts of Appeals. United States Court of Appeals (1st Circuit)
Writing for the CourtBefore CAMPBELL, Chief Judge, BOWNES; MALETZ
Citation727 F.2d 27
Parties33 Fair Empl.Prac.Cas. 1817, 33 Empl. Prac. Dec. P 34,150 Antone GONSALVES, et al., Plaintiffs, Appellants, v. The ALPINE COUNTRY CLUB, Defendant, Appellee.
Decision Date09 February 1984
Docket NumberNo. 83-1431

Page 27

727 F.2d 27
33 Fair Empl.Prac.Cas. 1817,
33 Empl. Prac. Dec. P 34,150
Antone GONSALVES, et al., Plaintiffs, Appellants,
v.
The ALPINE COUNTRY CLUB, Defendant, Appellee.
No. 83-1431.
United States Court of Appeals,
First Circuit.
Argued Dec. 5, 1983.
Decided Feb. 9, 1984.

Robert A. Shuman, Providence, R.I., with whom Shuman & Ross, P.C., Providence, R.I., was on brief, for plaintiffs, appellants.

S. Thomas Cotroneo, Johnston, R.I., with whom Thomas F. Cotroneo, Johnston, R.I., was on brief, for defendant, appellee.

Before CAMPBELL, Chief Judge, BOWNES, Circuit Judge, and MALETZ, * Senior Judge.

MALETZ, Senior Judge.

In this appeal we are asked to determine the reach of the Supreme Court's opinion in Kremer v. Chemical Construction Corp., 456 U.S. 461, 102 S.Ct. 1883, 72 L.Ed.2d 262 (1982). The issue in Kremer was whether the federal full-faith-and-credit statute, 28 U.S.C. Sec. 1738 (1976), 1 precludes de novo consideration of a Title VII employment discrimination action by a federal district court after a decision on that question had been reached in a state court. The Court answered this question in the affirmative, finding no " 'clear and manifest' legislative purpose in Title VII to deny res judicata or collateral estoppel effect to a state court judgment affirming that a claim of employment discrimination is unproved ...." 456 U.S. at 485, 102 S.Ct. at 1899.

The aggrieved employee in Kremer was the party who brought the state court appellate proceedings. Here, by contrast, plaintiffs-appellants Antone Gonsalves and Anthony B. Gonsalves were required to defend a Rhode Island state court appeal brought by their employer which reversed a favorable administrative determination for plaintiffs. The Gonsalves find it significant that they, unlike Rubin Kremer, were purportedly

Page 28

forced into state court. Given that circumstance, they maintain that Kremer is distinguishable. We find this a distinction without a difference and, accordingly, affirm the order of the district court granting defendant-appellee's motion for summary judgment. 563 F.Supp. 1283, 1289 (D.R.I.1983).

I.

The Gonsalves, father and son, were employed as first cook and head chef by defendant-appellee The Alpine Country Club (Country Club) in June, 1976. Both were contemporaneously discharged from the Country Club's employ approximately one year later. In November, 1977, they filed a complaint with the Rhode Island Commission for Human Rights (RICHR), alleging discrimination in employment on the basis of race and color. A favorable decision for the Gonsalves was rendered by the RICHR in 1979 from which the Country Club appealed. On that appeal the Rhode Island superior court reversed the RICHR's decision and order, finding that there was insufficient evidence of probative force from which the RICHR could have concluded that the Gonsalves had been discriminatorily discharged. The superior court's decision was based on its review of the entire record, pursuant to R.I.Gen.Laws Sec. 42-35-15(g). 2

From that decision the Gonsalves appealed to the Rhode Island Supreme Court. Their petition for a writ of certiorari was granted on December 11, 1980, but was subsequently quashed for lack of prosecution on June 18, 1981. A motion for reconsideration was denied on July 16, 1981.

Undaunted, the Gonsalves obtained a right-to-sue letter from the Equal Employment Opportunity Commission on September 4, 1981, and thereafter filed a Title VII action in federal district court on December 4, 1981. On May 17, 1983, the district court granted the Country Club's motion for summary judgment on the ground that the Gonsalves' action was barred by res judicata and collateral estoppel. 563 F.Supp. at 1288-89. This appeal followed.

II.

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23 practice notes
  • Tucker v. Defense Mapping Agency, Civ. A. No. 84-0387-S.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Rhode Island
    • April 29, 1985
    ...Corp. v. Isla Rica Sales, 747 F.2d 21, 26 (1st Cir.1984); Gonsalves v. Alpine Country Club, 563 F.Supp. 1283, 1285 (D.R.I.1983), aff'd, 727 F.2d 27 (1st Cir.1984). In so doing, the district judge must view the evidence in the light most beneficial to the nonmovants, Isla Rica, 747 F.2d at 2......
  • Perez v. Zayaz, No. CIV 03-1744SECCVR.
    • United States
    • U.S. District Court — District of Puerto Rico
    • October 3, 2005
    ...though the state administrative body itself was unable to consider the federal claim as such. See, e.g., Gonsalves v. Alpine Country Club, 727 F.2d 27, 28-29 (1st...
  • McInnis v. Harley-Davidson Motor Co., Inc., Civ. A. No. 82-0422-S.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Rhode Island
    • January 14, 1986
    ...v. Dell Publishing Co., 630 F.2d 685, 686 (1st Cir. 1980). Gonsalves v. Alpine Country Club, 563 F.Supp. 1283, 1285 (D.R.I.1983), aff'd, 727 F.2d 27 (1st Cir.1984). See also Advance Financial Corp. v. Isla Rica Sales, Inc., 747 F.2d 21, 26-27 (1st Cir.1984); Gleason, 589 F.Supp. at 1478-79.......
  • Blue Cross of Rhode Island v. Cannon, Civ. A. No. 83-0772 S.
    • United States
    • U.S. District Court — District of Rhode Island
    • June 22, 1984
    ...thereto as a matter of law. Fed.R. Civ.P. 56(c); see Gonsalves v. Alpine Country Club, 563 F.Supp. 1283, 1285 (D.R.I.1983), aff'd, 727 F.2d 27 (1st Cir. 1984); United Nuclear Corp. v. Cannon, 553 F.Supp. 1220, 1226 (D.R.I.1982); Milene Music, Inc. v. Gotauco, 551 F.Supp. 1288, 1292 (D.R.I.1......
  • Request a trial to view additional results
23 cases
  • Tucker v. Defense Mapping Agency, Civ. A. No. 84-0387-S.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Rhode Island
    • April 29, 1985
    ...Corp. v. Isla Rica Sales, 747 F.2d 21, 26 (1st Cir.1984); Gonsalves v. Alpine Country Club, 563 F.Supp. 1283, 1285 (D.R.I.1983), aff'd, 727 F.2d 27 (1st Cir.1984). In so doing, the district judge must view the evidence in the light most beneficial to the nonmovants, Isla Rica, 747 F.2d at 2......
  • Perez v. Zayaz, No. CIV 03-1744SECCVR.
    • United States
    • U.S. District Court — District of Puerto Rico
    • October 3, 2005
    ...though the state administrative body itself was unable to consider the federal claim as such. See, e.g., Gonsalves v. Alpine Country Club, 727 F.2d 27, 28-29 (1st...
  • McInnis v. Harley-Davidson Motor Co., Inc., Civ. A. No. 82-0422-S.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Rhode Island
    • January 14, 1986
    ...v. Dell Publishing Co., 630 F.2d 685, 686 (1st Cir. 1980). Gonsalves v. Alpine Country Club, 563 F.Supp. 1283, 1285 (D.R.I.1983), aff'd, 727 F.2d 27 (1st Cir.1984). See also Advance Financial Corp. v. Isla Rica Sales, Inc., 747 F.2d 21, 26-27 (1st Cir.1984); Gleason, 589 F.Supp. at 1478-79.......
  • Blue Cross of Rhode Island v. Cannon, Civ. A. No. 83-0772 S.
    • United States
    • U.S. District Court — District of Rhode Island
    • June 22, 1984
    ...thereto as a matter of law. Fed.R. Civ.P. 56(c); see Gonsalves v. Alpine Country Club, 563 F.Supp. 1283, 1285 (D.R.I.1983), aff'd, 727 F.2d 27 (1st Cir. 1984); United Nuclear Corp. v. Cannon, 553 F.Supp. 1220, 1226 (D.R.I.1982); Milene Music, Inc. v. Gotauco, 551 F.Supp. 1288, 1292 (D.R.I.1......
  • Request a trial to view additional results

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